Today, the European Commission (EC) announced a preliminary finding that Meta is in breach of the EU's Digital Services Act, citing the "addictive design" of Instagram and Facebook.
The investigation specifically examines features such as infinite scroll, autoplay, push notifications, and highly personalized recommendation systems. The EC's inquiry suggests that Meta "did not adequately assess the risks of its addictive design on the physical and mental wellbeing of users, including minors and vulnerable adults."
The EC's official press release states that highly personalized recommendations, autoplay, and infinite scroll "fuel the user's urge to keep scrolling and shift the brain into 'autopilot mode', contributing to unhealthy habits and compulsive use."
Additionally, the EC claims that Meta "disregarded available information about the 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."
The time management tools offered by Instagram and Facebook, including those activated by default for teens, "can be easily dismissed and do not lead to a meaningful reduction in usage control," according to the EC. Furthermore, Meta's parental controls are deemed effective only if parents and guardians "possess adequate technical expertise," undermining their efficiency in mitigating the risks posed by the addictive design of these services.
The EC has found that Meta's Safety Center, which provides tips and links to mental health resources, does not "sufficiently mitigate the risk of addictive design on Facebook and Instagram." The Commission asserts that Meta needs to implement design changes for both platforms, specifically by disabling key addictive features such as "autoplay" and "infinite scroll" by default, introducing effective "screen time breaks," and modifying its recommendation systems to be less engagement-oriented.
Meta will now have the opportunity to defend itself. If the Commission's stance is upheld following this process, it may issue a non-compliance decision, potentially leading to a fine "proportionate to the nature, gravity, recurrence, and duration of the infringement," with a cap of 6% of Meta's total worldwide annual turnover.
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