Why Fines Alone Won’t Make Social Media Safer For Kids ...Middle East

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In March, New Mexico became, according to the state’s Department of Justice, “the first state to win at trial against a big tech company for misleading consumers and endangering children.” A jury found that Meta violated the state’s Unfair Practices Act and awarded $375 million in damages.

The court will decide if Meta’s platforms violated public nuisance laws and created a public health and safety hazard in New Mexico that requires specific remedies to address these harms, including changes necessary to make Meta platforms safe for children. The actions ordered by this court could serve as a blueprint for how courts across the country respond to specific social media harms.

The question before the court in New Mexico is therefore not just whether harms occurred, but what interventions are most likely to reduce those harms going forward. The case is being watched closely by thousands of plaintiffs, and by social media companies engaged in litigation. The decisions ordered here could influence cases for years to come.

Preventing harm caused by social media means changing the product features and design choices that can negatively impact young users. If the New Mexico court determines that Meta’s platform has created a hazard to public health and safety, effective solutions should prohibit unsafe designs, restrict data collection from minors, and prohibit the collection and use of minors’ personal data for targeted advertising. These interventions can be effective at preventing harms because they proactively change designs that hurt consumers without requiring judgments about specific content or users. 

In addition to harm prevention, a second category of remedies focuses on harm mitigation, in other words, ensuring users and families have effective tools when harmful experiences occur. Meta has argued in public and in litigation that it has implemented new safety features for minors. The question is not whether Meta’s safety tools exist, but whether they work. 

Finally, strengthening government oversight is essential to ensure real safety. The court should require internal and external monitoring, as well as transparency mechanisms that ensure independent assessments of safety outcomes. New Mexico has already proposed an independent child safety monitor, an effective approach in previous antitrust, civil rights, and consumer protection cases.

Company documents released through U.S. litigation show that widely touted safety tools, including parental controls, screen-time management tools, and “take a break” features often have extremely low adoption rates. According to Meta, as of March 2025, only 0.38% of youth users in the U.S. were enrolled in parental supervision programs. Kids, parents, and the public should not have to understand and change platform settings in order to have a safer experience online. 

Large civil penalties may punish past conduct, but damages will not, on their own, make social media safer for children. If courts want to reduce harm, they must focus on product design choices, measurable safety outcomes, and governance structures that shape user experiences every day.

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