B.C. lawsuit accuses Meta of harming the mental health of kids

Social media giant Meta is defending itself against allegations in a B.C. lawsuit that it knowingly exposed children to content that is harmful to their mental health.

The plaintiff, a B.C. woman born in 2003, makes the arguments in a proposed class-action lawsuit against the company that owns Facebook and Instagram. Procedural arguments in the case were heard in B.C. Supreme Court earlier this week.

Meta denies the allegations in its statement of response, arguing the claim should be dismissed. None of the allegations have been proven in court.

The lawsuit accuses Meta, through its Facebook and Instagram platforms, of exposing children to “harmful content,” such as images and videos promoting “high-risk behaviour, such as risky challenges or extreme dieting, as well as health misinformation and content which caused or aggravated psychological insecurities, including anxiety about body image.”

As children’s brains are not fully developed in areas related to risk evaluation, emotional regulation and impulse control, they’re more likely to suffer harm as a result of viewing such content, the statement of claim says.

It goes on to argue documents leaked by Facebook whistleblower Frances Haugen in 2021 show individuals at the companies were aware social media use could have negative mental health effects, especially for teenage girls.

“Defendants were aware that displaying the harmful content to children — particularly repeatedly and for prolonged periods — caused and exacerbated serious mental health conditions, including eating disorders, depression, anxiety, self-harm and suicidal ideation or attempts.”

Similar lawsuits have been filed in multiple U.S. states including California, where a Los Angeles jury heard opening arguments earlier this week.

The B.C. plaintiff, who is referred to as A.B., acquired an Instagram account at age 12 or 13, according to the statement of claim.

She found it difficult to stop viewing content that made her feel worse about herself and her body, which led to social media addiction, anxiety, depression, an eating disorder, suicidal ideation and other mental health disorders, the statement of claim says.

The plaintiff would not have acquired a Facebook or Instagram account had Meta not failed to implement effective age-verification protocols or informed her or her parents of the risks, the statement of claim adds.

Meta argues in its response that Facebook and Instagram are services, not products, and that “expanding product liability law to cover these services would exceed its recognized limits.”

The company also argues the content alleged to be harmful is produced by third parties and the company is not liable for “the actions, conduct or content of third parties.”

Users agree to the terms of service and anyone who discloses that they are under 13 is not allowed to sign up, the response says.

“Just as movie theatres, radio stations and libraries are not broadly liable for harms caused by the third-party content they present, the same goes for social media services.”

The B.C. plaintiff brings the action “on behalf of all persons resident in Canada who were under the age of majority when they acquired and used a Facebook or Instagram account.”

The court will schedule a certification hearing to determine whether the case proceeds as a class action at a later date.