The preliminary decision highlights another breach of DSA rules by Meta, potentially leading to a substantial fine.
Meta is accused of violating Europe’s Digital Services Act (DSA) by not preventing children under 13 from using Facebook and Instagram, as per a preliminary decision from the European Commission.
The Commission announced this decision on Wednesday after nearly a two-year investigation. It stated that Meta lacks effective measures to stop under-13s from accessing its platforms or remove those who are already signed up. Currently, minors can simply input a fake birthdate when creating accounts on Facebook and Instagram to falsely meet the age requirement of being over 13, with no robust verification systems in place.
Henna Virkkunen, EU tech policy leader, stated, “Despite Meta’s terms indicating services are not for those under 13, our preliminary findings show insufficient efforts to prevent access by this age group to Instagram and Facebook.”
Tools on Facebook and Instagram meant to report minors under 13 are reportedly “difficult to use and ineffective,” according to the Commission. Even when minors are reported, actions to remove them are often not taken. This places Meta in violation of DSA rules, which require diligent identification and mitigation of risks associated with underage users.
The EU claims Meta’s risk assessment for protecting minors from inappropriate content is “incomplete and arbitrary,” contradicting evidence suggesting 10-12 percent of children under 13 are using Facebook and/or Instagram.
“Moreover, Meta appears to ignore available scientific evidence showing younger children’s vulnerability to potential harms from services like Facebook and Instagram,” the Commission added. An investigation into potential “behavioral addictions in children” linked to these platforms is ongoing.
Meta has the chance to address these breaches, with calls from the Commission to update Instagram and Facebook’s risk assessment methods and enhance age verification systems. Non-compliance could lead to fines up to six percent of its global annual turnover, possibly reaching $12 billion, given Meta’s $201 billion revenue in 2025.
Meta, in a statement to The Guardian, expressed disagreement with the EU’s preliminary findings, stating, “Instagram and Facebook are for ages 13 and up, with existing measures to detect and remove accounts of those under 13. We continue investing in technologies to identify and remove underage users and will soon announce additional measures.”