Three of the world's biggest tech firms face a landmark trial in Los Angeles this week over claims that their platforms—Meta's Instagram, ByteDance's TikTok, and Google's YouTube—deliberately harm children and drive online addiction. It's the first time the companies will argue their case before a jury, and the outcome could have profound effects on their businesses and how they'll handle children using their platforms, per the AP. Jury selection is expected to take at least a few days, with 75 potential jurors questioned each day through at least Thursday. A fourth company named in the suit, Snapchat parent company Snap Inc., settled the case last week for an undisclosed sum.
At the core of the case is a 19-year-old identified only by the initials "KGM," whose case could determine how thousands of other, similar lawsuits against social media companies will play out. KGM claims that her use of social media from an early age caused her to become addicted to the technology and exacerbated her depression and suicidal thoughts. The suit claims this was done through deliberate design choices made by firms that sought to make their platforms more addictive to children to boost profits. This argument, if successful, could sidestep the companies' shield of the First Amendment and Section 230 of the Communications Decency Act, which protects tech companies from liability for material posted on their platforms.
"Borrowing heavily from the behavioral and neurobiological techniques used by slot machines and exploited by the cigarette industry, defendants deliberately embedded in their products an array of design features aimed at maximizing youth engagement to drive advertising revenue," the lawsuit says. Execs such as Meta CEO Mark Zuckerberg are expected to testify in the trial, set to last six to eight weeks. The tech firms dispute claims that their products deliberately harm kids, citing a bevy of safeguards they've added over the years and arguing they're not liable for content posted by third parties.
The case will be the first in a slew of cases beginning this year that seek to hold social media companies responsible for harming children's mental well-being. A federal trial beginning in June in Oakland, California, will be the first to represent school districts that have sued social media platforms over harm to children. In addition, more than 40 state attorneys general have filed lawsuits against Meta, claiming it's harming young people and contributing to the youth mental health crisis by deliberately designing features on Instagram and Facebook that addict children to its platforms.