A landmark trial in New Mexico is entering a decisive second phase that could fundamentally reshape how social media platforms operate worldwide, with potential ripple effects for European regulators and users.
State prosecutors are asking a judge to force Mark Zuckerberg's Meta—the parent company of Instagram, Facebook, and WhatsApp—to overhaul key parts of its platforms, including the algorithms that decide what users see, over claims they harm children's mental health and enable exploitation.
The case follows a jury verdict in March that already found the company liable and imposed $375 million (roughly €320 million) in civil penalties. Jurors determined Meta engaged in “unconscionable” trade practices that unfairly exploited children's vulnerabilities and inexperience, violating New Mexico's Unfair Practices Act thousands of times.
What Changes Are Prosecutors Demanding?
Prosecutors want sweeping changes to how Meta's platforms work. These include redesigning algorithms so they no longer prioritise constant engagement, as well as limiting addictive features like infinite scroll and push notifications. They are also calling for stronger age verification, default privacy protections for children, and requiring child accounts to be linked to a parent or guardian. The state is also seeking the appointment of a court-supervised child safety monitor.
One of the biggest potential outcomes is a redesign of the systems that recommend content to users. Prosecutors argue these algorithms currently prioritise engagement over safety, encouraging compulsive use.
Meta's Response and Free Speech Arguments
Meta has said it will appeal the earlier verdict and strongly opposes the proposed changes. The company argues the demands are unrealistic and could force it to “disregard the realities of the internet.” Meta is also invoking free speech protections. “The state's proposed mandates infringe on parental rights and stifle free expression for all New Mexicans,” the company said.
A Meta spokesperson told the Associated Press: “We work hard to keep people safe on our platforms and are clear about the challenges of identifying and removing bad actors or harmful content. We will continue to defend ourselves vigorously, and we remain confident in our record of protecting teens online.”
European Parallels and Scrutiny
The trial comes amid growing international scrutiny. Last week, the European Commission said around 10–12% of children under 13 are using Instagram and Facebook, raising concerns that Meta's age checks are ineffective. This echoes broader European efforts to regulate digital platforms, including the Digital Services Act (DSA), which imposes stricter obligations on large platforms to protect minors.
The case also highlights the mounting psychosocial risks associated with social media use, a concern that has gained traction in European policy circles. The outcome in New Mexico could influence how EU regulators approach algorithmic accountability and child safety online.
The trial is expected to last three weeks, with testimony from experts, investigators, and Meta executives. A ruling could set a precedent for how social media companies design their platforms, not just in the United States but globally, including in Europe.
