The San Francisco-based 9th U.S. Circuit Court of Appeals on Monday ruled that more than 3,000 lawsuits against Meta, TikTok, Google, Snap, and other tech firms can move forward. The lawsuits were filed by states, municipalities, school districts, and individuals.
The cases were consolidated before Oakland-based District Judge Yvonne Gonzalez Rogers, who had ruled in 2023 and 2024 that most of the litigation could proceed. Meta and TikTok had appealed the orders, arguing that they are protected from litigation under Section 230 of the Communications Decency Act of 1996. The federal law generally protects companies from liability over content posted by users.
The appeals court ultimately did not rule on whether Section 230 bars those claims, but concluded that the appeal was premature because the trial court’s ruling was not final. Whether Section 230 shields companies from liability over their product design—a defense expected to feature in other litigation against tech firms—could have wider implications for the industry.
Thousands of similar lawsuits have been filed in state courts against many of the same tech firms.
In the first bellwether trial in March, a Los Angeles jury sided with a 20-year-old woman who said she developed depression, anxiety, and body dysmorphia after she became addicted to Instagram and YouTube as a child. The jury awarded her $6 million and found Meta and Google negligent in designing their platforms and failing to warn about their risks. TikTok and Snap settled with the plaintiff before trial.
Also that month, a jury in New Mexico found that Meta wilfully misled users about the safety of its platforms and enabled child sexual exploitation. The company was ordered to pay $375 million in civil penalties to the state. State District Judge Bryan Biedscheid later ordered Meta to pay an additional $567 million and implement safeguards including stricter age verification and usage limits.
The trial for another lawsuit brought by 29 states against Meta is set to begin Wednesday. The appeals court on Monday dismissed Meta’s effort to postpone the trial, which centers on allegations that Meta violated federal privacy and state and consumer protection laws by collecting children’s data, utilizing potentially addictive platform features, and making misleading safety representations. Meta denies the allegations.
Growing restrictions on social media
In December, Australia became the first country to impose a nation-wide social media ban restricting social media access for children under 16.
Several more countries have since followed in Australia’s stead. In February, Spain proposed barring children under 16 from social media, although the bill still requires parliamentary approval. The U.K. announced an under-16 ban for certain platforms that is expected to take effect early next year. Last month, France’s Parliament approved a ban for children under 15, which is now under constitutional review. Other countries across Europe, including Denmark, Greece, and Norway, have discussed similar restrictions.
In Asia, Indonesia began barring children under 16 from making accounts on major social media and gaming platforms in March, citing risks including pornography, cyberbullying, online fraud, and addiction. In June, Malaysia also began requiring platforms to verify users’ ages and prevent children under 16 from making or holding accounts.
Measures around the world have faced significant pushback from the tech industry. NetChoice, a trade association representing major tech companies including Meta and TikTok, has challenged state laws on grounds of free speech and privacy. Courts in several states, including Arkansas, California, Colorado, Georgia, Nebraska and Virginia, have temporarily or permanently blocked all or parts of laws around online safety. Most of those cases are ongoing. Other states, including Florida, Mississippi, Tennessee and South Carolina, also face ongoing litigation over their measures.
Reddit filed a legal challenge to Australia’s ban, arguing that it infringes on the implied constitutional freedom of political communication and that its platform should not be covered by the law.
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