From Politico’s report, it seems that the involved lawyers are utilizing a novel, but actually logical legal theory, that involves proving that social media platforms are defective products, because an unwanted consequence of their usage is addictive behavior.
If the legal team convinces the court that this indeed is the case, then social media platforms would fall under product liability law. Such an outcome would become a precedent that impacts how social media is upkept and used in the future.
Instagram’s popularity has made it a prime target for legal accusations such as this.
Meta hasn’t responded to these allegations yet. However, its CEO, Mark Zuckerberg — infamous Facebook creator — has gone on record, saying that he is open to any constructive feedback (or new regulations) that Congress might have for the company.
That being said, applying product liability law to an algorithm is a relatively brave endeavor, as in court, a product is usually something more tangible, like a washing machine or a motorbike. Social media companies are also protected by the thesis that the content they present isn’t really theirs, but something that users upload, and therefore shouldn’t be used against them legally. But what about how that content is curated and presented? Hmm.
Regardless, this is just the latest development in the battle for regulating social platforms. The impact that they’ve had on younger generations is just now becoming apparent, and if further regulation can help improve mental health for everyone, it’s probably the right call to make.