EU presses Meta to alter Facebook and Instagram design
The European Commission says autoplay, infinite scroll and recommendations may breach the Digital Services Act, exposing Meta to fines.
By Hana Yoshida · Markets Reporter
3 min read
The European Union is warning Meta that Facebook and Instagram may need design changes after regulators preliminarily found that key features can encourage compulsive use. The finding matters because a final breach under the Digital Services Act could expose Meta to fines of up to 6% of its global annual turnover.
The European Commission said Thursday that its investigation found Meta had not properly assessed risks linked to features including autoplay, endless scrolling and highly personalized recommendations. According to the Commission, those tools can keep users scrolling and may harm the physical and mental well-being of users, including minors and vulnerable adults.
The Commission said Meta should consider turning off autoplay and infinite scroll by default, adding more effective screen-time breaks and changing recommendation systems so they place less weight on engagement. The finding is preliminary, and Meta will have a chance to respond before regulators reach a final decision in the coming months.
Meta disputes the Commission’s view. Company spokesperson Ben Walters told Reuters that the findings do not reflect the steps Meta says it has taken to protect teenagers, including Teen Accounts that apply protections automatically and give parents tools to block nighttime Instagram access or limit daily screen time to 15 minutes.
The Commission said those measures have not adequately addressed the risks it identified. Regulators also said parental controls depend on parents or guardians having enough technical knowledge, time and attention to use them effectively, limiting their value for children.
Henna Virkkunen, the EU’s tech chief, told Reuters that the Commission’s position is that Meta’s design is too addictive and must change. She said Meta can alter its design or face a non-compliance decision, and the Commission said its priority is protecting Europeans’ physical and mental health.
Pressure builds in Europe and the US
The EU review comes as governments scrutinize children’s use of social media. The Commission said it is due to receive expert findings Monday that could support a possible Europe-wide social media ban for teenagers.
Meta is also fighting claims in the United States. Reuters reported that Meta recently failed to dismiss a lawsuit brought by 29 states alleging Facebook and Instagram addict children. Reuters also reported that the states may seek up to $1.4 trillion in penalties if Meta is found liable in a trial scheduled to begin in August.
California Attorney General Rob Bonta told Reuters that Meta had put profits ahead of children’s safety and contributed to a youth mental health crisis. Meta has denied wrongdoing in the broader legal fights, according to Reuters.
AI data practices draw separate criticism
Meta has faced additional criticism over Muse, an AI model that uses public Instagram photos and videos. NBC News reported that its testing found Muse could create deepfakes of celebrities and ordinary people, and that Meta’s detection tools did not catch every case.
Meta said most users were opted in by default, with exceptions for private accounts and users under 18 whose sharing and reuse settings were off by default. Reuters reported that Meta said users can opt out in a few clicks, while privacy advocates criticized the company for not seeking direct consent.
This story draws on original reporting from Ars Technica.