"Social" Media and the Law

April 6, 2026

Robert Kent, Author and President, Kent Strategic Advisors, LLC 

Tom O'Connor, Publisher

A jury in New Mexico has found that Meta knowingly harmed children's mental health and concealed what it knew about child sexual exploitation on its social media platforms. Meanwhile, a California jury found Meta and YouTube liable for the impact of their products, especially on young folks.

These lawsuits highlight a new approach to try and hold social media companies liable for the impact of their business practices, as to this point, they have been shielded from liability by Section 230 of the US Communications Decency Act, which does not allow them to be held accountable for the content and material posted by their users.

In these lawsuits, the plaintiffs argued that the social media companies are responsible for creating and disseminating defective products designed to gain users' attention, then presenting content that harms their mental health, and failing to properly disclose the risks.

When I worked in the White House Office of National Drug Control Policy, we were engaged in several efforts to address the impact of social media on addiction. 

First, we were involved in unsuccessful efforts to repeal or significantly roll back the liability shield under Section 230. 

Second, we met with some of these companies to discuss how young folks used their platforms to buy pills, like Percocet and OxyContin, and the resulting loss of life. Our meetings were spurred by the stories we heard from families who told us about their teenage family members' use of social media to "meet" sellers of these pills. After the purchases were made, too many of these teenagers died because the pills also contained fentanyl, and because they did not have a tolerance for opioids, they lost their lives. 

The social media companies discussed their efforts to police their platforms and prevent such sales. They also mentioned that sales were not finalized on their platforms. They failed to acknowledge any possibility that the initial "meetings" may have occurred on their platforms.

All of us know that social media has played a role in what ails our country! I continue to use certain social media platforms because folks reach out to me with drug policy questions and also seek help for those that they love. If not for that, I would disconnect!

When businesses fail to act responsibly, the executive and legislative branches of government usually step in. They have failed here, and the courts will likely become the arbiters of their social responsibility! Let's hope so!

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Robert Kent, Esq, President, Kent Strategic Advisors, LLC, can be reached at https://www.kentstrategicadvisors.com/. Rob can also be reached at (518) 669-8596 and (571) 546-1680.

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