The European Commission said Tuesday it has preliminarily found Meta’s Instagram and Facebook in breach of the Digital Services Act, accusing the platforms of failing to properly address the risk of children under 13 using their services.
The finding, announced by the European Commission, says Meta has not done enough to identify, assess and reduce the risks tied to children under 13 accessing Instagram and Facebook.
Meta’s own rules set 13 as the minimum age for using both platforms. But the Commission said the company’s safeguards do not appear effective enough to stop children under 13 from creating accounts or to quickly identify and remove them after they gain access.
Children can enter a false birth date when creating an account, the Commission said, with no effective controls in place to verify whether the information is accurate.
The EU executive also criticized Meta’s reporting system for underage users, calling it difficult to use and ineffective. The Commission said it can take up to seven clicks to reach the reporting form, which is not automatically prefilled with the user’s information.
Even when a child under 13 is reported, the Commission said, there is often no proper follow-up. In some cases, the reported user can continue using the service without further review.
The preliminary findings also criticized Meta’s risk assessment, which the Commission described as incomplete and arbitrary. The Commission said the assessment did not properly account for the risk of children under 13 accessing Instagram and Facebook or being exposed to age-inappropriate experiences.
Evidence gathered across the European Union shows that about 10% to 12% of children under 13 are using Instagram, Facebook or both, the Commission said. It also said Meta appears to have overlooked scientific research showing that younger children are more vulnerable to possible harm from platforms such as Facebook and Instagram.
The Commission’s findings said Instagram and Facebook need to change how they measure those risks and improve the systems they use to prevent, detect and remove users under 13. The platforms must also provide strong privacy, safety and security protections for minors, it said.
Instagram and Facebook may now examine the Commission’s investigation files and respond in writing. The platforms may also propose remedies in line with the 2025 DSA Guidelines on the protection of minors.
If the Commission’s findings are confirmed, it may issue a non-compliance decision and impose a fine of up to 6% of the provider’s total worldwide annual turnover. The Commission may also impose periodic penalty payments to compel compliance.
The findings are preliminary and do not prejudge the final outcome of the investigation.
The case is part of formal proceedings the Commission opened against Instagram and Facebook under the DSA on May 16, 2024. The Commission said it is continuing to investigate other potential breaches, including whether Meta has met its obligations to protect minors and safeguard users’ physical and mental well-being.
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