The European Commission has issued a preliminary finding that design features on Facebook and Instagram breach the EU’s Digital Services Act, particularly in the way they affect minors and other vulnerable users. Meta has rejected the assessment, while saying it will keep working with regulators on child safety.

Commission targets engagement features

According to the Commission’s initial view, several core product features on both platforms are designed in ways that encourage prolonged use and may undermine user wellbeing. The regulator highlighted infinite scroll, video autoplay, push notifications, and personalized recommendation systems as the main elements of concern.

The Commission said these features can push users into an “autopilot mode” and argued that Meta did not properly account for their possible effects on physical and mental health. The concerns are focused especially on minors, though the preliminary finding also refers to vulnerable adults.

Regulators also examined whether Meta’s existing safeguards were sufficient under the Digital Services Act. Their conclusion was that the company’s current protections do not adequately counterbalance the engagement-driving features built into Facebook and Instagram.

EU says existing safeguards fall short

The Commission’s review found fault with a range of safety tools that Meta says are meant to limit excessive use. These include time-management features, parental controls, and pages intended to raise awareness around screen time.

EU regulators said those measures were too weak in practice. They also argued that some default settings can be dismissed too easily, reducing their effectiveness. In addition, the Commission suggested that parents may need a high level of familiarity with the platforms to find and use the controls available to them.

The review also covered teen accounts introduced by Meta in the EU in 2024. The Commission’s preliminary position is that those accounts did not meet the requirements set by the Digital Services Act.

Meta pushes back, penalties not yet set

Meta disputed the finding and said it would continue engaging with the Commission. The company said it does not agree with the regulators’ conclusions, including those relating to teen accounts, but emphasized that it remains involved in discussions around child safety.

The company also pointed to its broader safety work, saying it has spent more than a decade developing over 50 tools intended to protect younger users across its services.

The Commission’s action remains at a preliminary stage. No penalty has been imposed, and Meta still has the opportunity to respond in writing and challenge the case before any final decision is made.

Possible consequences if finding is confirmed

If the Commission ultimately confirms its view, Meta could face fines of as much as 6% of its global annual turnover. The company could also be ordered to change how Facebook and Instagram function in the EU.

Potential remedies mentioned in the case include disabling autoplay and infinite scroll by default, adding screen breaks, and altering recommendation systems so that users receive less personalized content.

The case is one of the clearest signals yet that EU regulators are willing to scrutinize the design of major social media platforms, not only their content moderation systems. At this stage, however, the Commission’s position is still provisional, and the outcome will depend on Meta’s response and the next steps in the EU process.

Source: Cryptopolitan