European Commission preliminarily finds Meta’s platform design in breach of the DSA

The European Commission has preliminarily found Meta in breach of the Digital Services Act over the design of Instagram and Facebook.

The investigation concerns features including infinite scroll, autoplay, push notifications and highly personalised recommender systems. According to the Commission, Meta did not adequately assess how these features may affect users’ physical and mental well-being, particularly minors and vulnerable adults.

The Commission also found that Meta’s existing safeguards may be insufficient. It said time-management tools can be easily dismissed, while parental controls require considerable time and technical knowledge to use effectively.

At this stage, the Commission considers that Meta should make design changes. These could include disabling autoplay and infinite scroll by default, introducing more effective screen-time breaks and reducing the focus of recommender systems on engagement.

The findings are preliminary and do not determine the final outcome. Meta can examine the Commission’s evidence and submit a written response. The European Board for Digital Services will also be consulted.

The proceedings began on 16 May 2024. If the findings are confirmed, the Commission could adopt a non-compliance decision and impose a fine of up to 6% of Meta’s total worldwide annual turnover.