EU regulators issue preliminary findings against Meta over child safety failures on Instagram and Facebook

The European Commission has issued preliminary findings indicating that Meta is failing to adequately prevent minors from accessing Instagram and Facebook. Under the Digital Services Act, large online platforms are required to mitigate risks to children, yet the regulator's investigation highlights significant gaps in Meta's current approach. The findings suggest that the company's existing safeguards are insufficient to keep users under the legal age limit of 13 from engaging with its services.

The investigation identifies three primary areas of failure, including the ease with which users can misrepresent their age during account creation. Regulators also note that the mechanisms for reporting suspected underage users remain overly complex, hindering effective intervention. Furthermore, the Commission criticises Meta for employing an incomplete and arbitrary risk assessment when evaluating the dangers posed by these platforms to younger demographics.

Data presented by the European Commission indicates that approximately 10 to 12 per cent of children under 13 are currently using Instagram and Facebook. This figure directly contradicts Meta's terms of service, which mandate a minimum age of 13 for all users. The regulator argues that Meta has disregarded substantial scientific evidence from across the European Union showing that younger children are particularly vulnerable to the potential harms associated with such social media services.

Consequently, the Commission states that Meta faces potential fines of up to six per cent of its worldwide annual revenue if it fails to strengthen its detection tools and risk assessment methods. However, these findings are currently at a preliminary stage. Meta has the opportunity to review the investigation documents, submit a reply, and implement remedial measures before any final determination or penalty is imposed.

In response to the allegations, Meta stated that it continues to invest in technologies designed to detect and remove underage accounts. The company confirmed that it has measures in place to enforce its age restrictions and plans to announce further details regarding additional measures rolling out next week. This development comes as regulators and social platforms have increasingly coalesced around age verification technology as a solution, despite acknowledged privacy drawbacks.

The European Commission first opened its investigation into Meta's platforms in 2024, with a specific focus on child social media addiction. As part of its broader regulatory framework, the Commission also noted the availability of its own age verification app, which can serve as a reference for countries and companies looking to deploy similar protective measures.