Meta Platforms Inc. must face a lawsuit brought by the Massachusetts attorney general alleging that the company designed Instagram to addict young users, the state’s highest court ruled Friday in a significant decision with nationwide implications.
The Massachusetts Supreme Judicial Court rejected Meta’s attempt to dismiss the case under Section 230 of the Communications Decency Act, a federal law that typically shields technology companies from liability for user-generated content. The court concluded that the claims instead target Meta’s own conduct—specifically, the design and operation of its platform—rather than content posted by users.
The Court said the lawsuit alleges harm stemming from Meta’s design choices, including features that may exploit the developmental vulnerabilities of children and mislead users about the platform’s safety.
Massachusetts Attorney General, who filed the lawsuit in 2023 under state consumer protection and tort laws, claims that Instagram includes features such as infinite scrolling, push notifications, and “like” systems that are designed to maximize engagement and foster compulsive use among minors.
The court’s ruling draws a distinction between liability for third-party content and liability for a company’s own business practices, narrowing the scope of Section 230 protections in this context.
The decision comes amid a broader wave of litigation against social media companies across the United States. Thousands of lawsuits filed by states, school districts, and individuals allege that platforms such as Instagram and Facebook contribute to a growing youth mental health crisis.
Recent developments in related cases include a Los Angeles jury verdict finding Meta and Google negligent in the design of their platforms and awarding damages to a young plaintiff, as well as a separate case in which Meta was ordered to pay substantial civil penalties in a lawsuit brought by New Mexico’s attorney general.
Meta has denied the allegations and says it has implemented measures to protect young users, though the company did not immediately respond to requests for comment following the Massachusetts ruling.
The case will now proceed in state court, where it is expected to test the extent to which social media companies can be held accountable for the design of their platforms and their impact on younger users.
Sauder Schelkopf LLP is not counsel in this matter.
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