Meta says it may withdraw its apps from New Mexico if judge agrees to the state's demands

Source: Engadget

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Background

In court filings (via SourceNM), Meta warned that if a judge sides with the New Mexico Department of Justice in an upcoming bench trial, the company may be forced to shut down its apps for users in the state. New Mexico Attorney General Raúl Torrez described Meta’s threat to pull the plug on its apps as a “PR stunt.”

Last month, a Santa Fe jury held Meta liable for $375 million in damages to New Mexico over the company’s failure to protect child users from online predators. The warning was made ahead of the trial’s second phase, scheduled to begin next week (see the NM DOJ press release).

Legal Context

The May 4 bench trial will be overseen by New Mexico District Judge Bryan Biedscheid. The judge will determine whether Meta created a “public nuisance” and should therefore fund related state programs. New Mexico DOJ lawyers will also argue that Meta must implement several platform changes, including:

• Adding age verification
• Removing predators
• Protecting minors from encrypted communications that shield bad actors

Meta’s Response

Meta’s unsealed response, released on Thursday, described the state’s demands as “so broad and burdensome that if implemented, it might force Meta to withdraw its apps entirely.” The company stated:

“It does not make economic or engineering sense for Meta to build separate apps just for New Mexico residents.”
“The state lacks the authority to implement its desired changes, and doing so would violate free speech.”

Attorney General’s Statement

In a statement to Engadget, NM AG Torrez dismissed Meta’s claims that the proposed remedies were infeasible:

“We know Meta has the ability to make these changes. For years, the company has rewritten its own rules, redesigned its products, and even bent to the demands of dictators to preserve market access. This is not about technological capability. Meta simply refuses to place the safety of children ahead of engagement, advertising revenue, and profit.”