Social Media

US States Are Rewriting Social Media Rules: Meta's $18 Billion Deal Becomes a Template

Meta is paying $18 billion, TikTok $100 million to Alabama, and Facebook has been found liable for 43 million violations. US states are building new social media rules deal by deal.

5 min read

States are rewriting the rules of social media
States are rewriting the rules of social mediaThe Magic Tuba Pixie / Openverse

A jury in New Mexico found Facebook responsible for more than 43 million violations of the state's consumer protection law — and against the backdrop of Meta's $18 billion settlement with state attorneys general and TikTok's deal with Alabama worth at least $100 million, this looks like the formation of a new regulatory template for the entire industry.

The past week gave two reasons to believe that Meta's settlement with state attorneys general, reached a month ago, could become a model for regulating other platforms. TikTok agreed to pay Alabama at least $100 million and adopt protections for minors that partially mirror Meta's restrictions. A day earlier, a jury in New Mexico returned a verdict against Facebook.

"State attorneys general now have a precedent: 'Yes, we managed to secure this settlement… and now YouTube, TikTok and all the other companies we can start applying the same thing to,'" Kevin Repine, vice president of data and analytics at Brkthru, said in an interview with MarTech. "I think this is going to start gathering momentum."

The implications go beyond teen safety. If states start imposing similar product requirements on Meta, TikTok and eventually YouTube, it will change the size of the available ad inventory for young audiences, the degree of platform personalization, and the cost of reaching young users.

What the $18 Billion Deal Required

Meta's $18 billion agreement, announced in August, resolves a lawsuit by 48 state attorneys general over harm to children. It requires changes to Facebook and Instagram that will directly affect the mechanics of retaining young users.

Among the requirements: a two-hour daily limit for users under 18 on both services, a block from midnight to 6 a.m., disabling notifications during school hours, additional screen-time reminders, restrictions on certain beauty filters, enhanced age verification, and hidden-by-default like and reaction counters. Parents will be able to make a non-personalized feed the default experience for their teenage children. Most requirements will remain in place for 10 years.

These changes do not destroy Meta's advertising model. The company had already barred advertisers from targeting teens based on interests and other signals available for adult audiences. So the short-term advertising consequences are easy to overstate.

"If you over-relied on Meta or Instagram to reach this demographic, you'll have to change your approach — impressions will decline," Repine believes.

It's not yet clear whether teens will substantially cut their time on Meta's platforms. "The big question a lot of people are asking now is: where do they move? Will the two-hour limit materially change their behavior, or will they just ask their parents, 'I want to stay here' — and nothing changes? They need to go somewhere," Repine reasons.

An Unusual Clause and the TikTok Deal

Meta's settlement contains an unusual provision: 30% of the amount, about $5.3 billion, will be paid only if TikTok and YouTube adopt the agreed-upon protections — including hourly daily limits, nighttime restrictions and age verification — and agree to comparable financial payments. Meta has publicly called on both companies to accept this scheme.

TikTok has not done so. Its agreement with Alabama is a separate deal on different terms. But the overlaps are obvious: a two-hour daily limit for minors, restrictions on nighttime use and beauty filters, enhanced parental controls and age verification, and a non-personalized feed option. Alabama will receive at least $100 million, with the amount potentially increasing depending on the outcomes of cases in other states.

Formally, this does not satisfy Meta's condition. But it shows that yet another state has succeeded in changing the product design of yet another major social network.

Now under pressure is YouTube. In March, it lost a teen-harm lawsuit alongside Meta in California. The platform faces class-action suits at the state and federal levels, as well as individual suits from Arkansas and Nevada and a coalition of attorneys general in federal court.

If similar requirements eventually extend to all three platforms, the consequences for marketers become more serious: shifting budgets from Instagram to TikTok or YouTube will no longer help bypass restrictions if all platforms operate under comparable rules.

Advertisers Are Split

Dion Bailey, co-founder and CPTO of platform Caliber, expects an impact on volumes and prices. "The changes that come to mind are the volume of available inventory and its cost, especially when targeting young audiences. Also where advertisers will redirect that money. Those who relied too heavily on social platforms will have to spread their bets wider," he says.

Ben Moore, US director of BeReal, is skeptical: "I don't see an immediate impact on Meta's ad business. It doesn't look like P&G or another major advertiser is pulling budget out of Meta to put it somewhere else." In his view, teens make up a relatively small share of users, and some of them will find ways around the restrictions.

Uncertainty also remains around personalization. Teen targeting was already limited, so a non-personalized content feed does not automatically mean untargeted ads. What also matters is how many families choose such a feed. Forecasts on CPM, reach and campaign efficiency are premature for now: marketers lack the behavioral data to assess the scale of changes.

What Matters Most Is Who Writes the Rules

The New Mexico verdict added another dimension: the case concerned deceiving users about privacy protections, including data that ended up with Cambridge Analytica. The jury found more than 43 million violations of the unfair practices law; the state is seeking up to $5,000 per violation. New Mexico previously won a separate child-safety case against Meta — the company is contesting it.

Advertisers have already shown low willingness to leave over reputational issues: the 2020 Facebook boycott drew more than 1,000 companies but did not shake the ad business. The current wave of lawsuits carries a different kind of risk: states are seeking changes to the products themselves. Time limits determine the volume of available attention. Recommendation systems determine what a user sees. Age checks determine which rules apply to whom.

For now, the effect is concentrated on young users, and the advertising implications remain uncertain. But TikTok's deal with Alabama makes it impossible to write off Meta's settlement as a "one-company problem." Meanwhile, Meta itself has a multibillion-dollar financial interest in its competitors adopting similar restrictions.

The question is whether scattered cases will start forming a unified rulebook for social media. Absent federal legislation, it appears state attorneys general and the courts will build one — deal by deal.

Original: semrush.com

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