The European Commission has issued preliminary findings that Meta may be in breach of the Digital Services Act (DSA) over the design of Facebook and Instagram, concluding that the company’s addictive platform features may pose risks to users’ mental health and wellbeing, particularly for minors.

The investigation focuses on design features including infinite scroll, autoplay, push notifications and highly personalised recommender systems, which the Commission says encourage prolonged engagement and compulsive use.

According to the Commission, Meta failed to adequately assess the systemic risks associated with these features, including their impact on vulnerable users. The preliminary findings state that Meta did not sufficiently consider how recommendation algorithms, reels, stories and continuous content feeds could contribute to excessive use, nor did it adequately account for evidence showing minors spending significant time on the platforms during nighttime hours.

The Commission also concluded that Meta’s existing mitigation measures are insufficient. Features such as screen time management tools, including those enabled by default for teenagers, can reportedly be dismissed easily and do not meaningfully reduce usage. Similarly, parental controls were found to rely heavily on parents’ technical knowledge and ongoing involvement, limiting their effectiveness.

The Commission further found that Meta’s awareness initiatives, including links to mental health resources through its Safety Centre, do not sufficiently mitigate the risks associated with addictive platform design.

As part of its preliminary assessment, the Commission suggests Meta should implement design changes on both Facebook and Instagram. Proposed measures include disabling autoplay and infinite scroll by default, introducing more effective screen-time break mechanisms, and modifying recommendation systems to place less emphasis on user engagement.

The findings form part of the Commission’s formal DSA investigation launched in May 2024. The case is based on Meta’s risk assessment reports, internal company documents, responses to information requests, scientific research and expert consultations.

Meta now has the opportunity to respond to the Commission’s findings before a final decision is adopted. If the Commission ultimately confirms the infringement, it may impose fines of up to 6% of Meta’s total worldwide annual turnover under the Digital Services Act.

The Commission is also continuing separate DSA investigations into Meta’s age assurance measures for users under 13 and the potential “rabbit hole” effects of Facebook’s and Instagram’s recommender systems on minors.