Forgotten Dairies
Big Tech’s Algorithms Are Finally Standing Trial -By Fransiscus Nanga Roka
Congress should establish a statutory standard of care on platforms to assess and address unreasonable foreseeable harm to minors (even if that means addressing disparate treatment during litigation). Chronological, non-personalized feeds by default for children Disable autoplay, streaks and nighttime notifications Ban behavioral advertising to minors Independent audits of recommendation systems
For many years, Silicon Valley claimed that no one was to blame for social-media harm: users made the content, children were regulated by parents and platforms simply provided neutral technology. Now, that fable is falling apart in U.S. courtrooms.
Over 3,000 lawsuits filed by youth, parents and school districts and municipalities allege that Meta, Google, ByteDance and Snap made addictive platforms designed to lure children into increased depression, anxiety, eating disorders and self-harm. In August 2026, a US appeals court rejected efforts by Meta and TikTok to get the litigation dismissed immediately under Section 230 of the Communications Decency Act. (reuters. com)
But precision matters. The appellate court did not completely get rid of Section 230 protection. It held that Section 230 functions as a defense, not an immunity it can never be sued; and that the companies were appealing too soon. The merits remain contested.
This has thus changed the legal battlefield from what users say to what platforms intentionally create.
Plaintiffs claim infinite scrolling, autoplay, your phone buzzes every 15 minutes urging you to do something, engagement-ranking systems and algorithm-based tailoring are not mere innocuous tweaks of the user experience. These are techniques meant to extinguish stopping cues, optimize screen time and turn adolescent attention into advertising revenue. We’re talking not just publishing harmful third-party content, but building a platform structure that incentivizes addictiveness.
The world’s most dominant attention merchants? The what was said to be defective design and failure to warn. The Where: California’s federal multidistrict litigation, plus parallel state cases and suits across the USA The when is now, this, after years of quiet warnings, public denials and legislative inaction. That the why is brutal in its simplicity: engagement generates data, advertising and money. The how is algorithmic personalization that runs nonstop, in secret and at a planetary scale.
A Los Angeles jury delivered the first real warning shot in March. It found Meta and Google had been guilty of negligence in the design and operation of Instagram and YouTube, by finding that their conduct materially caused mental-health injuries to a young woman. The jury slapped $6 million in damages, $4.2 million against Meta and $1.8 million against Google. Both firms have disputed the conclusions and are appealing.
The financial reckoning took a turn for the worse in August, when Meta reached an $18 billion settlement with 48 U.S. states and territories over youth-safety charges while not admitting liability. The terms include enhanced parental controls, limits on notifications and default protections for minors as well as ongoing litigation by individual and school-district plaintiffs.
But money cannot replace structural reform.
Congress should establish a statutory standard of care on platforms to assess and address unreasonable foreseeable harm to minors (even if that means addressing disparate treatment during litigation). Chronological, non-personalized feeds by default for children Disable autoplay, streaks and nighttime notifications Ban behavioral advertising to minors Independent audits of recommendation systems
Regulators also need access to platform data, while privacy-protected pathways are needed for researchers to test causation. So courts must separate product design from protected expression in order to prevent child safety standards from being an argument for censorship. Lastly, the accountability for executives that willfully hide material safety risks should be personal not a fine that is absorbed in the account profits.
The question is no longer if social media is home to dangerous content. It is whether corporations will be able to create dependence among children, privatize the profits, and leave families and schools holding the bag.
Algorithms may be invisible. Their designers presumably don’t have to be above such things.
Fransiscus Nanga Roka
Faculty of Law University 17 August 1945 Surabaya and Managing Partner Law Firm Victorious Indonesia
