Social Media on Trial: The Legal Battle That Is Shaping Digital Responsibility

Social media platforms significantly influence our daily lives, whether we like it or not. They connect us, entertain us, and inform us. But beneath the seemingly harmless facade, a growing concern simmers: are these platforms harming our mental well-being, especially our younger users?

This concern has morphed into a legal firestorm, with a rising tide of lawsuits targeting social media giants like Meta Platforms (Facebook and Instagram), Snap Inc. (Snapchat), ByteDance (TikTok), and Google (YouTube).

The Core of the Issue: Addiction and Mental Health

The lawsuits revolve around a key argument: social media platforms are intentionally designed to be addictive, with the key priority being user engagement and not user well-being.

They achieve this through algorithms that curate content specifically tailored to keep users glued to their screens. This constant barrage of often unrealistic portrayals, coupled with a relentless pursuit of likes and followers, is alleged to have detrimental effects on mental health, particularly for adolescents.

The lawsuits claim these negative impacts can manifest in various ways, including:

• Increased anxiety and depression: Social media can create a distorted view of reality, fueling feelings of inadequacy.
• Eating disorders: Constant exposure to unrealistic body image portrayals on social media can exacerbate body image issues and trigger eating disorders.
• Cyberbullying: The ability to stay anonymous and the convenience of online communication can empower bullies, resulting in severe consequences for victims.
• Self-harm and Suicidal Ideation: For those who are vulnerable, social media’s negativity can lead to self-harm and even thoughts of suicide.

Companies like Snapchat are trying to redefine their outlook. Because of the negative publicity these lawsuits are bringing in, they are aiming to differentiate themselves from other platforms. Their latest campaigns promote the platform as an "antidote" to other social media; which is also emphasized by Colleen DeCourcy, the Chief Creative and Marketing Officer, who goes on to say, "We’re not social media; we’re Snapchat."

It is interesting to know why the company is being implicated in the Snapchat lawsuit. Some of Snapchat's unique features that are not available on other platforms include messages that can be automatically deleted, geolocation functionality, and the My Eyes Only privacy feature. These features make illegal activities more difficult to trace and are particularly appealing to drug dealers.

Laura Berman, a well-known television personality, and her husband Sam Chapman lost their 16-year-old son Sammy to a drug overdose in 2021. Sammy, a high school junior, overdosed on a fentanyl-laced pill that he reportedly obtained from someone he connected with on Snapchat.

The existing lawsuits claim that Snap's involvement in illegal drug sales to teens was a foreseeable consequence of the company's design, structure, and policy choices. These choices were made with commercial interests in mind, aiming to boost revenue, according to court filings from the Social Media Victims Law Center, which represents the affected families.

The Legal Landscape: Navigating a Complex Web

Social media companies are fiercely contesting these allegations by referencing Section 230 of the Communications Decency Act. It is a law that protects them from liability for the content that is user-posted.

However, the lawsuits counter this by arguing that social media companies go beyond mere platforms. They actively design features and algorithms that exploit psychological vulnerabilities, particularly in younger users, to maximize engagement. This manipulative design, they argue, transcends mere hosting of content and should be held accountable.

As per TorHoerman law, companies are very aware of the negative mental health effects they have on their users and are therefore potentially liable for the young users who have suffered.

Current Legal Standings (as of May 15, 2024):

• Multidistrict Litigation (MDL): Over 455 social media lawsuits are currently consolidated under one judge in California (MDL No. 3047). MDLs streamline the legal process and allow for organized and consistent rulings.
• Challenges to Dismissal: Social media companies have filed motions to dismiss these lawsuits, citing Section 230 and the First Amendment. The fate of these motions will significantly impact the future trajectory of these cases.
• Mounting Pressure: Notably, in August 2023, over 40 states sued Meta Platforms over the alleged harms inflicted on children by Facebook and Instagram. Additionally, in March 2024, school districts in California urged a judge not to dismiss their lawsuits, highlighting the disruption social media addiction causes in schools.
• No Settlements or Verdicts Yet: As of May 2024, there have been no court-approved settlements or jury verdicts in any of the social media lawsuits.

The Road Ahead: Unanswered Questions and Potential Impact

The outcome of these lawsuits could fundamentally alter how social media functions. Here are several crucial questions that still lack answers:

• Will Section 230 hold? The interpretation of Section 230 will be crucial. If the courts find social media companies' design practices fall outside its protections, it could open them up to widespread liability.
• Can social media platforms be regulated? These lawsuits may pave the way for stricter regulations on social media platforms, requiring them to prioritize user well-being and implement stronger safeguards, especially for younger users.
• What about individual responsibility? The lawsuits bring forth a multifaceted question: to what extent are users accountable for their social media consumption? This could spark conversations about media literacy and promoting responsible social media behaviors.

FAQs

What is the NYC lawsuit about social media?

The schools and public hospital system in New York City filed a lawsuit against the companies behind these social media platforms: Instagram, Facebook, Snapchat, TikTok, and YouTube. The lawsuit accuses these platforms of being "addictive and dangerous," contributing to a mental health crisis among children that is negatively impacting education and straining resources.

Why are social media platforms being sued?

The lawsuits claim that social media companies have created highly addictive products detrimental to mental health and targeted these products at youth, who are particularly vulnerable to manipulation due to their developmental stage. Critics argue that these practices have exacerbated the mental health crisis in schools, forcing districts to allocate significant resources to address the issue. The lawsuits seek financial compensation and demand changes to the companies' practices, including the design of their algorithms.

What is the drug lawsuit related to Snapchat about?

A mother has filed a lawsuit against Snapchat, claiming the social media platform played a role in her 20-year-old daughter’s death from a fentanyl overdose, as reported by 8 News Now Investigators. Avianna “Avi” Cavanaugh passed away in March 2021 due to fentanyl poisoning, with police confirming the presence of fentanyl and other substances in her system. The lawsuit highlights the issue of drug cartels producing illegal fentanyl, a synthetic opioid significantly more potent than morphine, and mixing it with other drugs. The federal government and the lawsuit point out that dealers frequently use social media platforms to sell these dangerous products.

One can only wonder if the social media addiction lawsuits will be successful or not.

Lawsuits aiming to hold social media companies responsible for addiction-related harm are groundbreaking and largely unprecedented. No case has been settled yet. These lawsuits present novel tort claims, posing significant challenges for the plaintiffs.

A major obstacle in these cases is proving causation. Plaintiffs must scientifically demonstrate that a physical addiction to the platform existed. While studies on social media addiction exist, their admissibility in court remains uncertain due to potential academic scrutiny. Additionally, plaintiffs must establish that the addiction "more likely than not" caused the physical harm suffered by the individual. In cases involving suicide, proving this causation could be particularly challenging.

The rise of social media lawsuits signifies a growing public concern about the potential harm these platforms can inflict. While social media offers undeniable benefits, striking a balance between user engagement and user well-being is crucial. The outcome of these lawsuits will be closely watched, potentially shaping the future of social media and its impact on our lives, particularly the well-being of our youth.