A jury in Los Angeles determined on Wednesday that Meta and Google’s YouTube were negligent and failed to warn users of the dangers associated with using their platforms, in a case that could have repercussions across the social media landscape.
The personal injury trial commenced in late January in L.A. Superior Court. A young woman identified as K.G.M., or Kaley, alleged that she became addicted to apps like Instagram and YouTube as a child. Deliberations began Friday, March 13.
Jurors ultimately ruled in favor of the plaintiff, who claimed that Meta and YouTube’s negligence played a “substantial factor” in causing mental health-related harms. Compensatory damages were assessed at $3 million, with Meta on the hook for 70% and YouTube the remaining 30%. The next phase of the trial, set to begin shortly, will determine punitive damages.
“Today’s verdict is a historic moment — for Kaley and for the thousands of children and families who have been waiting for this day,” attorneys representing the plaintiff said in a statement after the verdict. “She showed extraordinary courage bringing this case and telling her story in open court. A jury of Kaley’s peers heard the evidence, heard what Meta and YouTube knew and when they knew it, and held them accountable for their conduct.”
A Meta spokesperson said in a statement, “We respectfully disagree with the verdict and are evaluating our legal options.”
It’s one of several trials taking place this year that experts have characterized as the social media industry’s “Big Tobacco” moment, comparing it the 1990s, when tobacco companies were forced to pay billions of dollars for lying to the public about the safety and potential harms of their products.
On Tuesday, jurors in Santa Fe, New Mexico found that Meta willfully violated the state’s unfair practices after Attorney General Raúl Torrez alleged that the company failed to properly safeguard its apps from online predators targeting children. Meta was ordered to pay $375 million in damages based on the number of violations. The company said that it would appeal the case.
The New Mexico case is separate from other social media lawsuits that state attorneys general have brought against companies including Meta and TikTok.
During the six-week trial in L.A., jury members were tasked with determining whether Meta and YouTube implemented certain design features in their apps like recommendation algorithms and auto-play that contributed to K.G.M.’s crippling, mental distress. The 20-year-old woman alleged that she suffered from severe body dysmorphia, depression and suicidal thoughts due to her near-constant use of the apps and the constant notifications that made it difficult for her to stop.
Meta and YouTube denied the plaintiff’s claims, and said they take safety and health concerns seriously and have implemented features intended to minimize potential harms. Attorneys representing the tech giants alleged that K.G.M.’s mental health problems stemmed from a turbulent childhood and related family issues, and that she used the services as a way to cope with trauma.
The court chose the plaintiff’s case as a bellwether to help determine verdicts in similar and connected litigation throughout the state of California under so-called Judicial Council Coordination Proceedings. Although TikTok and Snap were originally part of the case, they settled with the plaintiff before the trial began, and are still involved in other legal proceedings.
A federal trial is set to begin this summer in the Northern District of California involving similar, consolidated claims by school districts and parents nationwide. They claim apps from Meta, YouTube, TikTok and Snap helped foster detrimental mental health-related harms to young users.
A central legal strategy for prosecutors and plaintiff attorneys is to focus on alleged design flaws related to apps like Instagram and YouTube instead of specific content in order to counter arguments made by tech companies that they shouldn’t be held liable for certain third-party content on their platforms due to Section 230, which governs speech.
The L.A. trial, features testimony from several high-level executives, including Meta CEO Mark Zuckerberg, Instagram head Adam Mosseri and YouTube vice president of engineering Cristos Goodrow.
Mosseri pushed back last month on the notion of social media addiction, characterizing it as “problematic” usage. Zuckerberg’s testimony the following week included the revelation that the Facebook co-founder once contacted Apple CEO Tim Cook to discuss the wellbeing of teens and children and that the company’s decision-making process related to digital filters promoting cosmetic surgery and other matters.
Goodrow said in his testimony that YouTube was “not designed to maximize time.”
Lawyers representing both parties made closing arguments about two weeks ago.
— MS Now’s Jillian Frankel and CNBC’s Stephen Desaulniers contributed to this report.
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