Social media platforms such as Facebook and Instagram could soon find themselves in a California court facing a complaint that they are responsible for causing mental health damage to their users.
The case involves a consolidation of lawsuits from various districts. The plaintiff's attorneys are planning to submit this in February. If it is passed in court, it will significantly test a new legal theory, according to a report by Politico.
MENLO PARK, CALIFORNIA - APRIL 28: A sign is posted in front of Meta headquarters on April 28, 2022 in Menlo Park, California. Facebook parent company Meta reported better-than-expected first quarter earnings per share of $2.72 compared to analyst expectations of $2.56. Revenue for the quarter fell short at $27.91 billion compared to the expected $28.24 billion.
Social Media Algorithms
If the complainants succeed, it will have a massive effect on how social media algorithms must be created and governed, as well as how the next generation of users should interact with these platforms.
The plaintiffs allege that social media platforms were aware that their algorithms had promoted harmful content to users who have eating disorders, depression, anxiety, and other illnesses. They argue that the companies had a responsibility to inform the users about the risks of these sensitive posts.
They claim records published in 2021 by Frances Haugen, a former product manager for Facebook, as proof that her former employer was aware that Instagram users were experiencing negative health impacts.
However, Politico explains that proving that an algorithm caused harm may be challenging, especially under the traditional product liability jurisprudence.
Product Liability Laws
There is also an ongoing legal discussion about whether social media algorithms must be regarded as a product due to the fact that product liability laws only cover the faults found in tangible objects such as a bed, a car, and other products.
Although the firm hasn't responded to the lawsuit's allegations, CEO Mark Zuckerberg has stated that he is open to further regulation from Congress. The social media company has also introduced extra tools to assist users in curating their feeds.
Social media networks could be subject to product liability law if the legal team is successful in persuading the court that Facebook and Instagram have caused damages to their users. This result would set a standard for how social media is maintained moving forward.
This is not the first time that Meta has faced allegations that its algorithms were suggesting harmful content to its users. In June 2022, the company received eight complaints from several courthouses in the US claiming that frequent exposure to its app has resulted in attempted or actual suicides, insomnia, eating disorders, and other illnesses.
Bloomberg reports that the lawsuits also include allegations of defective design, negligence, fraud, and other issues. They were lodged in federal courts in Colorado, Florida, Georgia, Texas, Tennessee, Illinois, Missouri, and Delaware.
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