Former Meta Engineer Alleges 'Don't Ask, Don't Tell' Policy for Underage Instagram Users

In a federal courtroom in Oakland, California, a landmark trial against Meta is unfolding, bringing to light serious allegations about child safety on its platforms. On Wednesday, August 19, 2026, Arturo Béjar, a former engineering director at Meta, delivered striking testimony to jurors, claiming that Instagram knowingly harbored tens of thousands of users under the age of 13, all while operating under a problematic "don't ask, don't tell" approach.

Béjar, who previously testified before Congress on matters of child safety concerning Instagram, didn't mince words. He painted a picture of a company, Meta, that, in his view, placed profits squarely ahead of the well-being of its youngest users. It was, he suggested, common knowledge within the company that kids below the official age limit of 13 were actively using the platform. Yet, he alleged, Meta lacked any meaningful goals or metrics specifically designed to detect and verify the ages of these suspected underage users.

Think about that for a moment: a platform that states you must be 13 to create an account, but allegedly has no real system to ensure that rule is followed. Béjar went further, pinpointing specific features of Instagram – like autoplay videos and those ever-present popularity counters – as being "inherently unsafe for teenagers." It's a stark reminder, isn't it, of how seemingly innocuous design choices can have profound impacts on young, developing minds.

This testimony comes as part of a significant lawsuit filed in 2023 by 29 states, four of which (California, Colorado, Kentucky, and New Jersey) are currently pursuing this initial trial. The states accuse Meta of deliberately contributing to a youth mental health crisis, designing features specifically to be addictive, and, critically, collecting data on children under 13 without parental consent. This last point, of course, is a direct challenge to the Children's Online Privacy Protection Act, or COPPA, a federal law put in place to protect kids' digital privacy.

Meta, for its part, has not taken these accusations lightly. Paul Schmidt, a lawyer representing the company, has publicly stated that Meta believes it carries a responsibility regarding teen mental health and social media use. The company has vehemently rejected the claims made in the lawsuit, asserting that the evidence presented during the trial will ultimately demonstrate its unwavering commitment to user safety, particularly for younger demographics. Still, Béjar's powerful testimony offers a compelling, if troubling, perspective from someone once on the inside, raising critical questions about corporate responsibility and the digital playgrounds our children inhabit.