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The European Commission has preliminarily found Meta in breach of the Digital Services Act (DSA) over the addictive design of Instagram and Facebook, opening the door to a fine worth billions of euros.
Friday’s finding centres on features including infinite scroll, autoplay, push notifications and highly personalised recommendation algorithms — tools regulators say shift users into “autopilot mode” and fuel compulsive use.
“Protecting the physical and mental health of Europeans must be a priority for social media platforms,” Henna Virkkunen, the Commission’s Executive Vice-President for Tech Sovereignty, Security and Democracy, said in a press release.
“The Digital Services Act provides a clear framework to hold platforms accountable for the addictive design and effects of their services. We are fully committed to enforcing our legislation in Europe,” the statement continued.
The Commission’s investigation, launched in May 2024, found that Meta failed to adequately assess the risks its platforms pose to the physical and mental wellbeing of users — particularly minors and vulnerable adults.
Investigators found the company had disregarded data on how much time teenagers spend on Instagram and Facebook at night, and how the optimisation of formats such as reels and stories could lead to excessive or compulsive use.
Meta’s existing safeguards were also found wanting. The Commission said time management tools, including those activated by default for teenagers, can easily be ignored and do not meaningfully reduce usage.
Parental controls, meanwhile, were found to be effective only for parents with sufficient technical expertise and time to navigate them, an assumption regulators said undermined their value.
Further design changes are needed
The Commission has called on Meta to make structural design changes to both platforms, which include disabling features such as autoplay and infinite scroll by default, introducing effective screen-time breaks and adjusting its recommendation systems to make them less engagement-driven.
The preliminary findings do not prejudge a final outcome. Meta now has the right to examine the Commission’s investigation files and respond in writing before any non-compliance decision is issued.
If the findings are ultimately confirmed, Meta faces a fine capped at 6% of its total worldwide annual turnover — a figure that could run to more than $12 billion (€11bn) based on the company’s 2025 revenue of just under $201 billion.
It is the latest in a series of DSA actions against major platforms.
The first two fines under the law were a hefty €120 million fine issued against Elon Musk’s X in December, and an ever greater €200 million fine against Chinese e-commerce giant Temu in May.
The investigation also runs alongside a separate probe into Meta’s age assurance measures for under-13s, for which preliminary findings were adopted in April.