SANTA FE, N.M. – A Santa Fe judge shot down a motion from Meta – the company behind Facebook and Instagram – to dismiss a sweeping lawsuit filed by the New Mexico Department of Justice.

Attorney General Raúl Torrez filed that lawsuit late last year, alleging Meta knowingly exposes children on its platforms to sexual exploitation. The lawsuit says it isn’t doing enough to protect those children from predators.

This is not the first time Meta has faced these accusations or even lawsuits. But it is one of the first to survive the company’s countermeasures.

“I just think it sends a signal. New Mexico is small but mighty,” said New Mexico Deputy Attorney General Julie Ann Meade. 

Meade is one of the lead prosecutors challenging the largest social media company in the world to do better.

“The lawsuit is alleging that through Meta’s decisions and design and features, is creating an online environment that causes harm,” said Meade. 

While previous lawsuits against Meta revolved around mental health, the New Mexico Department of Justice is focused on the sexual exploitation of children.

“New Mexico decided to take a look at this and conducted some investigations, which revealed real issues around child pornography, and child trafficking,” Meade said. 

The lawsuit argues Facebook and Instagram are, “A breeding ground for predators who target children for human trafficking, the distribution of sexual images, grooming and solicitation.” Despite company policies and statements insisting they are safe for children.

According to the lawsuit, Department of Justice investigators set up several fake profiles of children and discovered the platform’s algorithms regularly exposed those accounts to sexual content and potential predators.

The suit argues Meta knows that’s happening and is making money off it through targeted ads. That’s where the DOJ is sinking its teeth.

“We are raising these claims against Meta based on their design and features, not on third party content, and so that’s the distinction,” said Meade. 

Despite multiple attempts from Meta to dismiss the lawsuit, a Santa Fe judge is allowing it to move forward in state court.

“It’s impactful because that means there’s clear indication that there is harm directly here in New Mexico,” Meade said. 

Meade says the end goal is forcing Meta to implement the guardrails many users already believe exist.

“The end goal would be to effectuate change in how these online platforms work, and make sure that they’re the design features are continuing to consider what really needs to be in place to protect children’s mental well-being, physical well-being and health and welfare,” said Meade. 

KOB 4 reached out to Meta for a comment Friday and did not hear back. The judge did allow a motion to remove Meta CEO Mark Zuckerberg from the lawsuit.

Meade says both sides are now heading into the evidence collecting phase, but it’s not clear when this case will come before a judge again.