Digital and teenagers

Social, how Meta and Google's conviction will rewrite the rules

From the US verdict possible impacts on the Commission's investigation against TikTok and a boost to the Chat Control 2.0 vote

by Marisa Marraffino

4' min read

Translated by AI
Versione italiana

4' min read

Translated by AI
Versione italiana

There is a before and an after in the history ofsocial networks. The watershed is the sentence of 25 March by the Los Angeles Court in the case numbered JCCP 5255. The new rules were dictated by a 20-year-old girl, fictitiously named Kaley, assisted by lawyer Mark Lanier, who sued Meta and Google for anxiety, dysmorphism, and self-harm, engendered, according to the jury, by the endless scrolls on Instagram and YouTube she had been using since she was nine and six. The verdict came after nine days and forty hours in the jury room. The 12 jurors unanimously ordered the two web giants to pay a total of$3 million. 

TikTok and SnapChat had reached an agreement with the girl before the trial to avoid a possible unfavourable precedent. Meta and Google wanted to go to trial, trusting in a positive verdict that did not come. Mark (Lanier) versus Mark (Zuckerberg), as in the worst of fate's jokes for the Silicon Valley wizards who pushed profit logic to the extreme by underestimating users' reactions. But the ruling could trigger the domino effect all over the world.

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The effects outside the US

The disruptive dynamics of this pronouncement are reflected today on two fronts. On the one hand, the judicial and sanctioning one: the other cases already pending in the United States could have a similar verdict and others in a chain could open all over the world, while the control authorities are ready to intervene with million-dollar penalties.

On the other hand, socials will have to take cover (just on Friday, Google announced that it had blocked 8 billion malicious ads in 2025) to avoid a haemorrhaging of users and cascading penalties. The immediate game is all about the rapid introduction of credible systems of age verification and security measures to avoid endless scrolls and dangerous content. Meanwhile, however, the Los Angeles court for the first time lifted the curtain on years of ill-concealed truths.

Everyone knew, but no one intervened. The verdict is appealable, and for the defence of the two companies it does not capture the true nature of their services, but the acts will nevertheless remain in social history. For the first time, a causal link is established between the functioning of the algorithms and the 'infinite scroll'. The mechanism generates a mental loop referred to by neurologists as the 'rabbit hole effect', which makes it almost impossible to move away from the screen. It is an architecture designed by the engineering team to maximise user dwell time and, in turn, corporate profits. It seems everyone knew this but no one before now had managed to prove it. A trial that lasted only a few months, but which poured into the record internal emails, medical documentation, disturbing testimonies.

The verdict was unanimous and merciless: both Meta and Google knew - according to the jurors - of the problems they could cause the most fragile subjects and intentionally did not prevent it. Theresponsibility was split 70% for Meta (Instagram) and 30% for YouTube because the functioning of the two platforms is different. Instagram's mode of interaction, all based on repetitive videos and images, without pauses, with continuous suggestions based on preferences and notifications even at night, induced minors to stay glued to their screens to a greater extent.

European Union and Italia

The ruling could also influence the outcome of the investigation opened by the European Commission against TikTok, which ended with the conclusion on 6 February that the platform violates the Digital Services Act because its "design is addictive", due to elements such as infinite scrolling, autoplay, push notifications and customised recommendations. If confirmed, this could trigger afine of 6% of the platform's annual gross revenue.

In the meantime, similar lawsuits could also be filed in Italia. The legal lever is Article 54 of the Digital Services Act, which stipulates that users have the right to claim compensation from intermediary service providers 'for any damage or loss suffered as a result of a breach of the obligations under this regulation'. The rule, read in conjunction with Article 37, which requires platforms to implement all possible security measures to avoid "any current or foreseeable adverse effect in relation to the protection of public health and minors and serious adverse consequences for the physical and mental well-being of the person", could open the way for the first pilot lawsuits in Italia as well.

The ruling in New Mexico

The Californian verdict came a day after the one in New Mexico that had sentenced Meta to pay $375 million for failing to protect minors fromonline grooming. In this case, too, a merciless reality emerges: according to the jury, Meta knew that its users could be children and that they were also being contacted by predators, but it did not do everything possible to prevent this. The ruling could also change the general approach of the European Union, for instance by speeding up the final approval of the so-called Chat Control 2.0 regulation to combat online child abuse, and could also have an effect on Ai software producers. A class action is already underway against Grok for allowing the creation of sexualised images of minors without taking the necessary safety measures.

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