The European Commission has issued preliminary findings that internet giant Meta are in breach of the EU’s Digital Services Act for the addictive design of Instagram and Facebook.
The investigation focuses on features such as infinite scroll, autoplay, push notifications, and the platforms’ highly personalised recommender systems, says the Commission.
The Commission’s investigation indicates that Meta did not adequately assess the risks of its addictive design on the physical and mental wellbeing of users, including minors and vulnerable adults.
For example, Meta did not consider certain design features of Instagram and Facebook, such as highly personalised recommendations, autoplay and infinite scroll, which constantly show users new content. These features fuel the user’s urge to keep scrolling and shift the brain into ‘autopilot mode’, contributing to unhealthy habits and compulsive use.
Meta also disregarded available information about the time minors spend on Instagram or Facebook at night and how the optimisation of its different formats – such as reels and stories – could lead to excessive or compulsive use of the services.
According to the EU executive, evidence also shows that Meta’s current mitigation measures failed to effectively tackle the risks stemming from its addictive design.
For example, Instagram’s and Facebook’s time management tools, including those activated by default for teens, can be easily dismissed and do not lead to a meaningful reduction and control of the usage of the service.
Moreover, the Commission considers that Meta’s parental controls are only effective if parents and guardians possess adequate technical expertise, as well as devote effort and time to understand them effectively. This, it says, undermines the efficiency of such measures in addressing the inherent risks posed by Instagram and Facebook’s addictive design.
Meta’s awareness-raising measures, such as tips and links to mental health resources available via a separate ‘safety centre’ page, do not seem to sufficiently mitigate the risk of addictive design on Facebook and Instagram.
At this stage of the investigation, the Commission considers that Meta needs to implement design changes to both Instagram and Facebook. For instance, by disabling key addictive features such as ‘autoplay’ and ‘infinite scroll’ by default, implementing effective ‘screen time breaks’, and adapting its recommender system to make it less engagement-oriented.
The Commission stresses that the preliminary findings do not prejudge the final outcome of the investigation.
Meta can now exercise its right to defence. It can examine the documents in the Commission’s investigation files and reply in writing to the Commission’s preliminary findings. In parallel, the European Board for Digital Services will be consulted.
If the Commission’s views are ultimately confirmed, the Commission may issue a non-compliance decision, which can trigger a fine proportionate to the nature, gravity, recurrence and duration of the infringement, capped at 6% of the total worldwide annual turnover of the provider.
The Commission’s preliminary findings today are part of its formal proceedings to investigate Meta’s compliance with the Digital Services Act, launched on 16 May 2024.
