What makes this settlement worthy of attention is the deal's requirement for an independent auditor, which is the first time anyone examining Meta's product design will be chosen by someone other than the company. Independent regulators, such as the Federal Communications Commission, are a proven (if imperfect) way to protect the public interest, and social media platforms are now at least as important to our lives (and our children's lives) as the broadcast and telecom industries that the FCC regulates.
On the surface, this is good news. But look a little deeper and it becomes clear the auditor's power is too limited. First, the agreement repeatedly defers to Meta's current business practices, rather than defining new standards based on the public interest. For example, Age Appropriate Experiences are defined as "content captured in Meta's applicable Ages 13+ content setting." Harmful Experiences are defined as "behaviors that violate Meta's Community Standards," and age verification data must only be protected "using Meta's highest data privacy and security standards." This creates myriad openings for clever Meta employees to meet the letter of the agreement while avoiding real change.
This limited public disclosure is insufficient for external researchers and the public interest. Meta says in its public announcement of the settlement that the agreement includes the establishment of "an independent social media research foundation" with which "Meta will share consented user data… to advance independent research into teen well-being" — but we could find no mention of this foundation as an obligation in the settlement.
We do not mean to suggest this agreement is not a positive step. Its weaknesses are not failures of negotiation, but rather a reflection of the limits of a legal settlement: a bargain with one company, for a fixed period, based on specific legal claims at the time of agreement.
A permanent regulator could also go beyond one-time agreements on specific Meta features, and build an ongoing body of research and practice around safety best practices. This would allow society to develop its own definitions and standard of care that could apply internet-wide. A more comprehensive approach to regulating social media, looking beyond issues of child safety on specific platforms, is needed.
There's a particular need for the public to have more insight and control over how social media feeds are constructed. The agreement requires Meta to offer teens the option of choosing a non-personalized (and thus presumably less addictive) "home" feed, but doesn’t make this the default, and still lets teens continue to use the personalized feed. Since research has shown most people dislike chronological feeds, this requirement will probably have limited real-world impact.
Related storiesFurther, the provisions establish that the non-personalized feed will consist of "content [that] is populated by accounts the Teen User follows or has friended, displayed in chronological order." This assumes that a chronological feed is the best alternative to Meta's curated feed. There is an argument that well-designed algorithms could actually contribute to improved mental health if optimized to deprioritize toxic posts and misinformation, while aligning with users' preferences as to what gives them long-term value.
We hope that this settlement agreement will become a baseline, not a high water mark, for more thoughtful regulation of internet platforms. This case, and the many other pending lawsuits in state and federal courts, are useful in providing evidentiary material, political attention, and specific concessions. But they are not substitutes for the durable rules and institutions that only Congress and state legislatures can provide.
This article is for informational purposes only and is not meant to offer medical advice.
Opinion on Live Science gives you insight on the most important issues in science that affect you and the world around you today, written by experts and leading scientists in their field.
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