Ofcom investigates Meta over Instagram Instants feature

Ofcom investigates Meta over Instagram Instants feature

The UK communications regulator, Ofcom, has launched a formal investigation into Mark Zuckerberg’s Meta over the launch of a new product on Instagram. The inquiry centers on whether the $1.9tn (£1.4tn) technology company conducted a suitable and sufficient risk assessment before introducing Instagram Instants in May 2026.

Instagram Instants is a temporary sharing feature that allows users to send photos that disappear after they are viewed. While the temporary nature of the service is designed for more private moments, Ofcom is examining whether Meta sufficiently considered how the feature could facilitate illegal activity or expose children to harmful experiences. The regulatory oversight falls under the UK’s Online Safety Act (OSA), which mandates that regulated user-to-user platforms evaluate risks prior to rolling out significant design or operational changes.

Regulatory Stance and Legal Framework

Under the Online Safety Act, platforms must maintain updated risk assessments reflecting the characteristics of a service, its user base, and potential illegal content. Companies are also required to evaluate potential risks to children, including the possibility of minors encountering harmful material through platform features and algorithms.

George Lusty, Ofcom’s director of enforcement, emphasized that safety considerations must be integrated during product development rather than addressed after release.

"Safety by design must be built in, not bolted on, and today’s investigation shows we’ll take action where we have concerns that providers are failing to comply."

George Lusty, Director of Enforcement, via The Guardian and LBC

Lusty added a direct comparison regarding industry standards:

"You wouldn’t launch a new car without testing it properly, and it’s the same for online services."

George Lusty, Director of Enforcement, via The Guardian and LBC

The probe does not establish that Meta has breached UK law, and Ofcom will assess company compliance throughout the investigation. If Ofcom finds that Meta has broken the law, the regulator will require the tech firm to take steps to come into compliance or remedy any harm caused. Should Meta fail to comply, potential enforcement actions range from formal warnings to financial penalties.

Meta’s Response and In-Built Protections

Meta maintains that it takes its regulatory obligations seriously and engaged with the regulator prior to rolling out the product. A Meta spokesperson stated:

"We conducted a risk analysis and briefed Ofcom about this feature on a number of occasions before launching it."

Meta spokesperson, via The Guardian and LBC

The company further noted that it will cooperate fully with Ofcom during the investigation.

According to Meta, the Instants feature includes several integrated safety protections. These mechanisms include blocking screenshots, blocking reshares and forwarding, omitting a public feed, and applying default Teen Account protections automatically for users under 18 across Instagram, Facebook, and Messenger.

Charitable organizations have weighed in on the regulatory action. The Molly Rose Foundation, a charity established by the family of Molly Russell—a teenager who took her own life after viewing harmful content on Instagram—stated that it was crucial that Meta be held to account for their failures under the Online Safety Act.

Broader Regulatory Context and Enforcement

The investigation into Instagram Instants runs parallel to other regulatory pressures facing Meta in the UK. Ofcom is already investigating whether Meta breached the law by failing to comply with a request for information related to its WhatsApp platform. Furthermore, Meta is challenging Ofcom in court on multiple fronts regarding the Online Safety Act, including a high court challenge over how the regulator charges tech firms operating costs, another challenge concerning placement in a new regulatory category with additional duties, and a joint challenge with TikTok and Elon Musk’s X over information demands.

Across the wider regulatory landscape, Ofcom has actively penalized platforms for non-compliance with the digital safety regime.

Enforcement Metric / Entity	Details
Ofcom Overall Enforcement	More than £7 million in fines issued against 11 providers since October 2025 regarding breaches of the Online Safety Act.
4Chan Penalty	Received a £520,000 fine, including £450,000 for failing to protect children from pornography, which led to an unsuccessful US legal challenge by the website.
Potential Meta Penalties	Fines of up to £18 million or 10 percent of qualifying worldwide revenue, whichever is greater, depending on investigation outcomes and compliance failures.

The ongoing legal friction between major tech platforms and British regulators highlights the strict enforcement posture surrounding the Online Safety Act. As Ofcom continues its probe into Instagram Instants, the watchdog's findings will test the practical application of "safety by design" mandates for ephemeral messaging and disappearing content features.