EU sees rule violations at Instagram and Facebook

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The European Commission has warned Meta: Endless feeds, autoplay, and personalized recommendations on Facebook and Instagram could violate European digital regulations. The core accusation is that the company has not adequately assessed the risks to its users' health of a deliberately captivating design.

For Meta, this is not the first conflict with Brussels: Already The Commission saw a violation in the "agree or pay" model. against EU rules. This time, however, it's not about advertising and data protection, but about how much Facebook and Instagram keep their users glued to their screens. In preliminary findings, the European Commission accuses the company of violating the Digital Services Act (DSA) – the law that obliges online platforms in the EU to provide greater security and transparency.

What the EU Commission accuses Meta of

The investigation focuses on features such as endless scrolling, autoplay of content, push notifications, and highly personalized recommendation systems. After assessment The Commission found that Meta had not sufficiently assessed the risks of this „addictive design” to the physical and mental well-being of users – explicitly including minors and particularly vulnerable adults.

According to the commission, such features fuel the urge to scroll endlessly and put the brain into a kind of autopilot mode. Specifically, the auditors criticize Meta for ignoring available evidence about how much time minors spend on Instagram or Facebook at night and how the optimization of formats like Reels and Stories can lead to excessive use.

The existing safeguards also fail to convince the Commission: the time-limiting tools could be too easily bypassed, and parental controls were only effective if parents had the necessary technical knowledge and enough time to understand them.

What changes are being considered?

As things stand, the Commission considers adjustments to both platforms necessary. Possible measures could include disabling features like autoplay and endless scrolling by default, introducing effective screen breaks, and restructuring the recommendation system so that it is less focused on maximizing viewing time.

Meta's objection and a substantial fine

Meta strongly disagrees with the findings. They fail to adequately consider the extensive steps the company has taken to protect young people. Legally, this is initially a preliminary assessment: Meta can now review the investigation file and submit a written statement.

Should the Commission ultimately confirm its preliminary assessment, it will be costly for the company. The company could then face a fine of up to six percent of its global annual turnover.

Why this is about the DSA – and what that means for Europe

For context, it's important to distinguish between two EU laws that are often lumped together. The Digital Markets Act (DMA), familiar from the Apple case, regulates fair competition between large platforms. The Digital Services Act (DSA), relevant here, concerns online security – from moderating illegal content to protecting minors from systemic risks.

For users in Germany, Austria, and the rest of the EU, this case is directly relevant: Should the Commission's position prevail, Facebook and Instagram could function noticeably differently in Europe than they do today – with less of an automatic pull in the feed. Whether it actually comes to that depends on the outcome of the proceedings. At the same time, the debate is not one-sided: Proponents see long-overdue protection, especially for young people, while critics warn against overly extensive interventions in the design of private services and place greater emphasis on users' personal responsibility.

A precedent for platform regulation

Regardless of the specific outcome, this initiative demonstrates how seriously the EU now takes the issue of platform design. For the first time, the focus is not on a single piece of content, but on the fundamental mechanics by which social networks capture attention. How the Commission decides this case is likely to have a significant impact on the entire industry, far beyond Meta. (Image: Shutterstock / davide bonaldo)