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EU threatens Meta with fines over 'addictive' Facebook and Instagram

The European Commission has ordered Meta to overhaul features like infinite scroll and autoplay or face potential fines for violating the Digital Services Act.

EU threatens Meta with fines over 'addictive' Facebook and Instagram
EU threatens Meta with fines over 'addictive' Facebook and Instagram

EU threatens Meta with fines over 'addictive' Facebook and Instagram

The European Commission announced Friday that Meta must overhaul the design of Facebook and Instagram to remove addictive features or face steep financial penalties. The preliminary findings follow a formal investigation launched in May 2024 to determine if the company is compliant with the Digital Services Act, a regulatory framework requiring Big Tech firms to maintain specific standards for app design and content.

Regulators focused on a combination of features including infinite scroll, autoplaying videos, push notifications and highly personalized recommendation algorithms. According to the Commission, these elements combine to keep users—including vulnerable adults and children—hooked on the platforms.

"These features fuel the user’s urge to keep scrolling and shift the brain into ‘autopilot mode’, contributing to unhealthy habits and compulsive use,"

European Commission, via press release

The Commission alleges that Meta failed to adequately assess how this design impacts the physical and mental wellbeing of its users. Investigators further claimed that Meta disregarded available information concerning the amount of time minors spend on its platforms at night and how formats such as Stories and Reels could lead to compulsive use.

Demanded Changes and Potential Penalties

To avoid sanctions, the EU is calling on Meta to disable autoplay and infinite scroll by default. The Commission also wants the company to implement effective screen-time breaks and modify its recommendation systems so they are less oriented toward user engagement.

If the findings are confirmed and Meta fails to comply, the company could be fined up to 6% of its total global annual turnover. Based on Meta's fiscal 2025 revenue, this could result in a penalty of about $12 billion, though it was noted that previous EU penalties in similar cases have been significantly lower.

EU tech chief Henna Virkkunen, Executive Vice-President for Tech Sovereignty, Security and Democracy, stated that protecting the physical and mental health of Europeans must be a priority for social media platforms.

Meta's Response

Meta has disputed the preliminary findings. A company spokesperson, Ben Walters, said the conclusions don't accurately take into account the significant steps we've taken to protect teens.

The company highlighted the launch of Teen Accounts, which Meta says automatically protect teenagers and allow parents to cap daily screen time at 15 minutes or block access to Instagram at night. Meta also maintains a safety center page that provides mental health resources and tips for avoiding harm.

However, the Commission criticized these existing safeguards. Regulators argued that time-management tools can be easily dismissed and do not lead to a meaningful reduction in usage. Additionally, the EU claimed that parental controls are only effective if guardians possess the necessary technical expertise and time to deploy them properly.

Broader Legal and Regulatory Context

This is the second time this year the European Commission has found Meta in breach of its laws; in April, the regulator ruled that Meta failed to prevent children under age 13 from accessing its services. Similar demands for design changes were made regarding TikTok in February.

The EU's actions mirror growing pressure in other regions:

  • United States: Meta faces more than 2,400 lawsuits over addictive features and recently lost court battles in New Mexico and Los Angeles. four U.S. States are seeking $1.4 trillion in penalties, alleging Meta misled the public about safety and designed its apps to addict young users. Meta also recently failed to dismiss claims brought by 29 U.S. State attorneys general.
  • Global Trends: France has pushed for a social media ban for minors following similar restrictions for those under 16 in Australia.

The Commission is also separately investigating "rabbit hole effects," where algorithmic recommendations push users toward similar content in a way that leads to prolonged viewing.

Meta now has the opportunity to review the evidence and submit a formal written response. Further developments are expected Monday when an expert panel is due to provide recommendations on shielding children from harmful online content. These findings may inform a potential Europe-wide social media ban for teenagers, which Commission President Ursula von der Leyen is expected to address during her September state of the union address.

Reporting based on coverage by techcrunch.com.

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