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Zuckerberg Grilled on Instagram Use by Children Under 13 in Landmark Trial

by Omar El Sayed - World Editor

Mark Zuckerberg, CEO of Meta Platforms, faced intense questioning Wednesday regarding the presence of underage users on Instagram, as a landmark trial examining the potential addictive nature of social media continued in Los Angeles Superior Court. Zuckerberg testified that enforcing the platform’s age restrictions is a “very challenging” task, acknowledging that a “meaningful number” of users likely misrepresent their age upon signing up.

The trial centers on allegations that Instagram contributed to the mental health struggles of Kaley G.M., now 20, who began using the platform as a child. Zuckerberg’s testimony followed that of Instagram head Adam Mosseri last week, where Mosseri asserted that social media addiction is distinct from clinical addiction. The case is being closely watched as a potential turning point for the social media industry, likened by some to the “Big Tobacco” moment for that sector, with implications for numerous ongoing lawsuits.

During questioning, Zuckerberg explained Meta’s approach to age verification, stating the company introduced “proactive tools” to identify and remove accounts violating its policies. He conceded that debates occurred within Meta regarding the privacy implications of requiring users to provide their date of birth, a practice the company ultimately adopted. “I think we got to the right place over time,” he said, adding, “I always wish we could have gotten there sooner.”

Lawyers for Kaley G.M. Pressed Zuckerberg on the issue of younger users, specifically highlighting that she had an Instagram account at age nine. “You expect the nine-year-old to read all of the fine print?” the lawyer asked, according to reports from the courtroom. Meta maintains that age verification is primarily the responsibility of Apple and Google, the operators of the dominant mobile app stores, arguing they should be responsible for age-gating access to certain applications.

The trial too brought to light internal Meta documents, including a 2015 memo where Zuckerberg outlined goals to “reverse the teen trend” and increase time spent on the platform by 12 percent. Further documents revealed strategies to “optimise” Meta’s networks for younger users amid declining teen engagement on Facebook. These revelations followed testimony from Mosseri regarding the company’s decision to reinstate photo filters replicating cosmetic surgery, despite internal concerns about potential harm.

Zuckerberg’s appearance in court marks the first time he has testified in a U.S. Courtroom regarding Instagram’s impact on young users. The outcome of this case could have significant financial and legal consequences for Meta, potentially weakening the legal protections afforded to social media companies against claims of user harm. Similar lawsuits targeting TikTok and Snap have already been settled confidentially with the same legal team representing Kaley G.M., the Social Media Victims Law Centre.

The trial is expected to continue through the end of March. Zuckerberg previously apologized to families of children harmed by sexual exploitation on social media platforms during a congressional hearing in January 2024. Meta has since implemented changes aimed at improving privacy settings for teen users, including the introduction of “teen accounts” with restricted content and default settings to “PG-13” for users under 18.

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