European Commission Finds Meta's Instagram and Facebook Design Violates Digital Services Act

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Today, the European Commission (EC) announced that it has provisionally determined that Meta has violated the EU's Digital Services Act due to what it describes as the "addictive design" of Instagram and Facebook.

Specifically, the investigation examines elements such as infinite scroll, autoplay, push notifications, and the platforms' highly personalized recommendation systems. The EC's inquiry suggests that Meta "did not adequately assess the risks associated with its addictive design on the physical and mental well-being of users, including minors and vulnerable adults."

According to the EC's official press release, features like personalized recommendations, autoplay, and infinite scroll "fuel the user's urge to keep scrolling and shift the brain into 'autopilot mode', which contributes to unhealthy habits and compulsive use."

European Commission says Instagram and Facebook's addictive design breaches the Digital Services Act

The Commission also argues that Meta "disregarded available information regarding the amount of time minors spend on Instagram or Facebook at night, and how the optimization of its various formats, such as reels and stories, could lead to excessive or compulsive use of the services."

Moreover, the time management tools provided by Instagram and Facebook, including those automatically set for teenagers, "can be easily dismissed and do not facilitate meaningful reductions in service usage," according to the EC. The Commission further asserts that Meta's parental controls are only effective if parents and guardians possess sufficient technical knowledge, which undermines the effectiveness of these measures in addressing the risks posed by the services' addictive design.

The EC has found that Meta's Safety Center, which offers tips and links to mental health resources, does not sufficiently mitigate the risks associated with the addictive design on Facebook and Instagram. The Commission believes that Meta must implement design changes, such as disabling key addictive features like 'autoplay' and 'infinite scroll' by default, introducing effective 'screen time breaks', and modifying its recommendation system to be less focused on engagement.

Meta now has the opportunity to respond to these findings. Should the Commission's stance be confirmed afterward, it could issue a non-compliance ruling, potentially resulting in a fine that is proportionate to the nature, severity, recurrence, and duration of the violation, capped at 6% of Meta's total worldwide annual revenue.

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