LOS ANGELES (CNS) – A judge is mulling motions by YouTube and Meta, the parent company of Facebook and Instagram, for a new trial or judgment notwithstanding the verdict after both were found liable earlier this year in a landmark lawsuit accusing the social media companies of using addictive practices that allegedly hooked children on the sites and contributed to mental health and other harms.
On March 25, the Los Angeles Superior Court jury awarded a total of $3 million in compensatory damages to the 20-year-old plaintiff, with Meta directed to pay 70% of that amount, and YouTube 30%. The panel, which found the companies acted with malice, then reconvened and heard evidence on whether either or both companies should pay punitive damages.
On Thursday, Judge Carolyn B. Kuhl heard arguments on the two post- trial motions and took the issues under submission. In their court papers, YouTube attorneys contended that the company’s freedom of expression is at issue.
“The law and the evidence are clear: In attacking YouTube features such as likes, notifications, and curated feeds, plaintiff (K.G.M.) directly targeted speech, inviting the jury to hold YouTube liable for both its own expression and what it enabled users to say,” the YouTube attorneys contended in their pleadings.
In addition, because none of this evidence is sufficient to support an inference that YouTube actually believed its service was harming youth and acted in conscious disregard of that belief, there was insufficient evidence to support a punitive damages award, the YouTube lawyers further state in the pleadings.
After a brief period of deliberations, the jury decided to award $3 million in punitive damages, with roughly the same percentage split between the two companies.
In California, punitive damages, also called exemplary damages, represent additional compensation awarded in civil lawsuits levied to punish a defendant for highly reprehensible conduct and to deter similar future acts. A judge can change the amount of punitive damages awarded by a ruling from the bench or on a motion from the affected parties.
K.G.M. testified during the trial that she began using social media sites when she was as young as 6 years old.
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