Meta warns of app withdrawal from New Mexico over court rulings on child safety
Following a $375 million jury verdict, Meta argues state demands for age verification are too burdensome, while New Mexico officials claim the company prioritises profit over child safety.
Meta has issued a formal warning that it may withdraw its apps, including Facebook, Instagram, and WhatsApp, from New Mexico if District Judge Bryan Biedscheid rules in favour of the state's Department of Justice demands. This threat was lodged in court filings ahead of an upcoming bench trial scheduled to begin next week. The company argues that implementing the state's specific requirements would be so broad and burdensome that it forces the company to shut down its apps entirely for New Mexico users.
The social media giant contends that building separate apps specifically for New Mexico residents does not make economic or engineering sense. In its unsealed filing, Meta asserts that the state lacks the authority to implement the desired changes and that doing so would violate free speech rights. The company further argues that replacing current age estimation methods with ID uploads and facial scans would likely result in lower accuracy due to user circumvention and real-world condition discrepancies.
New Mexico Attorney General Raúl Torrez has dismissed Meta's claims as a refusal to prioritise child safety. He stated that the company has the technical ability to make the changes but refuses to do so in favour of engagement, advertising revenue, and profit. Torrez described Meta's threat to pull the plug on its apps as a "PR stunt," noting that the company has the ability to make these changes but chooses not to.
The legal conflict stems from a jury verdict last month in Santa Fe, which held Meta liable for $375 million in damages for failing to protect child users from online predators. The upcoming bench trial will determine if Meta caused a public nuisance and must fund related state programs or implement changes such as age verification and removing predators. NM DOJ lawyers are arguing for platform changes including adding age verification, removing predators, and protecting minors from encrypted communications that shield bad actors.
Meta's response described the state's demands as forcing a shutdown of its services in the region if implemented. "It does not make economic or engineering sense for Meta to build separate apps just for New Mexico residents," the filing continued. The company also claimed that the state lacks the authority to implement its desired changes and that doing so would violate free speech.
While the second phase of the trial is set to commence next week, it remains unclear whether Meta will actually execute the threat to withdraw its apps if the judge rules against them. The statement is currently a conditional warning made in court filings, pending the District Judge's decision on the state's requests.
