New Mexico AG opposes Meta's attempt to limit public and media at upcoming trial

The New Mexico Department of Justice said it opposes a request by Meta to limit public access to a trial in a lawsuit alleging the social media company put children at risk of sexual abuse and other harmful acts in violation of New Mexico law.

In a news release Thursday, the NMDOJ, headed by state Attorney General Raúl Torrez, said it opposed a request by Meta Platforms Inc. — the parent company of Facebook and Instagram — to prevent media and the public from hearing the Feb. 9 trial, as well as prohibiting the sharing of video and audio from the court hearing.

"While claiming to support transparency, Meta is asking the court to ensure the trial unfolds largely out of public view — no live video, no audio recordings, no broad public access — despite the significant public interest in allegations of platform safety issues related to child sexual exploitation, teen mental health and online safety," according to the release. 

When asked for comment, a Meta spokesperson said in an email, "While New Mexico makes sensationalist, irrelevant and distracting arguments, we're focused on demonstrating our longstanding commitment to supporting young people."

"For over a decade, we’ve listened to parents, worked with experts and law enforcement, and conducted in-depth research to understand the issues that matter most," the spokesperson said, adding that the company introduced safety measures like teen accounts with built-in protections. "We’re proud of the progress we’ve made, and we’re always working to do better.”

NMDOJ argued that the public deserved full visibility into the court proceedings and stated in a recent court filing, "Consistent with the spirit of New Mexico law and the transparency protections it provides, the trial in this case should take place in a public forum, with access for members of the media and the public who wish to cover it or observe the proceedings," according to the release. 

The 2023 lawsuit, filed by Torrez in First Judicial District Court, alleged that Meta's social media platforms put children at risk of human trafficking and the distribution of sexually explicit images. Meta, in response, said that more than 2.6 million accounts were disabled in 2023 for violating the social media giant's child sexual exploitation policies, according to a statement from the company. 

The lawsuit called Meta a "breeding ground for predators who target children" and alleged that the platform's lack of an age verification system makes it easy for adults to have unrestricted access to children. The suit claims that Meta developed specific features to further connect children to potential predators.

"In short, Meta has allowed Facebook and Instagram to become a marketplace for predators in search of children upon whom to prey," court records state. "Meta’s conduct is not only unacceptable; it is unlawful."

A Jan. 21 court brief filed by the NMDOJ said that Meta waived any right to restrict public access by failing to file a timely motion that would request the courtroom be closed to the public. A party must file for a courtroom closure at least 45 days before court proceedings, according to the brief.

During a Jan. 16 motion hearing, Meta said that it had "concerns about folks coming in with cameras and providing video coverage of the trial or of certain witnesses." In the brief, the NMDOJ alleged Meta did not provide specific examples and only cited security concerns for witnesses and Meta employees who would testify. 

In a statement on Meta's website that same day, company officials wrote, "Recent lawsuits misrepresent our commitment to creating safe, valuable experiences for young people. We stand by our record."

Meta argued that lawsuits have placed blame on the social media company for teen mental health struggles, and said plaintiffs' lawyers suggested that Meta has prioritized company growth over the well-being of teens.

"The plaintiffs’ lawyers will try to paint an intentionally misleading picture of Meta with cherry-picked quotes and snippets of conversations taken out of context," according to the statement. "The full record will show a company that has consistently put teen safety ahead of growth for over a decade."

Meta said in the statement that they launched a variety of safety features — including restrictions for adults from trying to start private chats with teens they are not connected to on Instagram and Facebook Messenger — to protect children on social media.

Additionally, Meta contended that social media can be beneficial for teens by creating a sense of belonging and community. The company said it will defend itself in court against "claims that misrepresent the facts and ignore the work we've done."

NMDOJ lawyers wrote in a Jan. 21 brief, "If Meta truly contends that the state's claims 'misrepresent' facts and 'ignore' evidence, it should have no problem with the court allowing the public full access to the trial — directly or indirectly, through the media — so that the public can evaluate the facts and evidence for itself."

Nakayla McClelland covers crime and breaking news. Reach her at nmcclelland@abqjournal.com or at 505-823-3857.