Meta's request to dismiss NM lawsuit denied

New Mexico Attorney General Raúl Torrez is applauding 1st Judicial District Judge Bryan Biedscheid's decision on Thursday to deny Meta's motion to dismiss the state's lawsuit.

"This pivotal decision represents a crucial step in moving the case forward and in holding social media giants accountable for the safety and well-being of children," Torrez said in a statement. "The judge’s decision is a historic victory for children and parents in New Mexico and across the country."

In December, the AG's office filed a suit against Meta Platforms Inc., the parent company of Facebook and Instagram, and the company’s founder and CEO, Mark Zuckerberg.

According to court documents, the complaint alleges that Meta tells the public that its social media platforms are "safe and good for children when they knowingly expose children to the dangers of sexual exploitation and mental health harm."

The judge denied the motion to dismiss in full, allowing the case to proceed through discovery, state Department of Justice spokeswoman Lauren Rodriguez said.

"The New Mexico Department of Justice prevailed on every ground in the motion, including consumer protection and public nuisance claims," she said.

Rodriguez said the court also denied Meta's claim of immunity under Section 230 of the Communications Decency Act, allowing the case to proceed despite Meta’s attempt "to use this as legal protection."

"For decades, Meta Platforms have prevented nearly every legal challenge against them from proceeding," Torrez said. "Today, the New Mexico Department of Justice brought that era to an end and is the first case by a state Attorney General to raise child sexual exploitation claims, which can now be addressed.