Why a judge just called Meta a factory

For years people have said that if we just had more self-control, were better parents, and set clearer boundaries, everything would be okay. They told us to be stricter, but also more relaxed, and to find a balance between the two. This way of thinking puts all the blame on the parents. It’s always been yy assumption that big tech companies are trying to shift the responsibility away from themselves and onto parents. They want us to feel guilty for not being good enough parents, so we’re left standing in our kitchens at 9 p.m., wondering what we’re doing wrong. But there’s a different way to look at this problem. A judge in New Mexico showed us that it’s not just about personal responsibility. He came up with a new way to describe Meta, the company that owns Facebook and Instagram. Instead of just calling them apps or social media platforms, he used a different word: “factory”. This is a pretty interesting choice of words. Judge Biedscheid also talked about the negative effects that these apps can have on people, like anxiety, sleeplessness, and getting caught up in their own worst thoughts. He called these effects “pollution”. The total amount ordered by the court is a staggering $942 million, which is the largest penalty ever given to a social media company for child safety issues. No doubt Meta will stall in appeals for years and years as it will be cheaper... The first part is $375 million, the civil penalty that was decided by a jury, something I wrote about a few months ago. The more important part is the new $565 million abatement fund. Meta makes $942 million in just about 5 days, which is a staggering amount.

The word “abatement” is a term used in environmental law, where a company that has polluted the environment is made to pay for the damage they have caused, like when they have contaminated water.

This fund is specifically set up to fix the problems that have already been caused and to pay for the harm that has been done to the young people in New Mexico. The Judge in this case gave us the gift of two perfect descriptions when he used “factory” and “pollution”. You wouldn’t tell a family who lives near a polluting factory that their child’s cough is just a matter of discipline. That wouldn’t make sense. So, why do we accept that kind of thinking when it comes to social media and screen time?

I also seriously hope there will be a directive by the state of New Mexico that schools and sports clubs must stop posting images of kids under 18yrs on Meta platforms as well because of the harms it could cause them. If they don’t....well let's just say that kind of hypocrisy hurts my brain.

It’s time to stop blaming ourselves and start looking at the bigger picture.We need to recognise that there are things outside of our parenting control that can affect our lives and our children’s lives. By changing the way we think about these problems, we can start to find real solutions, rather than just feeling guilty and helpless.

What’s really going on is that the news is only showing us part of the story - they’re giving us a number, and yes, it’s a big deal, but there’s so much more to it than that. To really get it, we need to look at everything else that’s happening, not just the headlines.The judge has attempted to make sure Meta can’t just brush off the design changes that he ordered, as they are very specific and enforceable. These changes will affect how Facebook and Instagram work for all users under 18 in New Mexico.

So, here it is in simple terms. To be frank it is a list that I wish was enforced 17 years ago. It’s interesting to note that these changes are now a reality, and they will have a significant impact on how young people use social media in New Mexico. The fact that Meta makes so much money in such a short time frame is a testament to the power of social media, but it’s also important to consider the potential effects of these changes on the company’s business model.

Nevertheless, the judge’s orders are clear, and Facebook and Instagram will have to adapt to these new rules, which will likely have far-reaching consequences for users in New Mexico.

1. No more than 90 hours a month Total across Facebook and Instagram combined for under-18s.
   

2. No notifications are to come through overnight. That’s nothing between 10 pm and 7 pm aimed at stopping the phone from pulling at them while they should be sleeping.
   

3. They need to make sure young people are not getting any notifications during school hours, so from 8 am to 3 pm, allowing the classroom to regain their attention.
   

4. Like counts are hidden by default.
   

5. Accounts should be set to private by default. This means that Instagram accounts for people under 18 should not be open for the whole world to see, but rather closed to everyone except the people they choose to share with.

   
   

6. By default, kids have limited access to friend people on Facebook, and their accounts are set up to restrict who can connect with them.
   

7. This means there are real limits on unknown adults being able to message kids, so strangers are kept away from the start.
   

8. They need to make sure kids can see important safety information every day. This should be easy to find, not hidden away in a settings menu that they might never look at.
   

9. Parents still have control over this. A kid can’t just change the settings without a parent’s okay. To make any changes, a parent will need to enter a special password that only they know. This way, parents can still decide what’s best for their child.
   

10. They need to create a way to figure out if someone is under 13 years old, and they have to do it within two years. Meta has to try to build a system that can guess a user’s age based on how they act online, not by asking them to upload any ID. This is called age inference, and in my opinion, the age limit should be higher. It’s not just about when kids are old enough to use the platform, it’s about when they’re old enough to think carefully about what they’re sharing with the platform and how the platform might use that information against them in the future. We should be thinking about when kids can really understand what’s going on and make smart decisions about their online presence.
    

The court’s decision was not entirely in the State’s favour, as the judge refused to make some key changes to the algorithm, such as disabling infinite scroll and autoplay, which are major drivers of addiction. Despite this, the ruling is still a significant step forward, as it addresses many of the issues we’ve been pushing for.Meta has already announced plans to appeal, which is no surprise, given the massive financial stakes involved. It’s likely that their legal team will try to drag out the process for as long as possible to avoid paying hefty sums. While this victory is important, it’s essential to remember that it’s just one battle in a larger war, and we need to continue fighting for meaningful change. The fact that a judge in one US state has ordered these changes is a promising sign, and we hope that other states and countries will follow suit. At the same time we must remain vigilant and keep pushing for more comprehensive reforms.

In about 10 days, on August 18, a much bigger trial is set to start in Oakland, California. This time, a group of nearly 30 state attorneys general are teaming up to take on Meta. New Mexico was just the beginning - it’s definitely not going to be the only one. For a change, we don’t have to be the ones to prove that something is wrong. The courts are now taking care of that for us, and they’re doing it in a very public way, with everything on the record, and in a way that’s easy for anyone to understand. The jury will be able to see everything clearly, and that’s a big deal.

So here’s what I’d like you to take from this into the ordinary, and extra-extraordinary conversations you’ll have with your own child, probably sometime this week.

Use the factory conversation. The analogy using that word is powerful, and we should use it.

You can say something like: there’s a reason you’ll find lights up at 10:47 on a Saturday night; it isn’t your friends, it’s the social media content factory.

Being a parent in today’s digital world can be a really lonely experience. It feels like everything is changing all the time, and it’s hard to keep up. Sometimes, you might feel like you’re the only one who’s worried about the impact it’s having on your kids. You might even think you’re being too sensitive or that you’re the only one who sees the problems. But the truth is, you’re not alone. There are plenty of other parents out there who are just as concerned as you are. They’re standing right next to you, looking at the same things, and smelling the same smoke.This week, a judge finally spoke up and acknowledged the issues we’ve been seeing for years. It’s a big deal, not because it means all our problems are solved, but because it means we’re not crazy for thinking something is wrong. It takes a lot of courage to keep talking about these issues and to keep pushing for change. And it’s a huge relief to know that we’re not just imagining things.As parents, we have a lot of power to make a difference, and now we have a little more validation to back us up. So, let’s keep having these conversations, let’s keep educating ourselves and others, and let’s keep fighting for what’s best for our kids. We’re not alone, and together, we can make a real difference.