The Agency, in its capacity as the Digital Services Coordinator, informs the public that the European Commission has concluded, following an investigation, that Meta has breached the Digital Services Act due to the addictive design of Instagram and Facebook. The investigation focuses on features such as infinite scrolling, autoplay, push notifications and the platforms’ highly personalised recommendation systems.
The European Commission’s investigation shows that Meta has failed to adequately assess the risks that the addictive design of its platforms poses to the physical and mental health of users, including minors and vulnerable adults.
For example, Meta failed to take into account certain design features of Instagram and Facebook – such as highly personalised recommendations, autoplay and infinite scrolling – which constantly present users with new content. These features reinforce the user’s urge to keep scrolling and put the brain into ‘autopilot mode’, contributing to unhealthy habits and compulsive use. Meta has also overlooked available data on the amount of time minors spend daily (particularly at night) on Instagram or Facebook, and on how the optimisation of its various formats – such as Reels and Stories – can lead to excessive or compulsive use of the services.
The evidence also shows that Meta’s existing risk mitigation measures have not effectively addressed the risks arising from the addictive design of its services.
Although these preliminary findings do not prejudge the final outcome of the investigation, the European Commission considers at this stage that Meta must make changes to the design of both Instagram and Facebook. Among other things, it should disable key addictive features by default, such as ‘autoplay’ and ‘endless scrolling’, introduce effective ‘screen time breaks’ and adjust its recommendation system so that it is less focused on user engagement.
Meta now has the opportunity to exercise its right of defence, during which it may examine documents from the European Commission’s investigation file and respond in writing to its preliminary findings. If the European Commission’s position is definitively confirmed, it may issue a non-compliance decision, which could result in a fine proportionate to the nature, severity, repetition and duration of the infringement, of up to 6 per cent of the provider’s total worldwide annual turnover.
