Nick Carter offers insights in news article on Instagram addiction suit before SJC
In a Law360 news article, Nick Carter provided insights on the viability of a lawsuit filed by the Massachusetts Attorney General that claims Meta Platforms Inc. illegally hooks adolescents on Instagram.
The suit alleges Meta has violated the state’s consumer protection statute by deploying features such as infinite scrolling, autoplay, ephemeral postings, and incessant notifications to boost advertising revenue through heightened engagement from minors.
The Massachusetts Supreme Judicial Court is reviewing a state Superior Court decision rejecting Meta's arguments that Section 230 of the federal Communications Decency Act and the First Amendment provide separate grounds for dismissing the lawsuit.
Mr. Carter told Law360 that Meta may find it difficult to overturn Superior Court Judge Peter B. Krupp's finding that the commonwealth’s complaint avoids Section 230 by focusing on Meta's actual conduct rather than anything that might have been posted on its site.
"A media company can put their content on the newsstand on the corner and let people come and get it without any violation of law," Mr. Carter said. "But if they come knocking at a teenager's window periodically, day and night, to see if the teenager is interested in a story, or they run an autoplay 24/7 of news outside the teenager's window, the nature of publication becomes potentially actionable."
Characterizing the complaint as "well done" and "cleverly alleged,” Mr. Carter observed that the AG’s reliance on the state consumer protection statute strengthens the case because the SJC views the law "broadly where the Attorney General is looking to protect public health."
A partner at the firm, Mr. Carter’s wide ranging litigation practice includes business disputes and First Amendment issues.