The European Commission has said it has reached a preliminary view that Meta may have breached the EU's Digital Services Act (DSA) by failing to address the potentially addictive design
of Facebook and Instagram.
The investigation centres on features including infinite scrolling, autoplay videos, push notifications and highly personalised recommendation systems, which regulators say encourage users to spend excessive amounts of time on the platforms.
According to the Commission, Meta did not properly assess the risks these design features pose to users' physical and mental wellbeing, particularly children, teenagers and other vulnerable groups.
Regulators said the company's risk assessments overlooked how personalised recommendations, endless scrolling and autoplay can encourage compulsive use by continuously presenting users with new content. The Commission also said Meta failed to take sufficient account of evidence showing how much time minors spend on Facebook and Instagram during the night, or how features such as Reels and Stories may contribute to unhealthy usage patterns.
The Commission also concluded that Meta's existing safeguards do not adequately reduce these risks.
It said time-management tools on Facebook and Instagram, including those enabled by default for teenagers, can be easily ignored and do not significantly limit time spent on the services. Officials also questioned the effectiveness of Meta's parental controls, arguing they require considerable technical knowledge and effort from parents to use successfully.
The Commission further said that awareness campaigns, including links to mental health resources available through Meta's online Safety Centre, are not sufficient to offset the risks created by the platforms' design.
Regulators believe Meta should introduce changes to both services, including switching off autoplay and infinite scrolling by default, introducing more effective prompts encouraging users to take breaks from screens, and redesigning recommendation systems so they are less focused on maximising engagement.
The findings are preliminary and do not represent a final ruling.
Meta now has the opportunity to respond to the Commission's concerns and review the evidence gathered during the investigation before a final decision is made. The European Board for Digital Services will also be consulted.
If the Commission ultimately concludes that Meta has violated the Digital Services Act, it could impose a fine of up to 6% of the company's global annual turnover.
The investigation was formally launched in May 2024 as part of the EU's enforcement of the Digital Services Act. It follows an extensive inquiry involving reviews of Meta's internal documents, risk assessments and responses to requests for information, alongside scientific research and consultations with experts in behavioural addiction.
The Commission is also conducting separate investigations into Meta's age-verification measures for children under 13 and the so-called "rabbit hole" effects of Facebook's and Instagram's recommendation algorithms, which regulators say may exploit the vulnerabilities of younger users.
