Facebook Founder Zuckerberg Must Testify at Trial, Judge Rules

A Los Angeles Superior Court judge has ruled that Meta Platforms CEO Mark Zuckerberg must testify in the upcoming trial concerning the alleged adverse effects of social media on younger users. The decision raises critical questions about corporate responsibility and the potential psychological impacts of social media algorithms.

Snap CEO Evan Spiegel and Instagram’s Adam Mosseri are also compelled to testify, according to Judge Carolyn Kuhl’s ruling. The trial, set to begin in January, promises to be a pivotal moment in the ongoing debate surrounding the ethical considerations of social media design.

“The testimony of a CEO is uniquely relevant, as that officer’s knowledge of harms, and failure to take available steps to avoid such harms could establish negligence or ratification of negligent conduct,” Judge Kuhl stated, underscoring the significance of executive-level accountability in this matter.

The judge emphasized the “unique” nature of their testimonies, particularly in light of allegations that social media companies purportedly failed to adequately warn users about features designed to be “addictive” and to “drive compulsive” behaviors in minors. This accusation highlights the industry’s ongoing struggle to balance user engagement with ethical design principles.

Law360 initially reported the judge’s order.

Meta declined to comment. CNBC has reached out to Snap for comment.

This pending trial joins a growing number of legal challenges alleging that social media technology companies have intentionally created platforms and features that detrimentally affect younger users and impair their mental well-being. This legal landscape signals a potential shift in how these companies are held accountable for the downstream effects of their products.

Earlier this month, New York City initiated a lawsuit against several of these companies, claiming they engineered addictive platforms contributing to mental health crises among children. The lawsuit adds to the increasing pressure on social media giants to address the social and psychological impact of their services. Zuckerberg, along with other tech CEOs, previously testified at a Senate hearing focused on child safety online, underscoring the growing scrutiny from lawmakers and regulators.

Meta had attempted to prevent Zuckerberg and Mosseri from testifying, arguing that their previous testimonies should suffice and that requiring their presence at additional trials would disrupt business operations and establish an undesirable precedent. This argument reflects the tension between legal obligations and the operational demands of running a global technology company.

Snap contended that demanding Spiegel’s testimony would constitute an “abuse of discretion,” highlighting the company’s concern over potential overreach in the discovery process.

Kirkland & Ellis, Snap’s legal representatives, issued a statement to CNBC asserting that the court’s decision “does not bear at all on the validity” of the claims. They added, “While we believed that the previous hours of deposition testimony and numerous other executives who may testify was sufficient, we look forward to the opportunity to explain why Plaintiffs’ allegations against Snapchat are wrong factually and as a matter of law.” This statement indicates a strategic approach to defend against the allegations, emphasizing the factual basis and legal merits of their case.