In the United States, a precedent-setting decision was taken against Meta and Google: the jury found that the two companies deliberately developed addictive products and did not warn users of the risks. We’re talking about YouTube and Instagram.
The lawsuit was filed against the tech companies by a woman known only by her initials KGM. According to her testimony, she started using YouTube at the age of six, and Instagram at the age of nine. According to her, she fell into depression at the age of 10 and started having bouts of self-harm. Thereafter, she became pathologically fixated on imaginary or minor flaws in her appearance, and was almost unable to communicate personally with others. The woman claimed that her addiction to social media destroyed her relationships with her family and classmates.
The gist of the plaintiff’s claims against Meta and Google is that she developed an addiction to social networks, almost like tobacco. Her lawyer’s arguments are many It was being built Just like lawyers’ arguments in big trials against tobacco companies: Social network developers knew their products were addictive, which can cause mental and sometimes physical health damage, but they hid it.
The court sentenced the woman to compensation amounting to six million dollars, of which 4.2 million must be paid by Meta Company (owner of Instagram), and the remaining 1.8 million must be paid by Google (owner of YouTube). TikTok and Snap Inc. were also named. Initially as defendants in the case. (Snapchat owner), but they reached a prior agreement with the woman, the terms of which were not revealed.
KGM’s lawsuit is one of thousands filed in California alone (where the tech companies are headquartered) against Meta, Google, and other social media owners. Plaintiffs include not only individuals, but in some cases entire school districts. The current decision sets a precedent. It is expected that this will lead, firstly, to the making of many similar decisions on other similar claims, and secondly, to the fact that there will be many such claims.
Lawyers for the technology companies have argued that their clients are protected under Section 230 of the Communications Act, which specifically states that developers and owners of online platforms cannot be held legally liable for content that users post on those platforms.
KGM was represented by attorney Mark Lanier, known for high-profile cases against large corporations (for example, over the Johnson & Johnson baby powder harm in 2016). The court accepted the view that motive: Social media addiction, with all its negative consequences, does not arise from any specific content that users post on the platforms, but from the mechanism through which this content is viewed – infinite scrolling, auto-playing of videos, recommendation algorithms, etc.
During the trial, Meta CEO Mark Zuckerberg also testified. Also to the jury foot Internal company documents leaked to the press confirm that management was aware of the danger of addiction. Zuckerberg and other representatives of the tech industry, as well as their lawyers, responded by emphasizing that there is no diagnosis for “social media addiction.” The concept does not even have a strict definition, so it is not clear what exactly they should be held responsible for. In their view, the plaintiff’s depression may have been caused by other factors, including the family situation.
At about the same time as the KGM lawsuit was concluded, Meta lost another landmark trial: a New Mexico state court binding The company is paying $375 million. The state’s attorney accused Meta of systematically misleading users about the safety of the Facebook, Instagram and WhatsApp platforms, and in fact facilitating the sexual exploitation of children.
Prosecutors demonstrated that Meta gave criminals unfettered access to young users, which often led to actual violence and human trafficking. Meta denied these allegations, saying that the company has mechanisms to protect young users and that it does not mislead the public.
In this case, the prosecution also paid special attention to the fact that Meta services are designed to keep the user engaged for as long as possible and to cause addiction. This, according to prosecutors, made children particularly vulnerable.
Since 2022, a bipartisan group of US lawmakers has been seeking congressional approval for the Children’s Online Safety Act (KOSA). she Welcome The ruling in the KGM case expressed his hope that it would contribute to advancing the bill.