EU Commission Investigates Meta Under Digital Services Act for Minors Protection

Brussels (Brussels Morning) – The European Commission has unlocked formal proceedings to evaluate whether Meta, the provider of Facebook and Instagram, may have violated the Digital Services Act (DSA) in areas connected to the protection of minors. 

What Prompted the European Commission’s Formal Inquiry Against Meta?

The European Commission is concerned that the procedures of both Facebook and Instagram, including their algorithms, may prompt behavioural addictions in children, as well as develop so-called ‘rabbit-hole effects’. In addition, the EU Commission is also concerned regarding age-assurance and verification methods set in place by Meta.

According to the European Commission, the opening of proceedings is based on a preliminary investigation of the risk assessment report sent by Meta in September 2023, Meta’s responses to the Commission’s formal requests for information on the safety of minors and the methodology of the risk assessment, publicly available reports as well as the Commission’s analysis.

What Are the European Commission’s Concerns Regarding Meta’s Practices?

The current proceedings address the following scopes: Meta’s adherence with DSA obligations on assessment and mitigation of risks generated by the design of Facebook’s and Instagram’s online interfaces, which may manipulate the weaknesses and inexperience of minors and cause addictive behaviour, and/or reinforce so-called ‘rabbit hole’ effect. Such an examination is required to counter potential risks for the exercise of the fundamental right to the material and mental well-being of children as well as to the respect of their rights.

Meta’s compliance with DSA conditions in relation to the mitigation measures to control access by minors to inappropriate content, notably age-verification tools utilised by Meta, which may not be appropriate, proportionate and effective; Meta’s compliance with DSA responsibilities to put in place appropriate and proportionate efforts to ensure a high level of privacy, safety and security for minors, particularly concerning default privacy settings for minors as a component of the design and functioning of their recommender systems.

What Steps Will the European Commission Take in the Investigation?”

In the Next Steps, the Commission will now undertake an in-depth investigation as a matter of preference and will continue to gather evidence, for example by transmitting additional requests for information and conducting interviews or inspections. 

The beginning of formal proceedings empowers the Commission to take additional enforcement steps, such as adopting interim standards and non-compliance decisions. The Commission is also empowered to carry commitments made by Meta to remedy the issues raised in the proceedings.

Why Were Facebook and Instagram Identified as Very Large Online Platforms?

Facebook and Instagram were specified as Very Large Online Platforms (VLOPs) on 25 April 2023 under the EU’s Digital Services Act, as they both contain more than 45 million monthly active users in the EU. 

As VLOPs, four months from their identification, i.e. at the end of August 2023, Facebook and Instagram had to begin complying with a series of commitments set out in the DSA. Since 17 February, the Digital Services Act has involved all online intermediaries in the EU. 

What Other Proceedings Has the Commission Initiated Against Meta?”

Moreover, On 30 April 2024, the Commission had already extended formal proceedings against Meta, in relation to both Facebook and Instagram, on misleading advertising, political content, notice and activity mechanisms, data access for researchers, as well as the non-availability of an adequate third-party real-time civic discourse and election-monitoring mechanism ahead of the European Parliament elections.