However, Kuhl ruled that platforms will have the opportunity to counter experts’ opinions at trial, while reminding social media companies that “ultimately, the critical question of causation is one that must be determined by the jury.” Only one expert’s testimony was excluded, Social Media Victims Law Center noted, a licensed clinical psychologist deemed unqualified.
“Testimony by Bagot as to design features that were employed on TikTok as well as on other social media platforms is directly relevant to the question of whether those design features cause the type of harms allegedly suffered by K.G.M. here,” Kuhl wrote.
That means that a jury will get a chance to weigh Bagot’s opinion that “social media overuse and addiction causes or plays a substantial role in causing or exacerbating psychopathological harms in children and youth, including depression, anxiety and eating disorders, as well as internalizing and externalizing psychopathological symptoms.”
The jury will also consider the insights and information Bejar (a fact witness and former consultant for the company) will share about Meta’s internal safety studies. That includes hearing about “his personal knowledge and experience related to how design defects on Meta’s platforms can cause harm to minors (e.g., age verification, reporting processes, beauty filters, public like counts, infinite scroll, default settings, private messages, reels, ephemeral content, and connecting children with adult strangers),” as well as “harms associated with Meta’s platforms including addiction/problematic use, anxiety, depression, eating disorders, body dysmorphia, suicidality, self-harm, and sexualization.”
If K.G.M. can convince the jury that she was not harmed by platforms’ failure to remove content but by companies “designing their platforms to addict kids” and “developing algorithms that show kids not what they want to see but what they cannot look away from,” Bergman thinks her case could become a “data point” for “settling similar cases en masse,” he told Barrons.
“She is very typical of so many children in the United States—the harms that they’ve sustained and the way their lives have been altered by the deliberate design decisions of the social media companies,” Bergman told the Post.
