Meta heads to trial in New Mexico over claims Facebook and Instagram exposed children to sexual exploitation

Meta

• Meta faces trial in NM over claims Facebook, Instagram exposed kids to harm.
• State claims Meta's platforms allowed predators to contact minors, share illegal content
• Meta denies charges, cites legal protections and child safety efforts

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Meta is set to face trial next week in New Mexico over serious allegations that Facebook and Instagram knowingly exposed children to sexual exploitation and harmful content. The case will be heard in Santa Fe District Court starting Monday, February 2, and is expected to last for nearly two months.

The lawsuit was filed by New Mexico Attorney General Raúl Torrez and centres on a 2023 undercover operation known as Operation MetaPhile. According to reporting by Reuters, investigators working for the Attorney General’s office created accounts on both Facebook and Instagram while posing as children under the age of 14.

The state alleges that these accounts were rapidly exposed to sexually explicit material and contacted by adults seeking illegal content involving minors. Prosecutors claim that the operation has already resulted in criminal charges against three individuals, and that Meta’s platforms made it easy for predators to identify and contact potential victims.

Beyond the alleged exposure to illegal content, the lawsuit accuses Meta of creating an environment that actively facilitates exploitation. According to the complaint, features such as infinite scrolling feeds and auto-play videos were deliberately designed to encourage prolonged and addictive use, increasing the likelihood that children would encounter harmful material or be targeted by bad actors. The state argues that Meta provided what it describes as “unfettered access” for predators to reach minors, despite being aware of the risks.

Meta has strongly rejected the allegations. In a statement responding to the lawsuit, the company described the claims as “sensationalist” and argued that they rely on cherry-picked internal documents taken out of context. Meta said it has spent more than a decade working with parents, child safety experts, and law enforcement agencies to address risks on its platforms, and insists it has made meaningful progress in protecting young users.

The company also maintains that it is legally shielded from liability. Meta argues that the claims are barred by the First Amendment of the US Constitution, as well as Section 230 of the Communications Decency Act. Section 230 generally protects online platforms from being held responsible for user-generated content, a legal defence that has been central to many previous cases involving social media companies.

However, prosecutors are expected to challenge that protection by focusing on Meta’s own design choices and internal policies, rather than solely on third-party content. Evidence presented at trial may include references to a 2021 whistleblower who alleged that Meta was aware of the mental health and safety risks its platforms posed to younger users but failed to act decisively.

The trial may also revisit earlier reporting about an internal policy that once allowed Meta’s AI chatbots to engage in romantic or sensual conversations with minors, raising further questions about oversight and safeguards within the company’s product development processes.

The outcome of the case could have broader implications for how social media platforms are regulated and held accountable for child safety in the United States. As lawmakers and regulators continue to scrutinise large technology companies, the New Mexico trial will be closely watched as a potential test of how far existing legal protections extend when allegations involve children and platform design.