The European Commission has issued a preliminary finding that certain design features on Instagram and Facebook may breach the European Union’s Digital Services Act (DSA), intensifying scrutiny of Meta’s practices and potentially setting up one of the most consequential enforcement cases under the bloc’s newly implemented tech rules.
In an announcement published on the European Commission’s official website under the title “Commission preliminarily finds addictive design of Instagram and Facebook in breach of Digital Services Act,” regulators said that elements of Meta’s platforms may exploit users’ behavioral patterns in ways that risk harm, particularly to minors. The Commission pointed specifically to design techniques that encourage prolonged engagement, including infinite scrolling and persistent notifications, suggesting these could qualify as “addictive” under the DSA’s framework.
The DSA, which came into force in 2024, imposes strict obligations on very large online platforms to mitigate systemic risks, including threats to mental health and well-being. According to the European Commission’s digital strategy overview, the law represents a major overhaul of platform accountability in the EU. The Commission argues that Meta’s current approach may fall short of these requirements by failing to adequately assess and curb the negative psychological effects linked to compulsive use of its services.
According to the Commission’s preliminary assessment, Meta has not sufficiently demonstrated that it has implemented effective measures to address risks stemming from engagement-driven design. Regulators are particularly concerned about the potential impact on younger users, citing research from organizations like the American Psychological Association indicating that certain platform mechanisms can reinforce habitual or compulsive behavior.
The findings mark a significant step in an ongoing investigation and do not yet constitute a formal determination of non-compliance. Meta now has the opportunity to review the Commission’s conclusions and respond before a final decision is made. If the preliminary findings are upheld, the company could face substantial penalties, including fines of up to 6 percent of its global annual turnover, as well as mandates to alter its platform design, in line with enforcement powers outlined by the European Commission’s competition policy framework.
The case reflects the EU’s broader effort to reshape the digital economy by holding large technology companies accountable for the societal consequences of their products. Unlike previous regulatory frameworks that focused primarily on illegal content, the DSA introduces a more expansive focus on systemic risk, including how platform architecture may drive harmful user behavior, a shift also discussed by the OECD’s work on online safety.
Meta has previously stated that it is committed to complying with the DSA and has introduced various safety and transparency measures, including parental controls and tools to limit screen time. However, the Commission’s position suggests that these steps may not be sufficient to meet the regulation’s more stringent expectations.
The outcome of this investigation could have wide-ranging implications beyond Meta. A formal finding that core engagement features violate EU law would likely prompt changes across the industry, as other platforms rely on similar design strategies to retain users’ attention.
The Commission’s move also underscores a growing global debate over the ethics of “attention engineering” in digital platforms. While companies argue that engagement features are central to user experience and business viability, regulators are increasingly questioning whether such designs cross the line into manipulation or harm, a concern echoed in reports by the UNICEF Office of Global Insight and Policy.
For now, the case remains in a preliminary stage, but it signals a clear willingness by EU authorities to test the limits of the DSA and assert regulatory control over how major platforms are designed.
