EU ISSUES PRELIMINARY FINDING THAT INSTAGRAM AND FACEBOOK BREACH DIGITAL SERVICES ACT

The European Commission has issued preliminary findings that Meta's Instagram and Facebook breach the Digital Services Act through what the Commission describes as addictive design. The findings are not a final ruling. Meta has the opportunity to respond, review the Commission's case file and dispute the allegations before any final decision is made. Meta said it disagrees with the preliminary findings.

The Commission said Meta failed to properly assess and mitigate risks linked to features including autoplay, infinite scroll, personalised recommendations and push notifications. According to the Commission, those design choices can "fuel the user's urge to keep scrolling" and shift the brain into "autopilot mode," contributing to compulsive use and possible risks to users' physical and mental wellbeing. Those characterisations are the Commission's preliminary assessment, not a court finding or final regulatory decision.

The Commission's concern is especially focused on minors. Under the Digital Services Act, very large online platforms are required to assess and mitigate systemic risks linked to their services, including risks affecting minors, public health and user wellbeing. The Commission says Meta's systems did not adequately address how engagement-driven product design could affect younger or vulnerable users. Meta disputes the findings and says it has taken steps to protect young people online.

To address the Commission's concerns, Meta would need to make changes to how Instagram and Facebook operate in the European Union. The Commission said compliance would require disabling autoplay and infinite scroll by default, implementing effective screen-time breaks, and adapting recommender systems so they are less oriented around keeping users engaged for longer periods. Those are regulatory expectations described by the Commission at this preliminary stage. Meta has not accepted the findings as correct.

The case adds to growing regulatory pressure on social media platforms over design choices that encourage continuous use. Infinite scroll, autoplay and algorithmic recommendations have become central to how major platforms hold attention, but regulators, researchers, parents' groups and mental-health advocates have increasingly argued that those features can make it harder for users, especially minors, to stop using the service. The Commission's findings place that debate inside the European Union's formal platform-regulation system.

If the Commission ultimately makes a final finding of breach, Meta could face fines of up to 6 percent of global annual revenue under the Digital Services Act. Based on Meta's most recent annual earnings, outlets including CNBC and CNN reported that the potential exposure could exceed $12 billion. That figure is a possible maximum penalty calculation, not a fine that has been imposed. The Commission could also require product changes if it concludes that Meta failed to meet its obligations under the act.

In a statement reported by CNBC and other outlets, Meta said: "We disagree with these preliminary findings." The company has pointed to safety and teen-protection tools it says it has introduced, including controls for younger users. The Commission's position is that those measures do not adequately address the risks it identified. The dispute will now move through the European Union's enforcement process before any final decision is reached.

The next developments to watch are Meta's formal response, any changes the company makes to Instagram and Facebook in Europe, and whether the Commission moves from preliminary findings to a final breach decision. For now, the public record is that the European Union has issued preliminary findings against Meta under the Digital Services Act, Meta denies the findings, and no penalty has been imposed.

Fact-check date: 12 July 2026
Article type: News
Sources: European Commission press release IP/26/1579; CNN; Al Jazeera; CNBC; Euronews; The Register