The European Commission has preliminarily found that Meta may have breached the Digital Services Act (DSA) over the design of Instagram and Facebook. The findings are part of a formal investigation launched on May 16, 2024, with the Commission examining features such as infinite scroll, autoplay, push notifications, and the platforms’ highly personalised recommender systems, which it says may contribute to compulsive use and pose risks to the physical and mental wellbeing of users.
Commission flags risks from platform design
According to the Commission, Meta did not adequately assess the risks posed by its platform design, particularly for minors and vulnerable adults. It said highly personalised recommendations, autoplay, and infinite scroll continuously present users with new content, encouraging them to keep scrolling and potentially contributing to unhealthy habits and compulsive use.
The Commission also found that Meta did not sufficiently consider available information on the amount of time minors spend on Instagram and Facebook at night or how formats such as Reels and Stories could contribute to excessive or compulsive use of the platforms.
Current safeguards found insufficient
The Commission said Meta’s existing measures do not effectively address the risks associated with the platforms’ design. It identified several shortcomings, including:
- Time management tools on Instagram and Facebook, including those enabled by default for teenagers, can be easily dismissed and do not provide meaningful control over usage.
- Parental controls require considerable technical knowledge, time, and effort from parents or guardians, limiting their effectiveness.
- Safety tips and links to mental health resources available through Meta’s Safety Centre do not sufficiently mitigate the risks associated with the platforms’ design.
Design changes proposed by the Commission
Based on its preliminary assessment, the Commission said Meta should introduce design changes across Instagram and Facebook, including:
- Disabling autoplay and infinite scroll by default.
- Introducing more effective screen time breaks.
- Adapting the recommender system to make it less focused on user engagement.
The Commission said these are preliminary findings and do not represent the final outcome of the investigation.
How the Commission reached its findings
The Commission said its preliminary findings are based on an in-depth investigation that included an analysis of Meta’s risk assessment reports, internal data and documents, responses to multiple requests for information, a review of scientific research on the topic, and interviews with experts from multiple fields, including behavioural addiction.
What happens next?
Meta can now exercise its right to defence by reviewing the Commission’s investigation files and submitting a written response to the preliminary findings. The European Board for Digital Services will also be consulted before the Commission reaches a final decision.
If the Commission ultimately confirms its findings, it may issue a non-compliance decision that could result in a fine of up to 6% of Meta’s total worldwide annual turnover, depending on the nature, gravity, recurrence, and duration of the infringement.
Other ongoing Meta investigations
The investigation also covers Meta’s age assurance measures for users under 13, for which preliminary findings were adopted on April 29, 2026. Separately, the Commission continues to investigate the so-called “rabbit hole” effects of Facebook’s and Instagram’s recommender systems and whether they may exploit the vulnerabilities and inexperience of minors.