The European Commission has preliminarily found Meta in breach of the EU’s Digital Services Act over what it described as the addictive design of Instagram and Facebook, focusing on features including infinite scroll, autoplay, push notifications and highly personalised recommendation systems.
The Commission declared in a statement on Friday that its investigation indicates Meta did not adequately assess risks to users’ physical and mental wellbeing linked to these design features, including risks for minors and vulnerable adults.
It cited functions such as infinite scroll, autoplay and highly personalised recommendations, which it said constantly show users new content and can contribute to compulsive use.
The Commission also said Meta did not take into account available information about the time minors spend on Instagram or Facebook at night, and how optimisation of formats such as Reels and Stories could lead to excessive use.
Tools for teens and parents “can be easily dismissed”
Evidence reviewed by the Commission suggests Meta’s existing measures do not effectively tackle risks from addictive design, including time management tools on Instagram and Facebook that are activated by default for teens but “can be easily dismissed”, the Commission said.
Parental controls were also described as effective only if parents and guardians have sufficient technical expertise and spend time understanding them.
Meta’s awareness-raising steps — such as tips and links to mental health resources provided via a separate “safety centre” page — do not appear to sufficiently reduce the risks.
At this stage, the Commission said Meta would need to make design changes to Instagram and Facebook, giving examples such as disabling autoplay and infinite scroll by default, introducing effective “screen time breaks”, and adjusting recommendation systems to be less focused on engagement.
Meta can now examine the Commission’s investigation files and respond in writing to the preliminary findings, while the European Board for Digital Services is consulted.
If the preliminary view is confirmed, the Commission may issue a non-compliance decision that can lead to a fine of up to 6% of the provider’s total worldwide annual turnover.
The findings are part of formal proceedings launched on 16 May 2024 into Meta’s compliance with the Digital Services Act, a law that sets rules for online platforms operating in the EU.
