EU says Meta breached digital rules with Facebook and Instagram designs

The European Commission said Friday that Meta breached the European Union’s Digital Services Act through design features on Instagram and Facebook that regulators described as “addictive.” If the Commission confirms its preliminary findings, Meta could face fines of up to 6% of its total annual turnover.

The finding adds to regulatory pressure on one of the world’s largest social media companies and focuses on the way product design can affect user behavior and welfare. The Commission said Meta had not adequately assessed risks tied to features that could affect the physical well-being of users, including minors and vulnerable adults.

The Commission identified several elements of Instagram and Facebook as part of its concerns:

• Infinite scroll, which allows users to continue viewing content without reaching a natural stopping point.
• Autoplay, which starts videos or other media without a separate user action.
• Push notifications, which prompt users to return to the platforms.
• Highly personalized recommendation systems, which select and rank content for individual users.

The Digital Services Act is the EU’s framework for regulating large online platforms, including obligations related to risk assessment and user safety. In this case, the Commission said its concerns center on whether Meta properly considered the risks created by the design and operation of its services.

Meta rejected the Commission’s preliminary conclusions. “We disagree with these preliminary findings, which don’t accurately take into account the significant steps we’ve taken to protect teens,” a Meta spokesperson said.

The company said that since the EU investigation began it has introduced Teen Accounts, which it said “automatically protect teens and put parents in control.” According to Meta, those controls allow parents to block access at night and set daily screen-time limits as low as 15 minutes.

Meta said it shares the Commission’s goal of giving teenagers safer and more positive online experiences. The spokesperson said the company would “continue to engage constructively” with the regulator.

The Commission’s statement is preliminary, meaning the potential penalty is not final. The financial exposure would depend on whether the EU confirms the findings and applies a fine under the Digital Services Act’s enforcement powers.

The case places platform design, rather than only content moderation, at the center of EU scrutiny. For Meta, the proceeding affects two of its core consumer services and tests how far European regulators will go in treating engagement tools as a safety risk under digital rules.

This story draws on original reporting from CNBC.