European Commission preliminarily finds Meta’s addictive platform design breaches the DSA

The European Commission has issued preliminary findings that Meta’s design of Instagram and Facebook breaches the Digital Services Act (DSA), arguing that features designed to maximise engagement may encourage compulsive use and fail to adequately protect children and other vulnerable users.

The investigation focuses on platform features including infinite scroll, autoplay, push notifications and highly personalised recommender systems.

According to the Commission’s preliminary assessment, Meta failed to properly evaluate the risks these features pose to users’ physical and mental well-being. Investigators found that personalised recommendations, continuous content feeds and engagement-driven formats such as Reels and Stories can encourage excessive use, particularly among younger users.

The Commission also said Meta failed to adequately consider evidence showing that children spend significant time on Instagram and Facebook during nighttime hours.

The Commission also concluded that Meta’s existing mitigation measures are insufficient. Screen time tools, including those enabled by default for teenagers, can easily be dismissed and do not meaningfully reduce usage.

Parental controls were also found to require considerable technical knowledge and active supervision, while educational resources available through Meta’s Safety Centre were considered inadequate to mitigate the risks associated with addictive platform design.

According to the Commission, Meta should redesign several core platform features, including disabling autoplay and infinite scroll by default, introducing more effective screen-time reminders and reducing the engagement-driven nature of its recommender systems.

The findings are preliminary, and Meta now has the opportunity to examine the Commission’s evidence and submit a formal response before a final decision is adopted. If the infringement is ultimately confirmed, the company could face fines of up to 6% of its global annual turnover under the Digital Services Act.

Why does it matter?

The case represents one of the EU’s most significant attempts to regulate platform design rather than online content. If confirmed, it would establish an important precedent for how very large online platforms design recommender systems, engagement mechanisms and user interfaces under the Digital Services Act, particularly where children and vulnerable users are concerned.

More broadly, the case signals that European regulators are increasingly willing to scrutinise the business models underpinning social media platforms, not just the content they host. That could influence how digital platforms design engagement features well beyond the EU.

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