Massachusetts suit against Instagram moves forward
A Massachusetts court has allowed a state lawsuit alleging Instagram was designed in ways that harm children to proceed, rejecting Meta's attempt to dismiss the case. The decision clears the way for litigation over product design and safety claims, and Meta says it will appeal. (thehindu.com)
Massachusetts’ highest court ruled on April 10 that the state’s lawsuit against Meta over Instagram’s design can keep going. (mass.gov) The Supreme Judicial Court said Meta could not end the case now by invoking Section 230, the 1996 federal law that often shields online platforms from liability for user posts. The justices said Massachusetts is suing over Meta’s own conduct, including product design and alleged deception, not over third-party content. (mass.gov) Attorney General Andrea Joy Campbell filed the suit in Suffolk Superior Court on October 24, 2023, against Meta Platforms and Instagram. Her office says the company built features to keep minors using the apps compulsively and misled the public about risks to young users. (mass.gov) The ruling keeps alive claims under Massachusetts consumer protection law and a public nuisance theory centered on platform design. The court described the allegations as targeting conduct that “capitalizes on the developmental vulnerabilities of children,” rather than the publisher role Section 230 protects. (mass.gov) That distinction is central to a wider fight over social media cases nationwide. States and families have tried to frame lawsuits around recommendation systems, endless scroll, notifications and other design choices instead of the posts users upload. (reuters.com) Massachusetts’ complaint points to features such as autoplay, infinite scroll, persistent alerts and social feedback tools like “likes” as mechanisms that encourage repeated checking and longer sessions. It also says Meta had internal evidence of harm to some young users while publicly stressing safety efforts. (mass.gov) Meta said in court that the claims are barred by Section 230 and that the company has introduced tools and protections for teens and parents. After the ruling, Meta said it disagrees with the decision and plans to appeal. (reuters.com) The Massachusetts case is separate from the multistate litigation filed in 2023 by dozens of attorneys general over youth mental health and social media. Campbell’s office announced its suit the same day a bipartisan coalition of 42 attorneys general filed related actions in federal and state courts. (mass.gov) The immediate result is narrower than a verdict: Massachusetts gets to keep litigating and seek evidence, while Meta tries to overturn the ruling on appeal. For now, the court has cleared the case to move past the dismissal stage and into the next round. (mass.gov)
