EU Finds Meta in Breach of Digital Services Act

The European Commission has issued a stark warning to Meta, the parent company of Instagram and Facebook, following a preliminary investigation into the safety of minors on its platforms.

Meta logo with blue infinity symbol and the word Meta, above the European Commission emblem and text.

According to official findings released in Brussels, Meta has allegedly breached the Digital Services Act (DSA) by failing to effectively prevent children under the age of 13 from accessing its social media services.

While Meta’s terms and conditions explicitly state that users must be at least 13 years old to create an account, the Commission’s report suggests these rules are often little more than words on a screen. Investigators found that the current age-gate systems are remarkably easy to bypass. In many cases, a minor can simply enter a false birth date to gain full access to the platforms.

The report also highlights a significant reporting hurdle. Currently, if a concerned parent or user wants to report an underage account, they may have to click through as many as seven different menus to find the correct form. Even when a report is successfully filed, the Commission found that Meta often fails to follow up, allowing reported minors to continue using the service without any further checks.

Executive Vice-President Henna Virkkunen noted that the lack of enforcement exposes children to age-inappropriate content and environments they are not yet equipped to handle. Data from across the European Union suggests that roughly 10% to 12% of children under 13 are already active on Instagram or Facebook.

“The DSA requires platforms to enforce their own rules,” Virkkunen said. “Terms and conditions should not be mere written statements, but rather the basis for concrete action to protect users, including children.”

This is not yet a final verdict, but the stakes are incredibly high. Meta now has the opportunity to review the investigation files and respond in writing. If the Commission’s preliminary findings are confirmed, the financial consequences could be staggering.

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