The European Commission has made a preliminary finding that Meta has breached the Digital Services Act (DSA) by the addictive design of Instagram and Facebook. The investigation focuses on features such as infinite scroll, autoplay, push notifications and highly personalised recommender systems.
The investigation has indicated that Meta did not adequately assess the risks of its addictive design on the physical and mental well-being of its users, including minors and vulnerable adults. The Commission has found that Meta did not consider certain design features of Instagram and Facebook, such as highly personalised recommendations, autoplay and infinite scroll, which constantly show users new content. In addition, the Commission has found that Meta disregarded available information about the amount of time minors spend on the platforms at night and how formats such as reels and stories could lead to excessive or compulsive use.
Meta’s current mitigation measures were also found to have failed to effectively tackle risks arising from its addictive design. The Commission considers that Meta’s parental controls are only effective if parents and guardians have the adequate technical expertise and take time to understand them effectively.
Therefore, the Commission says that the efficiency of these measures in addressing the risks posed by Instagram and Facebook’s addictive design is undermined. The Commission is also of the opinion that Meta’s awareness-raising measures such as tips and links to mental health resources do not sufficiently mitigate the risks of addictive design on the platforms.
At the current stage of the investigation, the European Commission finds that Meta needs to implement design changes to both Instagram and Facebook. They can do this by disabling key addictive features such as ‘infinite scroll’ and ‘autoplay’ by default, implementing effective ‘screen time breaks’, and adapting the recommender system to make it less engagement-oriented.
Meta may now exercise its right to defence. The European Board for Digital Services will also be consulted. If the Commission’s views are confirmed, it may issue a non-compliance decision resulting in a fine proportionate to the seriousness of the infringement. The preliminary findings are part of its formal proceedings to investigate Meta’s compliance with the DSA, launched on 16 May 2024.
