Meta is threatening to shut down its apps in New Mexico as the social media giant battles state Attorney General Raul Torrez and his “impossible obligations” in court over its platforms’ alleged harms to the mental health and safety of children.
In a court filing on Thursday, the company said a requirement to verify with 99% accuracy that minors using Instagram, Facebook, or WhatsApp are at least 13 years old is not doable.
“As a practical matter, this requirement effectively requires Meta to shut down its services — for all users in the state — or else comply with impossible obligations,” Meta said.
The admission came days before the second phase of the court case starts. A bench trial, which is conducted without a jury, is set to start this coming Monday.
The New Mexico Department of Justice is seeking court-ordered reforms, including warning labels about platform risks and a ban on adults engaging in child exploitation on top of enhanced age verification.
Meta’s threat to revoke social media access in the state altogether was not taken lightly by Torrez. His office accused the company of manufacturing a “PR stunt” instead of implementing basic changes to protect children.
“Meta is showing the world how little it cares about child safety,” Torrez said in a statement.
“Meta’s refusal to follow the laws that protect our kids tells you everything you need to know about this company and the character of its leaders,” Torrez added. “We know Meta has the ability to make these changes. For years the company has rewritten its own rules, redesigned its products, and even bent to the demands of dictators to preserve market access. This is not about technological capability. Meta simply refuses to place the safety of children ahead of engagement, advertising revenue, and profit.”
In response, Meta reiterated that Torrez’s demands are “technically impractical” and claimed the Democratic attorney general is preoccupied with targeting one social media company over “hundreds of other apps” used by teenagers today.
“While it is not in Meta’s interests to do so, if a workable solution to Attorney General Torrez’s demands is not reached, we may have no choice but to remove access to its platforms for users in New Mexico entirely,” a Meta spokesperson said.
In March, a New Mexico jury ordered Meta to pay a $375 million fine in civil penalties after finding that the company was liable for knowingly violating the state’s Unfair Practices Act. Meta vowed to appeal that ruling.
New Mexico became the first state to succeed in a court case against Meta over its apps’ alleged harms against children. Shortly thereafter, California found Meta and YouTube liable for negligence regarding social media addiction.
It remains to be seen if New Mexico will succeed again when the legal battle continues next week.
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“In the next phase of this legal proceeding, we will seek additional financial penalties and court-mandated changes to Meta’s platforms that offer stronger protections for children,” Torrez said after the March ruling.
The presiding judge will determine whether Meta created a public nuisance and, if it did, whether it should fund public programs to help alleviate the alleged harms to children.