Regulatory case · Case file

European Commission v Meta

Two preliminary findings against Instagram and Facebook in 2026: children under 13 and addictive design.

Court: European Commission (enforcement of the Digital Services Act). Last checked 11 October 2026.

Status: Two preliminary findings (29 April and 10 July 2026). No final decision found as at 11 October 2026.

The European Commission has now told Meta twice, in 2026, that Instagram and Facebook appear to break the Digital Services Act where children are concerned. The first finding was about under-13s using the services, and the second was about addictive design. Both are preliminary. They come from the same regulator and rest on the same law as the finding against TikTok.

Key facts

Regulator
European Commission, acting under the Digital Services Act (DSA)
Proceedings opened
16 May 2024
First preliminary finding
29 April 2026: failure to prevent under-13s using Facebook and Instagram
Second preliminary finding
10 July 2026: addictive design of Instagram and Facebook
Maximum fine
Up to 6% of total worldwide annual turnover
Status
Both findings are preliminary. No final decision, fine or commitments found

Timeline

  1. 16 May 2024The Commission opens formal proceedings against Meta over the protection of minors on Facebook and Instagram.
  2. 29 April 2026Preliminary finding that Meta breached the DSA by failing to identify, assess and reduce the risk of children under 13 using its services.
  3. 10 July 2026Preliminary finding that the addictive design of Instagram and Facebook breaches the DSA.

The first finding: children under 13

Meta’s terms say that users must be at least 13. The Commission found that Meta had not properly identified, assessed or reduced the risk of younger children using Facebook and Instagram anyway.

It said age checks rely on a birth date the user types in, that the tool for reporting an underage user takes up to seven clicks to reach, is not pre-filled and often leads to no follow-up, and that Meta’s own risk assessment was “incomplete and arbitrary”. It pointed to EU evidence that around 10 to 12% of children under 13 use the services.

It said the finding is preliminary and that the fine, if confirmed, is capped at 6% of turnover. Meta can reply in writing and put the problems right.

The second finding: addictive design

The Commission found that Meta had not adequately assessed the risks that the design of Instagram and Facebook poses to wellbeing, including that of minors and vulnerable adults, and that the measures it had taken were not effective.

The features named were the same family as in the TikTok case: infinite scroll, autoplay, push notifications and personalised recommendation systems. According to summaries of the finding, the Commission said Meta had overlooked data on minors’ night-time use and on how Reels and Stories drive compulsive use, and that parental controls and wellbeing tips are not enough.

The changes the Commission is looking for include switching infinite scroll and autoplay off by default, effective screen-time breaks, and a less engagement-driven recommender system. Commissioner Henna Virkkunen said that protecting the physical and mental health of Europeans must be a priority for social media platforms.

The possible penalty

A final decision that Meta is not complying with the DSA can bring a fine of up to 6% of its total worldwide annual turnover, plus periodic penalty payments if it keeps breaching the law. The Commission consults its Board for Digital Services first, and Meta has the right to see the evidence and respond.

What Meta has said

Responding to the July 2026 finding, Meta spokesperson Ben Walters said: “We disagree with these preliminary findings”, which he said “don’t accurately take into account the significant steps we’ve taken to protect teens”, and he pointed to Teen Accounts (reported by Al Jazeera and Cybernews). We have not found a Meta statement on the April 2026 finding. Separate proceedings opened on 30 April 2024 concern deceptive advertising and political content, not minors.

What happens next

Both findings are at the stage where Meta responds. The Commission may then adopt a final decision, close the case, or accept commitments. We will record any decision on our updates page.

What this means for UK families

As with the TikTok case, this is EU law and does not apply in the UK. UK children are covered by the Online Safety Act 2023 and Ofcom’s codes, which require services likely to be used by children to take steps to protect them. Ofcom enforces it.

The findings still matter to UK families because they are conclusions by an independent regulator, after reading Meta’s own documents, that the design of Instagram and Facebook was not adequately assessed for its effect on children, and because the same design features are the subject of the US cases, including KGM v Meta and Google and New Mexico v Meta.

If you or your child used Instagram, see our Instagram page or check your eligibility. If you are a parent, see our guide for parents. If you are 18 or over and used these apps as a child, see our guide for young people. Our guide to how a claim works and our case page explain more. All our case files are listed together.

Sources

Last checked 11 October 2026. This file describes what the sources say. It is not legal advice, and a US result does not predict the outcome of a UK claim. It is checked against the sources above, and anything we could not confirm is left out or marked as unconfirmed.

Related case files

  • European Commission v TikTok — The EU’s preliminary finding that TikTok’s addictive design breaches the Digital Services Act, and the earlier TikTok Lite rewards case.
  • K.G.M. v Meta and Google — A Los Angeles jury found Instagram and YouTube negligent in the design of their platforms.

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