Litigation also tackles ‘compulsive technologies,’ unregulated content
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On Thursday, the Puerto Rico Department of Justice initiated a lawsuit against Instagram LLC and META Platforms Inc., the entities behind Instagram and Facebook, aiming to halt their harmful and misleading practices, alongside their addictive technologies and perilous content, which the lawsuit alleges inflict severe psychological harm and endanger the welfare and mental health of users, particularly minors on the island.
The companies assert that they maintain appropriate and effective measures to oversee their platforms and the content shared. Nonetheless, a thorough and detailed investigation conducted by the Department of Justice’s Office of Monopoly Affairs validated that this assertion is untrue, according to the lawsuit, and furthermore, they intentionally create their platforms aware that they provoke young individuals to suffer from heightened anxiety and depression. Additionally, the companies recognize that predatory adults reach out to minors via their platforms and have neglected to inform parents and adequately address this issue, according to the lawsuit.
The lawsuit claims that the scenario in Puerto Rico is even more dire, as the companies’ management of Spanish-language content is significantly lower than that of English-language content. This situation places children and youths on the island at a much greater risk of accessing content that endangers their wellness and mental health. Consequently, the Justice Department is calling for, among other demands, alterations in the business practices of both companies and compensation for the harm they have inflicted.
“The lawsuit represents a significant step in the execution of the Government of Puerto Rico’s policy designed to ensure social media companies adhere to all relevant legal standards, including maintaining fair competition methods and practices, avoiding the use of compulsive technologies, respecting the right to privacy, and protecting our minors from exposure to sexual or criminal content due to insufficient moderation controls,” stated Justice Secretary Domingo Emanuelli Hernández.
As the agency asserts in the lawsuit for an injunction and damages, the companies prey on the neurological susceptibilities of minors, guiding them towards excessive and compulsive usage of their platforms, recognizing that such actions contribute to a mental health crisis.
Reports sent to the Centers for Disease Control in Atlanta connect the excessive use of social media with harmful impacts such as depression, anxiety, and insomnia, alongside disruptions to young individuals’ education and daily activities. In 2021, amidst the coronavirus pandemic, over 36% of high school students on the island reported experiencing mental distress. Based on the findings from the Justice Department’s inquiry, it was determined that more than two million Puerto Ricans, constituting 60% of the population, actively use the social network Facebook, while over 75.9% of Instagram users are underage.
“Our objective is to uphold the rights of thousands of Puerto Ricans, especially our youth, against the deceptive commercial tactics practiced by these social media companies that have drastically transformed the social and psychological landscape for this generation through the excessive exploitation of potent technologies that exploit consumers for financial gain,” Emanuelli Hernández expressed.
