Meta Heads To Trial After Court Says It Can’t Hide Behind Section 230

Jury selection for the first major trial against Meta’s allegedly addictive social media design has begun — just days after a court cleared the way for similar lawsuits.

A jury of eight was sworn in Wednesday in the Oakland federal court trial brought by California, Colorado, Kentucky and New Jersey, KTVU reported. The Ninth Circuit Court of Appeals ruled Monday that the Clinton-era Section 230 does not block lawsuits, allowing a 2023 multi-state suit to move forward, according to the Associated Press.

“The State AGs [attorneys general] may call this a landmark case, but their limited claims are unsubstantiated and their financial demands are vastly disproportionate,” a Meta spokesperson told the Daily Caller News Foundation.

“The AGs offer no proof anyone in their states was misled, claim benign features like having an additional Instagram account somehow harmed their residents, and attempt to penalize Meta for industry-wide challenges like age verification,” the Meta spokesperson added.

Section 230, which former President Bill Clinton signed into law as part of the Communications Decency Act of 1996, asserts that online platforms cannot be held legally liable for content posted on them by third parties.

Meta accused the states of disregarding the facts in pursuit of a payout and maintained it has built strong protections for kids using its applications.

“Facebook and Instagram ‘encourage addictive behavior, fail to verify users’ ages, encourage adolescents to bypass parental controls, and inadequately safeguard against harmful content and/or intentionally amplify harmful and exploitive content,'” the Ninth Circuit said in its opinion, describing the states’ claims.

Critics counter that social media platforms are engineered to exploit children’s developing brains.

“Social media addiction affects young people because their brains are still developing and don’t fully develop until they are 25 … So social media is essentially wiring their brains for addiction,” Nicole Runyon, a former child psychotherapist and parent coach, told the DCNF. “This is causing a gamut of issues for kids, including sleep disturbances, depression, loneliness, anxiety, self-harming behavior, and even suicide.”

Google, TikTok, Snapchat, NetChoice, the Computer & Communications Industry Association, ParentsTogether, Protect Young Eyes, California Attorney General Rob Bonta and Lieff Cabraser law firm each did not immediately respond to the DCNF’s requests for comment.

Law professor Eric Goldman and Fairplay did not provide a comment on the record.

“I don’t think [the ruling] will inherently curb the issue of harms done to kids as a result of [social media] use on its own,” Runyon told the DCNF. “I advocate for parents to be authoritative and keep social media away from their children until at least 18 …. I don’t think we should be waiting for something tragic to happen and then sue the [social media] company for damages.”

The 2023 lawsuit, brought by dozens of states, claims Meta crafted its platforms to addict young users and illegally collect their data, according to the lawsuit. “Meta has harnessed powerful and unprecedented technologies to entice, engage, and ultimately ensnare youth and teens,” the complaint alleged.

The Oakland, CA, trial incorporates only four of these states, while eight states filed separate lawsuits, according to the AP. The trial is expected to begin Tuesday, Aug. 18, CTV reported.