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New Mexico Legal Action Claims Meta Neglected Child Safety Protections

February 11, 2026 • By gsswpadmin

Meta is facing serious allegations regarding its platforms’ impact on children, as a trial commenced in New Mexico. State prosecutors claim that the company has failed to disclose critical information about the harmful effects of its platforms, violating consumer protection laws.

This trial marks the first stand-alone case from state prosecutors amid a wave of lawsuits against major social media companies, including Meta, concerning child safety and exploitation. The proceedings are expected to shed light on explicit online content and its repercussions on young users.

During his opening statement, prosecution attorney Donald Migliori asserted that Meta, which owns Facebook, Instagram, and WhatsApp, has misrepresented the safety of its platforms. He accused the company of designing algorithms that keep young users engaged while being aware of the risks of sexual exploitation.

Migliori emphasized that Meta’s leadership, including CEO Mark Zuckerberg and Instagram head Adam Mosseri, prioritized profits over the safety of children. He stated, “Meta clearly knew that youth safety was not its corporate priority … that youth safety was less important than growth and engagement.”

In response, Meta attorney Kevin Huff countered these claims, highlighting the company’s efforts to eliminate harmful content from its platforms. He argued that “Meta disclosed, it didn’t deceive,” insisting that the state must prove that Meta failed to inform users about risks rather than simply showing that harmful content exists.

More than 40 state attorneys general have filed lawsuits against Meta, alleging that the company intentionally designs features that addict children and neglects their mental health. Most of these lawsuits have been filed in federal court.

In a separate case in California, a trial also began on the same day, accusing Meta and Google of creating addictive social media platforms.

State Says Zuckerberg And Others Understood The Risks

It remains uncertain whether Zuckerberg will testify, as New Mexico has limitations on compelling out-of-state witnesses. However, prosecutors previewed a video deposition of Zuckerberg that may play a significant role in the trial.

Current and former Meta employees are expected to testify about the company’s misrepresentation of the effects its platforms have on children. Notably, Arturo Béjar, a former engineering director at Facebook, is on the witness list and has previously testified about his daughter’s experiences with harassment on Instagram.

Prosecutors plan to present evidence indicating that Meta is aware of approximately 500,000 inappropriate interactions with children occurring daily on its platforms, and that the company does not adequately monitor these interactions.

Lawsuits Across The Country

In California, opening statements began in a separate case against Meta and Google’s YouTube, alleging that their platforms are intentionally addictive and harmful to children. The outcomes of these trials could challenge the companies’ First Amendment protections and Section 230 of the 1996 Communications Decency Act, which shields tech companies from liability for user-generated content.

A team led by New Mexico Attorney General Raúl Torrez, who filed the lawsuit against Meta in 2023, built their case by posing as children on social media and documenting sexual solicitations along with Meta’s responses.

Torrez, a Democrat seeking reelection, aims for Meta to implement more effective age verification measures and enhance efforts to remove harmful users from its platform. He is also advocating for changes to algorithms that promote harmful content and has criticized end-to-end encryption, which can hinder monitoring communications for safety. Meta has defended encrypted messaging as a necessary privacy and security measure.

Meta Says Investigation Is ‘Ethically Compromised’

Meta has accused prosecutors of selectively presenting evidence to create sensational narratives. Spokesperson Andy Stone stated that the state’s investigation is “ethically compromised” due to its use of child photos on proxy accounts and delays in reporting child sexual abuse material.

“The evidence will show that the state rigged this investigation to get a fake result,” Huff told the jury. “We think you will reject the reliability and fairness of the state’s fake-account investigation.”

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