EU Commission finds Meta may have breached Digital Services Act over child safety failures

The European Commission has preliminarily found that Meta may be in breach of the Digital Services Act (DSA) over its handling of underage users on Instagram and Facebook.

The findings focus on the company’s failure to adequately prevent children under the age of 13 from accessing its platforms, despite this being the minimum age set in its own terms of service.

According to the Commission, existing safeguards rely largely on users declaring their age, which can be easily bypassed. There are also concerns about the effectiveness of tools for reporting underage users, which are described as difficult to access and lacking follow-up.

The Commission also questioned Meta’s risk assessment practices, stating that they do not sufficiently account for the presence of underage users or the risks they may face. This includes exposure to age-inappropriate content and platform features that may affect their safety and well-being.

As part of the next steps, Meta has the opportunity to respond to the findings and propose measures to address the identified issues. The investigation remains ongoing, and no final decision has been made.

If the concerns are confirmed, the Commission could impose fines of up to 6% of Meta’s global annual turnover, as well as require changes to its systems and practices.