The European Commission finds that Meta may have violated the EU’s digital regulations by designing Facebook and Instagram in a way that encourages users to stay on the platforms longer. In a preliminary decision, the Commission concludes that several of the services’ core features may constitute a breach of the Digital Services Act (DSA), legislation that requires very large digital platforms to limit systemic risks to users.

The assessment was presented in a press release from the European Commission as well as in a more detailed account on the Commission’s Digital Strategy portal. According to the Commission, Meta has not sufficiently analyzed or counteracted the risks that the platforms’ design could pose to users’ mental and physical health, especially among minors.

The investigation focuses, among other things, on features such as infinite scroll, automatic video playback, and feeds based on continuous personal recommendations. According to the Commission’s preliminary findings, these features may contribute to compulsive usage and make it harder for users to stop using the services.

The Commission also finds that Meta’s current tools for screen time management and parental control are not effective enough to mitigate these risks.

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The investigation began in May 2024 and is part of a broader EU review of how the largest tech platforms comply with the DSA. The ongoing probe also includes issues regarding age verification and the protection of minors on Meta’s platforms.

Meta now has the opportunity to respond to the Commission’s preliminary conclusions before a final decision is made. If the Commission later determines that the company has violated the DSA, Meta may be required to change how Facebook and Instagram are designed. The regulation also allows for fines of up to six percent of the company’s :censored:6:cdd6bbaa89: annual revenue.

Photo: Nokia621, CC BY-SA 4.0

Meta Disagrees

Meta rejects the Commission’s assessment. The company points out that in recent years it has implemented numerous safety features for young users, including special teen accounts with enhanced privacy and security settings, as well as tools to limit screen time and give guardians more control.

Reuters reports that Meta believes the EU’s requirements risk creating uncertainty about how the Digital Services Act should be interpreted and applied.

This case is one of the most extensive yet brought against Meta under the DSA and follows previous EU investigations into other major platforms. The issue of so-called addictive design has also become an increasingly central topic in European tech policy, with lawmakers in several member countries advocating for stronger protections for children and youth on social media.

Digital Services Act

The Digital Services Act (DSA) is the EU’s law on digital services, which came fully into effect in February 2024. The aim is to create a safer digital environment by imposing stricter requirements on social media, search engines, and other large internet platforms.

Among other things, the law requires the biggest platforms – such as Facebook, Instagram, TikTok, and X – to identify and reduce so-called systemic risks such as the spread of illegal content, disinformation, election interference, and risks to the health of children and youth.

Companies are also obliged to be more transparent about how their algorithms work and to provide researchers and authorities with better access.

If the European Commission finds that a company is violating the DSA, it can require changes to its services and, in serious cases, impose fines of up to six percent of its :censored:6:cdd6bbaa89: annual turnover.

The regulation is enforced by the European Commission when it comes to the very largest platforms, while national authorities are responsible for oversight of other digital services.

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