A preliminary investigation has revealed that Meta's Instagram and Facebook platforms are in breach of the EU’s Digital Services Act (DSA) due to their "addictive" design, which poses a significant threat to the 'physical and mental wellbeing of users.' This finding could compel Meta to undertake substantial redesigns of both applications and potentially incur a hefty fine, reaching up to $12 billion.
The European Commission explicitly stated that Meta failed to "adequately assess the risks of its addictive design on the physical and mental wellbeing of users, including minors and vulnerable adults." The Commission specifically highlighted features such as personalized recommendations, autoplay functionality, and infinite scroll, asserting that these mechanisms "fuel the user’s urge to keep scrolling and shift the brain into ‘autopilot mode.’"
Furthermore, the report levied criticism against the efficacy of Meta's existing tools designed to help users manage their screen time. It noted that time management features are readily dismissible, parental controls demand considerable technical expertise, effort, and time from parents to be truly effective, and Meta’s current mental health awareness initiatives are deemed insufficient to adequately mitigate the identified risks.
In response to these findings, the Commission indicated that Meta might be required to undertake significant redesigns of both Facebook and Instagram. Proposed changes include defaulting autoplay and infinite scroll features to an off setting, introducing more effective screentime breaks, and re-calibrating the recommendation algorithm to be "less engagement-oriented."
Initiated in May 2024, the European Commission’s investigation is also concurrently examining Meta’s age verification protocols and content safeguards for minors. Meta will now be afforded the opportunity to present its defense. However, should the Commission's decision be finalized, the company could face a non-compliance penalty amounting to as much as 6 percent of its worldwide annual turnover. Based on its 2025 turnover of $200.97 billion, this could translate into a potential fine reaching $12 billion.
This decision emerges as the EU concurrently explores the implementation of a bloc-wide prohibition on social media access for individuals under 16, with a pertinent report from the European Commission anticipated next Monday. Furthermore, Meta is slated to face a trial in the US in August concerning allegations that its applications are intentionally addictive, where four states are reportedly seeking cumulative penalties that could amount to $1.4 trillion.
Henna Virkkunen, the Commission’s tech policy chief, underscored the imperative, stating, "Protecting the physical and mental health of Europeans must be a priority for social media platforms." She further emphasized, "The Digital Services Act provides a clear framework to hold platforms accountable for the addictive design and effects of their services. We are fully committed to enforcing our legislation in Europe."
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