By ZACH LAIRD, InDepthNH.org
CONCORD — Gov. Kelly Ayotte and Attorney General John M. Formella announced on Wednesday that New Hampshire will receive up to $224 million as part of a major settlement with Meta Platforms, Inc. over litigation alleging it negatively impacted the mental health of children.
The company, which owns platforms like Facebook and Instagram, has reached a $17.1 billion multi-state settlement.
Formella took some time to give background on the matter, explaining it began in 2021 with a bipartisan investigation of almost every attorney general in the country.
He said after two years of investigating social media platforms — and seeing how their products aim to addict then harm kids — the attorneys general took action. He noted after the investigation, 30 states filed a multi-state action in California.
But Formella also said that “In New Hampshire, we did it the New Hampshire way. In New Hampshire, we have led on this effort; we filed our own lawsuit in New Hampshire State Court. A number of other states did the same, and we’ve been litigating this case for almost three years.”
According to Formella, 70% of the $224 million is guaranteed for New Hampshire, while the other 30% is contingent on getting other key industry players (such as Snapchat, TikTok and Youtube) to implement similar restrictions. He said the first payment will come 30 days after they file their consent judgment, and that the remaining payments will be made each year on Jan. 15.
“This is a historic settlement, a settlement that will make a very big difference in helping children and holding the tech platforms — in particular Meta — but (also) the others accountable as we go forward for what they have done in terms of harming children,” Ayotte said.
The settlement terms have been agreed to by the parties but remain subject to approval by the court, according to a press release from Ayotte’s office.
Ayotte continued that platforms like Instagram and TikTok used their algorithms and online presence “to the detriment of a generation of children.”
According to a report from the Depression and Bipolar Support Alliance, TikTok dominates youth culture and attracts more than one billion users worldwide, half of which are 10 to 29 years old. It added that per data from the World Health Organization from 2021, one in seven adolescents ages 10 to 19 struggled with mental health challenges.
Ayotte said they’re also going to look at what actions they can take legally to protect children from what’s being shown to them online and what they have access to on those various platforms.
“The Attorney General (Formella) and I have already spoken about it. We think it’s very important that this settlement be focused on improving children’s mental health here in New Hampshire; that we focus it on education and helping parents support in terms of how they interact with tech platforms for children,” Ayotte said.
Formella said the lawsuit claims that Meta designed its platforms with addictive features that were designed to get kids to spend more and more time on their platforms. The next is that these addictive features did “significant harm” to the mental health of New Hampshire’s kids, and that “Meta misled the public about the risks of its platforms and the features on its platforms that harm New Hampshire’s kids.”
He said their case was a separate trial slated for January 2027 and that Meta is currently facing several trials, with more lined up over the next two years. He added the situation they found themselves in after extreme litigation was that Meta’s attempts to dismiss these cases were denied.
“Meta finally came to the table, engaged in negotiations in a productive way, and that’s what led to this settlement. This settlement is a meaningful step forward,” Formella said.
He elaborated on some of the changes that the platforms (Facebook and Instagram) will have to make going forward. Meta will have to institute a daily time limit for teen users (ages 13-17) of two hours, with mandatory breaks at 60 minutes and 90 minutes “to encourage kids to limit their time on the platform.” There will also be a default nighttime block from midnight to 6 a.m.”
The settlement was designed with the principle in mind that they’re aiming to get other platforms on board to make these changes. If they can manage to get other platforms like Youtube and Snapchat on board with the initiative, then the nighttime block will extend from 10 p.m. to 7 a.m. Meta will also have to implement “much stronger” age verification procedures.
He also explained that Meta would have to comply with most of the terms and changes within six months, though he said there are a couple terms that have shorter timespans.
Formella also took a second to thank the work of his team: Assistant Attorney Generals Amanda Purcell, Mary Stewart, Laurie Young; and Kevin Scura; Senior Assistant Attorney General Brandon Garod.
While Formella said there are no specifics currently planned for how New Hampshire will use the funds from the settlement, Ayotte noted she will be working with Formella to make sure they’re focusing on the core of why they received the settlement, which she explained boils down to the impact these platforms have on children’s mental health.