The European Commission has preliminarily found that Meta breached the Digital Services Act (DSA) through the design of Instagram and Facebook, which creates addiction. The investigation, the Commission announced on Friday, covers infinite scroll, autoplay, push notifications and personalised recommendation systems.
According to the Commission’s findings, Meta failed to adequately assess the risks of such design for the physical and mental well-being of users, including minors and vulnerable adults. The Commission states that features that continuously present new content to users encourage the urge to keep scrolling and contribute to compulsive platform use.
The Commission also claims that Meta ignored available information about the time minors spend on Instagram and Facebook at night.
The Commission assesses existing safeguards as ineffective. Time management tools, including those automatically activated for teenagers, are easily dismissed and do not significantly reduce service usage. Parental controls, the Commission believes, are only effective if parents have adequate technical knowledge, and advice in a separate "safety centre" does not sufficiently mitigate the risk of addiction.
At this stage, the Commission considers that Meta should change the design of both platforms. This includes disabling autoplay and infinite scroll by default, implementing effective screen breaks and a recommendation system less focused on user engagement. The statement emphasises that the preliminary findings do not prejudice the final outcome of the proceedings.
Meta can now review the investigation file and respond in writing to the findings. Simultaneously, consultation with the European Digital Services Board will take place. If the Commission’s views are confirmed, a decision of non-compliance and a fine of up to 6 per cent of the company’s total global annual turnover is possible.
The official proceedings against Meta were launched on 16 May 2024. As part of the same procedure, the Commission issued preliminary findings on age verification measures for users under 13 on 29 April 2026, and continues its investigation into the effects of the so-called rabbit hole, where recommendation systems can exploit the vulnerability and inexperience of minors.
