Tech giants Meta, which owns Instagram, Facebook and WhatsApp, and Google, which owns YouTube, were found liable by a California jury last week for negligently designing social media platforms in a way which caused a young woman’s childhood addiction and mental health problems. Snap and TikTok were also defendants but settled for an undisclosed sum before trial.
Both Meta and Google, who plan to appeal, were ordered to pay $3m in damages plus an extra $3m in punitive damages, in KGM v Meta Platforms, Inc, et al.
In a separate civil case last week, a New Mexico jury found Meta failed to do enough to stop its platforms being used for child sexual exploitation. Meta was fined $375m, in State of New Mexico, ex rel v Meta Platforms, Inc.
Online harms lawyer Mark Jones, partner at Payne Hicks Beach, said: ‘These two cases are a litmus test of where the red line is drawn.
‘It sets the direction for how seriously we treat the risks of exploitative design, especially for children. What happens next reaches far beyond the US. It should shape how UK regulators, courts and Ofcom decide whether the Online Safety Act delivers real protection, or just the appearance of it.’
The UK government is currently consulting on introducing curbs on social media use for under-16s. Australia introduced a ban in December.
Cripps partner Matthew Holman said the California decision was ‘likely to resonate strongly in the UK.
‘But a similar case here would face real legal hurdles, in part because English law does not operate a system of penal damages, and I would expect that courts would closely examine whether social media use can be directly linked to the harm claimed.’
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