EU Takes Action Against Meta Over Allegations of Child Protection Failures

Today, the European Commission has initiated formal proceedings to evaluate whether Meta, the parent company of Facebook and Instagram, has violated the Digital Services Act (DSA) concerning the safeguarding of minors.

The Commission’s concerns revolve around the potential for Facebook and Instagram, including their algorithms, to encourage addictive behaviors and facilitate what is known as the ‘rabbit-hole effect’ among children. Additionally, the Commission questions Meta’s methods of age verification.

This move follows a preliminary analysis of a risk assessment report submitted by Meta in September 2023. The investigation focuses on three key areas:

1. Meta’s adherence to DSA obligations regarding the assessment and mitigation of risks arising from the design of Facebook’s and Instagram’s interfaces, which may exploit minors’ vulnerabilities and contribute to addictive behavior.
2. Meta’s compliance with DSA requirements concerning measures to prevent minors from accessing inappropriate content, particularly the effectiveness of age-verification tools.
3. Meta’s fulfillment of DSA obligations to implement appropriate measures ensuring privacy, safety, and security for minors, especially concerning default privacy settings within their recommender systems.

Any proven failures in these areas could constitute violations of Articles 28, 34, and 35 of the DSA.

However, the initiation of formal proceedings does not imply a predetermined outcome and does not preclude further action by the Commission on other potential infringements under the DSA.

The Commission will conduct a thorough investigation as a priority, gathering evidence through additional requests for information, interviews, or inspections.

The formal proceedings grant the Commission authority to take enforcement actions, including interim measures and non-compliance decisions. Meta may also propose commitments to address the concerns raised during the proceedings.