Historic Trial Begins: New Mexico Puts Meta on the Stand Over Child Sexual Exploitation Claims

A landmark legal battle against the digital giants reaches a critical turning point today as New Mexico becomes the first state to independently take a major social media corporation to trial over child safety. The proceedings, which commence with opening statements in Santa Fe on February 9, pit Attorney General Raul Torrez’s office against Meta Platforms Inc., the parent company of Facebook and Instagram. At the heart of the litigation is a devastating accusation: that Meta’s platforms have knowingly failed to safeguard minors, effectively creating a “marketplace” and “breeding ground” for predators.

The Core Allegations and Undercover Evidence

The lawsuit, originally filed in 2023, charges Meta with turning a blind eye to the sexual exploitation of children and misrepresenting the safety of its products, in violation of state consumer protection laws.

Crucially, the state's case is built on compelling evidence gathered from an undercover investigation by the New Mexico Department of Justice. Investigators created “decoy accounts” or “sock puppet” accounts on Meta's platforms, sometimes posing as children as young as 13 or 14, to document safety failures. Through these accounts, investigators reportedly documented the systematic arrival of targeted sexual solicitations from predators and then tracked Meta's response.

The prosecution asserts that evidence will demonstrate how Meta’s own platform features—including its algorithms and account designs—enticed and addicted young people while simultaneously facilitating exposure to dangers like sexual exploitation, sextortion, and human trafficking. Disturbing findings cited by the Attorney General's office include allegations that the platforms proactively served sexually explicit images to underage users, enabled adults to solicit children for pornographic content, and recommended unmoderated groups devoted to commercial sex. Furthermore, the investigation is credited with leading to the arrest of at least three individuals who believed they were meeting an underage child.

The State’s Legal Strategy and Meta’s Defense

Unlike many ongoing lawsuits that focus on the addictive nature of social media, New Mexico's case is a stand-alone effort focusing squarely on child sexual exploitation and public nuisance claims. This legal avenue is particularly notable because a state judge previously rejected Meta's attempt to dismiss the claims, ruling that the company cannot use Section 230 of the Communications Decency Act as a shield against the state's allegations of enabling harm.

Meta, in turn, has vociferously denied the civil charges, stating it will defend itself in court. A company spokesperson has called the state's case “sensationalist” and accused prosecutors of “cherry-picking select documents” to make distracting arguments. The tech giant has also raised ethical concerns regarding the state's investigation itself, citing the use of child photos on proxy accounts and alleged delays in reporting discovered Child Sexual Abuse Material (CSAM). Meta highlights its longstanding commitment to supporting young people and points to existing safety measures and moderation efforts on teen accounts.

Part of a Tidal Wave of Litigation

The New Mexico trial is unfolding amid an escalating legal crackdown on major tech companies. It is Meta's second major trial of 2026 concerning alleged harms to children. Just weeks prior, another landmark trial commenced in Los Angeles Superior Court, where hundreds of families and school districts are suing Meta, Google (YouTube), and others. That separate, high-stakes proceeding is a “bellwether” case focusing on claims that the platforms were intentionally designed to be addictive and harmful, leading to mental health crises, depression, and self-harm in young users.

The outcomes of these trials—particularly the New Mexico case's use of consumer protection laws against child exploitation—could establish new legal precedents, potentially opening a novel legal pathway for regulators worldwide to hold Big Tech accountable not just for content posted by users, but for the inherent design and safety flaws of their platforms.

Practical Takeaways for Parents and Users

As this legal challenge progresses, it serves as a stark reminder of the digital dangers minors face. While industry safety standards are debated in court, proactive measures remain essential for user protection.

• Maximize Privacy and Safety Settings: Check your child’s account settings. Ensure profiles are set to private, limit who can comment or send direct messages, and disable location-sharing features.
• Understand Platform Tools: Familiarize yourself with Meta's Supervision Tools, which allow parents to monitor screen time, see who their teen follows, and receive notifications when their teen changes safety settings. These tools require the teen to agree to the supervision setup.
• Open Communication: Regularly discuss online interactions with children. Emphasize that predators often use deceptive language to appear friendly or trustworthy. A concrete example is explaining that unsolicited offers of gifts, modeling jobs, or secretive communication are common red flags.
• Know How to Report: Teach children and teens the importance of the “Block and Report” functions. Assure them that reporting suspicious accounts or explicit content is the fastest way to get it reviewed, and that they will not be penalized for doing so.
• Set Digital Boundaries: Establish clear household rules for screen time, device-free zones (especially bedrooms), and age-appropriate app usage to mitigate the known risks of social media addiction and exposure to harmful content.