Meta has raised the prospect of withdrawing its social media services from New Mexico as state prosecutors push for fundamental changes to the company’s platforms to protect the mental health and safety of minors.
The threat surfaced during legal manoeuvres ahead of a bench trial scheduled for next week regarding allegations that Meta’s operations constitute a public nuisance.
This marks the second phase of a landmark case; previously, a jury ordered Meta to pay $375 million in civil penalties after determining the firm knowingly harmed children’s mental health and concealed information regarding child sexual exploitation on its services.
State prosecutors are urging the court to mandate a series of reforms for child accounts, aimed at curbing addictive features, enhancing age verification, and preventing exploitation through stricter default privacy settings and closer oversight.
Amongst these demands is a requirement for Meta to link all child accounts to a parent or guardian and the appointment of a court-supervised monitor to track safety improvements.
However, in a court filing unsealed on Thursday, Meta argued that meeting a proposed requirement for 99% accuracy in verifying that users are at least 13 years old is unfeasible.
The company stated that such “impossible obligations” would, as a practical matter, force a shutdown of its services-including Facebook, Instagram, and WhatsApp-for all 2.1 million residents of the state.
Such a withdrawal would silence personal communications across the state and significantly disrupt commercial advertising.
Eric Goldman, co-director of the High Tech Law Institute at Santa Clara University School of Law, noted that while a retreat would address child safety concerns, it could appear “intentionally hostile”.
He suggested that Meta might decide the cost of maintaining a specialised service for the territory outweighs its value.
New Mexico Attorney General Raúl Torrez, a Democrat seeking re-election this November, dismissed Meta’s claims that the proposed changes are impractical.
He pointed out that features such as “infinite scroll” and “auto-play” were not always part of the social media landscape.
“I highly doubt that they’re going to be willing and able to turn the lights off for their product all over the country,” Mr Torrez said during an online press conference, adding that he would not “turn a blind eye” to the exploitation of children for the sake of advertising contracts.
The case is the first to reach trial among more than 40 state attorneys general who have sued Meta, alleging the company has contributed to a youth mental health crisis.
The legal friction in New Mexico mirrors global trends, with various countries implementing restrictions ranging from total social media bans for minors to mandatory parental account linking.
The court’s decision in the upcoming trial could have significant implications for how social media giants are regulated across the United States.
