Snap to dismiss child safety lawsuit filed by New Mexico
Snap submitted a motion on Thursday to dismiss a lawsuit filed by New Mexico, which accuses the company of facilitating child sexual exploitation through its messaging platform, Snapchat. The company contends that the allegations stem from inaccuracies in the state’s investigation. This case was brought forth by New Mexico Attorney General Raul Torrez in September and is part of a broader movement among U.S. lawmakers aimed at holding technology companies accountable for any harm that may come to minors using their services.
In a January appearance, U.S. senators questioned the CEOs of several tech companies, including Snap, TikTok, Meta Platforms, Discord, and X, regarding their alleged failure to safeguard children against abuse and “sextortion.” Sextortion is a form of coercion where predators manipulate minors into sharing explicit content.
As part of its investigation, New Mexico set up a decoy Snapchat account pretending to be a 14-year-old girl. Investigators reported that, despite the account not adding friends, it soon received friend suggestions from Snapchat affiliated with users with explicit usernames. In response, Snap claimed in its legal filing that these allegations were “patently false.” The company argued that the decoy account had actively sent numerous friend requests to selected users, which contradicted the state’s assertions.
Furthermore, New Mexico’s lawsuit accused Snap of neglecting to inform children and their parents about the risks of sextortion on Snapchat. In its defense, Snap argued that such claims violate the First Amendment, as it should not be compelled to make statements regarding potential hazards. Snap maintained that requiring it to make subjective assessments about risk and disclose them could expose the company to liability without clear guidelines on how to proceed in the future.
Snap also pointed out that the lawsuit infringes upon Section 230 of a 1996 law, which shields online platforms from civil liability concerning content generated by users and third parties. In the filing, Snap emphasized its commitment to safety, highlighting that it has not only increased its independent safety initiatives but also strengthened its collaborations with local, state, and federal law enforcement agencies, including those in New Mexico. Snap clarified that since 2020, it has doubled the size of its trust and safety team and tripled its law enforcement operations team.
In summary, Snap Inc.’s legal challenge to the New Mexico lawsuit reflects its assertion that the state’s claims are based on false premises and mischaracterizations of its platform’s operations. The company seeks to defend its position by invoking First Amendment protections and arguing the applicability of Section 230, all while reaffirming its commitment to enhancing safety measures in coordination with law enforcement. As discussions surrounding the responsibility of tech companies for the protection of minors continue, Snap’s stance highlights the complexities and legal ramifications of these issues as regulators seek more accountability in the digital landscape.