EU Commission Finds Instagram and Facebook's Addictive Design Breaches Digital Services Act
Brussels says Meta failed to assess addiction risks from infinite scroll, autoplay and recommender systems on Instagram and Facebook, exposing the company to a fine of up to 6% of global turnover.
Overview
The European Commission has preliminarily found Meta in breach of the Digital Services Act for the addictive design of Instagram and Facebook, the bloc’s executive arm announced. The finding caps a two-year-long investigation into whether the two platforms’ design choices harm the mental and physical wellbeing of users, particularly children.
What We Know
According to the European Commission, the investigation “focuses on features such as infinite scroll, autoplay, push notifications, and the platforms’ highly personalised recommender systems.” Investigators concluded that “Meta did not adequately assess the risks of its addictive design on the physical and mental wellbeing of users, including minors and vulnerable adults,” the Commission said.
Executive Vice-President for Tech Sovereignty, Security and Democracy Henna Virkkunen stated that “protecting the physical and mental health of Europeans must be a priority for social media platforms. The Digital Services Act provides a clear framework to hold platforms accountable for the addictive design and effects of their services,” according to the European Commission.
Regulators found that Meta had “disregarded data on how much time teenagers spend on Instagram and Facebook at night,” and that the optimisation of formats such as reels and stories “could lead to excessive or compulsive use,” according to Euronews. The same reporting found that Meta’s time management tools, “including those activated by default for teenagers, can easily be ignored and do not meaningfully reduce usage,” while parental controls “were found to be effective only for parents with sufficient technical expertise and time to navigate them,” per Euronews.
The Commission said the features under scrutiny cause users’ brains to shift into “autopilot mode, contributing to unhealthy habits and compulsive use,” according to Al Jazeera.
The preliminary finding traces back to formal proceedings the Commission opened on 16 May 2024, when it said it was “concerned that the systems of both Facebook and Instagram, including their algorithms, may stimulate behavioural addictions in children, as well as create so-called ‘rabbit-hole effects,’” and that it was also “concerned about age-assurance and verification methods put in place by Meta,” the Commission said at the time.
Meta pushed back on the findings. “We disagree with these preliminary findings, which don’t accurately take into account the significant steps we’ve taken to protect teens,” Meta spokesperson Ben Walters said, according to Al Jazeera.
If confirmed, the breach exposes Meta to a fine of up to six percent of its annual turnover, the Commission’s standard penalty ceiling under the DSA. Euronews calculated that the cap “could run to more than $12 billion (€11bn) based on the company’s 2025 revenue of just under $201 billion.” The Commission has called on Meta to disable infinite scrolling and video autoplay by default, and provide less personalised content through its algorithms, The Register reported.
The finding follows the Commission’s first two fines issued under the DSA: a €120 million penalty against Elon Musk’s X and a €200 million fine against the Chinese e-commerce platform Temu, according to Euronews.
What We Don’t Know
The finding is preliminary. Meta “will have an opportunity to respond to the preliminary findings before the EU reaches its final decision,” which is expected “in the coming months,” according to Al Jazeera; The Register similarly reported that Meta can respond before the Commission reaches a final decision “within a few months.” It remains unclear whether the Commission will ultimately confirm the breach, what the final fine amount would be if it does, or how quickly Meta would be required to implement any structural design changes.
Analysis
The finding lands as the Commission’s most direct challenge yet to the engagement-driven design that underpins Meta’s advertising business. Fabrizio Esposito, an associate professor of private law at NOVA School of Law in Lisbon, told Al Jazeera that the situation is problematic for Meta because the violations “strike at the heart” of its business model. Where the Commission’s earlier DSA fines against X and Temu addressed discrete compliance failures, this case targets the core mechanics — infinite scroll, autoplay, and personalized recommendations — that keep users engaged and, by extension, exposed to advertising.