New Mexico Sues Meta Over Failure to Protect Children from Online Exploitation

State prosecutors allege Meta's social media platforms enable predators to target minors for sexual abuse

Published on Feb. 9, 2026

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The state of New Mexico has filed a lawsuit against Meta, the parent company of Facebook, Instagram, and WhatsApp, accusing the tech giant of failing to protect children from sexual exploitation on its social media platforms. The trial, the first of its kind brought by state prosecutors, alleges that Meta has misrepresented the safety of its platforms and prioritized profits over user safety, especially for young users.

Why it matters

This case is part of a growing number of lawsuits across the country accusing major social media companies of not doing enough to shield children from harmful and exploitative content online. The outcome could challenge the tech industry's legal protections and force platforms to implement stricter safety measures.

The details

Prosecutors say they will present evidence that Meta was aware of hundreds of thousands of inappropriate interactions with minors on its platforms daily, yet failed to adequately track or address the problem. They allege Meta's algorithms were engineered to keep young people engaged, even when knowing they were at risk of sexual exploitation. Meta has pushed back, arguing it has disclosed the risks and made efforts to weed out harmful content, though some still gets through.

  • The trial began on February 10, 2026.
  • New Mexico Attorney General Raúl Torrez filed the lawsuit against Meta in 2023.

The players

Meta

The parent company of Facebook, Instagram, and WhatsApp, which is being sued by the state of New Mexico over allegations of failing to protect children from sexual exploitation on its social media platforms.

Raúl Torrez

The New Mexico Attorney General who filed the lawsuit against Meta in 2023 and is seeking changes to the company's age verification, content moderation, and algorithm practices.

Mark Zuckerberg

The CEO of Meta, who prosecutors say has emphasized profits over user safety, especially for young people.

Adam Mosseri

The head of Instagram, who prosecutors allege has prioritized growth and engagement over protecting children on the platform.

Arturo Bejar

A former engineering director at Facebook from 2009 to 2015 who is expected to testify about the company's knowledge of the effects its platforms have on teenagers and preteens.

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What they’re saying

“Meta clearly knew that youth safety was not its corporate priority ... that youth safety was less important than growth and engagement.”

— Donald Migliori, Prosecutor

“The state cannot win this case by showing there is bad content on Facebook and Instagram. You must 'instead focus on whether Meta disclosed risks to user. ... And the evidence will show that Meta did disclose that.”

— Kevin Huff, Meta Attorney

What’s next

It is unclear whether Meta CEO Mark Zuckerberg will testify in the trial, as New Mexico has limited ability to compel out-of-state witnesses to appear in person. Prosecutors have previewed a video deposition of Zuckerberg that may be used as evidence.

The takeaway

This case highlights the growing legal and public pressure on major social media companies to better protect children from exploitation and harmful content on their platforms. The outcome could set a precedent for how tech companies are held accountable for the safety and well-being of their young users.