Is Big Tech Facing Its “Big Tobacco Moment”?

Tech giants including Meta, Google, and Apple are facing increasing popular resentment and losing more and more major court battles. Yet their profits and power look about as secure as ever.

Mark Zuckerberg testifies during a congressional hearing on April 10, 2018.

Recent years have seen a losing streak in court for Big Tech. Yet despite the legal headwinds, there have been zero firm breakups, no success in attempts to undo major mergers, and mostly just smaller fines. (Saul Loeb / AFP via Getty Images)


Recent years have seen a legal losing streak for Big Tech. With verdicts allowing liability for consumer harms like addiction and exposure to harmful content, commentators have talked of an industry turning point like that Big Tobacco once faced. Yet despite the legal headwinds, there have been zero firm breakups, no victories on attempts to claw back mergers like Meta’s purchase of Instagram, and so far mostly just smaller fines, with class-action lawsuits potentially delivering greater sums — but that remains to be seen.

A legal sea change for the industry came in twin verdicts earlier this year, the first on March 24 in New Mexico, finding Facebook parent company Meta liable for failing to control predators on its platforms as required by state law. The second, a day later, came with a Los Angeles jury finding Meta and YouTube negligent for designing their platforms with addictive features intended to hook young users. The plaintiff in the LA case is a girl who was six when starting use of the programs and who allegedly experienced body dysmorphia and thoughts of self-harm as a result.

The rulings are landmarks, but they appear to be just the beginning for the platforms. Thousands of suits are winding through courts nationwide, with over a dozen scheduled to start this year. Some are from individuals, some from states, and many have been amalgamated into class-action status.

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