European Commission sees signs that Instagram and Facebook are in breach of the DSA due to their addictive design

The European Commission has communicated a preliminary conclusion according to which Meta could be violating the Digital Services Act, the DSA, due to the addictive design of Instagram and Facebook. The investigation focuses on elements such as infinite scrolling, automatic playback, push notifications and highly personalized recommendation systems, that is, functions that, in Brussels’ opinion, encourage compulsive use of both platforms.

According to the Commission, Meta would not have adequately evaluated the risks that this design poses to the physical and mental well-being of users, including minors and vulnerable adults. In its explanation, Brussels maintains that the company did not sufficiently take into account how certain functions, including highly personalized recommendations, autoplay or infinite scroll, keep the user receiving new content constantly. The Commission believes that this fuels the impulse to continue browsing and puts the brain into a kind of “autopilot mode.”

The file also states that Meta would have overlooked available information about the time children spend on Instagram and Facebook overnight, as well as the effect that optimizing formats such as reels and stories can have on patterns of excessive or compulsive use. The research is therefore not limited to the overall design of the interface, but also to how different parts of the product combine to increase dwell time.

Brussels considers the current Meta measures insufficient

The Commission not only questions the risk assessment, but also the measures taken by Meta to mitigate them. In its preliminary analysis, Brussels states that the time management tools of Instagram and Facebook, including those activated by default for teenagers, can be dismissed too easily and do not lead to a significant reduction or real control of the use of the service.

It also calls into question the effectiveness of parental controls. According to the Commission, these mechanisms are only truly useful if parents or guardians have sufficient technical knowledge and dedicate time and effort to understanding how they work. Namely, Brussels interprets that this dependence on external skills reduces the effectiveness of controls in addressing the risks inherent to the addictive design of both platforms.

Along the same lines, the Commission considers that Meta’s awareness-raising measures, such as advice or links to mental health resources from a separate “safety centre”, do not seem to sufficiently mitigate the risk derived from that design. Therefore, in this phase of the procedure, it suggests that Meta should introduce product changes on Instagram and Facebook, including disabling by default key functions such as autoplay and infinite scroll, implementing effective screen time breaks and adapting its recommendation algorithms so that they depend less on engagement.

Meta will be able to defend himself before a possible sanction

The Commission recalls that these conclusions are still preliminary and do not prejudge the final result of the investigation. That’s why, Meta will now be able to exercise his right of defenseexamine the documentation in the file and respond in writing. In parallel, the European Council for Digital Services will also be consulted.

If Brussels’ preliminary position is confirmed, the Commission could issue a formal non-compliance decision. In that case, the DSA allows fines of up to 6% of global annual turnover of the supplier, depending on the nature, severity, repetition and duration of the infringement. Executive Vice-President Henna Virkkunen has summarized the Commission’s approach with a clear idea: “Protecting the physical and mental health of Europeans must be a priority for social media platforms.”