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European Commission Finds Meta’s Instagram and Facebook in Preliminary Breach of Digital Services Act

Brussels: The European Commission has preliminarily determined that Meta's platforms, Instagram and Facebook, are in breach of the Digital Services Act due to their addictive design elements. This assessment was released following an investigation into features like infinite scroll, autoplay, push notifications, and highly personalized recommender systems that contribute to prolonged user engagement. The investigation underscores the potential risks these designs pose to the mental and physical wellbeing of users, especially minors and vulnerable adults.

According to Cyprus News Agency, the Commission found that Meta's risk assessment measures were inadequate in addressing these concerns. It highlighted that Meta failed to consider how design features like autoplay and infinite scroll contribute to compulsive usage, thereby increasing the risk of developing unhealthy habits. Additionally, the investigation noted that Meta's awareness-raising efforts and parental control tools were insufficient in mitigating these risks, as they require significant technical knowledge and effort to be effective.

The Commission has suggested several design changes for Meta, including disabling autoplay and infinite scroll by default and implementing effective screen time breaks. These measures aim to make the platforms less engagement-oriented and reduce their addictive potential. Meta now has an opportunity to respond to the Commission's findings and exercise its right of defense. If the preliminary assessment is upheld, the Commission may issue a non-compliance decision, which could lead to a significant financial penalty for Meta.

This preliminary finding is part of the European Commission's formal proceedings, which commenced on May 16, 2024, to ensure Meta's compliance with the Digital Services Act. The investigation incorporates an in-depth analysis of Meta's internal data, risk assessments, and scientific research, focusing on the impact of the platforms' design on users.

The Commission also continues to investigate Meta's age assurance measures for minors and the 'rabbit hole' effects of its recommender systems, which are suspected of exploiting user vulnerabilities. These efforts reflect the Commission's commitment to safeguarding user wellbeing and holding digital platforms accountable under European law.