When social media began dominating the internet two decades ago, it was celebrated as a revolutionary technology that would bridge divides and enhance information accessibility.
Currently, major companies such as Meta, which owns Facebook and Instagram, Google, owner of YouTube, Snapchat, as well as newer platforms like TikTok, Discord, and the social gaming platform Roblox, face thousands of lawsuits in the United States. These lawsuits allege that these platforms have caused harm to users, particularly children.
The collective outcomes of these cases, whether resolved through settlements or jury verdicts against the companies, have the potential to fundamentally alter how social media platforms operate.
"It's created a stage that not only legal observers are watching, but regulators and lawmakers are watching closely as well," said Eric Talley, a lawyer and professor at Columbia Law School.
Talley highlighted that this surge of lawsuits is influencing public perception and is likely to affect political elections over the coming years, shaping new and revised legislation and regulations.
Many of these cases are proceeding through courts in California, where the headquarters of all major social platforms are located. This phenomenon, known as the "California effect," often results in legal and policy changes in the state that lead to nationwide reforms.
"There's no denying anymore that there is an issue with child safety on the platforms," stated Alexis Shore Ingber, a communications law expert and professor at Syracuse University. "We are seeing an inflection point. These cases are significant."
Earlier this year, Meta and YouTube experienced an unprecedented loss in a case filed by a young woman who claimed childhood addiction to social media contributed to her mental and emotional health challenges. A jury ordered the companies to pay her a combined $6 million (£4.5 million) in damages. Both companies expressed disagreement with the verdict and announced intentions to appeal.
Meta also lost a significant case in New Mexico, initiated by the state's attorney general, accusing the company of misleading the public regarding the safety of its platforms for children, despite known issues of sexual exploitation of young users. Meta plans to appeal this verdict as well.
During the period these lawsuits were filed and adjudicated, Meta implemented changes aimed at improving safety for young users on its platforms.
However, broader modifications to platform design, functionality, and access are expected to take several more years and additional court rulings against these companies.
Between this year and the next, Meta and other major social media companies are preparing to face multiple trials. These cases involve claims from young users, their parents, school districts, and state attorneys alleging various harms caused by the platforms' design and operation.
Even a billionaire is ready to take Meta to trial over its hosting of advertisements that allegedly defraud individuals.
The BBC reviewed numerous cases in the US to identify a select group of lawsuits against social media and social gaming companies that are scheduled for trial within the next year and could significantly impact the platforms' businesses and operations.
According to Adam J. Schwartz, a lawyer and founder of an online document review tool, these lawsuits "are the bellwether cases that will set the tone and tenor for shaping the law in the future."
Social Media Adolescent Addiction MDL
This extensive multidistrict litigation (MDL) in California includes allegations from over 1,000 school districts across the United States.
Broadly, the schools accuse Instagram, YouTube, Snapchat, and TikTok of being intentionally designed to be addictive, which they claim has harmed children mentally and emotionally due to excessive platform use.
The schools argue that addressing the negative effects of social media has imposed financial and resource burdens on them. They seek to have the platforms declared a "public nuisance" and held liable for impacting children's well-being.
Although a jury trial for certain claims from the school districts is scheduled to begin in February, recent settlements with a school district that was to be the first trial may extend the resolution of all cases by a couple more years.
If court decisions go against the platforms, it could lead to changes in how platforms display user engagement and regulate user access.
A YouTube spokesman stated: "The allegations in these complaints are simply not true."
A Snapchat spokeswoman said: "We fundamentally disagree with the allegations - we do not target schools."
Meta declined to comment, and TikTok did not respond to requests for comment.
People of the State of California v. Meta
In 2023, attorneys general from California and Colorado led a coalition of 29 states in filing a lawsuit against Meta and Instagram, with a trial set for August.
Although this case is before the same judge as the MDL in California, the states accuse Meta alone of violating the Children's Online Privacy Protection Act (COPPA), a federal law enacted in 2000 to protect children under 13 from being targeted by online businesses.
Meta has already provided more than 2 million documents in this case, according to court records.
If the states succeed, they demand that Meta better prevent users under 13 from accessing its platforms and remove previously collected data from underage users, among other changes.
Meta uses this data for purposes such as ad targeting and training its artificial intelligence (AI) models and tools.
A Meta spokesman declined to comment.
John Doe, a minor v. Roblox et al
This lawsuit against Roblox and Discord was filed by a 13-year-old boy in state court in San Mateo, California. The boy alleges he was groomed and solicited by an adult sexual predator through both platforms. The predator was subsequently arrested for crimes against more than two dozen children.
The lawsuit claims that both platforms were defectively designed and engaged in false marketing regarding safety for young users, and thus should be held liable for the harm suffered by John Doe.
Roblox, a gaming-focused platform with social media features, and Discord sought to move the case to arbitration, a private legal process outside the court system. The court denied this request, but the case is currently on hold pending the companies' appeal.
If Roblox and Discord lose their appeals, the case could proceed to trial later this year. A verdict against the platforms may result in changes to age-gating and restrictions on interactions between strangers and young users via messages and chat spaces.
A Discord spokeswoman declined to comment. A Roblox representative did not respond to requests for comment.
Forrest v. Meta
Not all lawsuits against social media platforms concern harm to children.
Dr. Andrew Forrest, an Australian billionaire, sued Meta in California in 2022, alleging the company failed to combat scam advertisements that tricked Australians into fake investments. These ads allegedly proliferated on Facebook using his name and likeness.
The claims include misuse of Forrest's image and unjust enrichment, as Meta profits from advertisements on its platform regardless of their intent or outcome. This lawsuit could be highly significant.
Forrest is asking the court to rule that Section 230 of the Communications Decency Act cannot be used by Meta as a defense. Meta argues it is protected by Section 230.
Enacted in 1996, Section 230 provides legal immunity to platforms for content posted by users.
If the court sides with Forrest, it could overturn decades of legal defenses used by online platforms.
A Meta spokesman declined to comment.
