EU Preliminary Investigation Finds Meta in Breach of DSA
The European Commission has issued a preliminary finding that Meta is in violation of the Digital Services Act (DSA) due to the addictive design of its platforms Instagram and Facebook. The investigation, which began in May 2024, concluded that Meta failed to adequately assess the risks posed by its design choices on the physical and mental wellbeing of users, particularly minors and vulnerable adults. As a result, Meta could be forced to redesign both apps and face a fine of up to $12 billion, representing 6% of its worldwide annual turnover, which was $200.97 billion in 2025.
Addictive Features Under Scrutiny
The Commission specifically called out features such as personalized recommendations, autoplay, and infinite scroll, stating that these elements "fuel the user's urge to keep scrolling and shift the brain into 'autopilot mode.'" These design patterns are intended to maximize engagement but have been linked to compulsive usage and negative mental health outcomes. The preliminary report emphasizes that Meta did not conduct adequate risk assessments before implementing these features, nor did it take sufficient steps to mitigate their harmful effects.
Inadequate User Protection Tools
Beyond the core addictive design, the Commission criticized the tools Meta provides to help users limit their usage. Time management tools were found to be easily dismissed, rendering them ineffective. Parental controls require significant technical expertise, effort, and time from parents to be effective, which creates barriers to protecting minors. Additionally, Meta's mental health awareness measures were deemed too limited to meaningfully mitigate the risks associated with prolonged platform use.
Potential Remedies and Redesign Requirements
If the preliminary findings are confirmed, Meta may be required to redesign both Facebook and Instagram. The Commission suggests disabling features like autoplay and infinite scroll by default, implementing effective screen time breaks that cannot be easily bypassed, and making the recommendation algorithm "less engagement-oriented." These changes aim to reduce the platforms' addictive potential and better protect user wellbeing.
Next Steps in the Regulatory Process
Meta now has the opportunity to respond to the Commission's preliminary findings and defend its practices. The company can present evidence and arguments to challenge the allegations before a final decision is made. If the Commission upholds its preliminary view, Meta could face a non-compliance fine of up to 6% of its global annual turnover, which based on 2025 figures would amount to approximately $12 billion. This case is part of a broader EU effort to regulate large tech platforms under the DSA, which came into full effect in 2024.
Broader Context: EU Considering Social Media Ban for Minors
The decision comes as the EU considers implementing a blocwide ban on social media for minors, reflecting growing concern over the impact of digital platforms on young people's mental health. The Meta case is likely to influence these broader policy discussions and set a precedent for how addictive design is regulated under the DSA. The Commission is also separately assessing Meta's age verification tools and content protections for minors, which could lead to additional enforcement actions.
Implications for the Tech Industry
This case sends a strong signal to other tech companies that the EU is serious about enforcing the DSA's requirements regarding user safety and algorithmic transparency. Companies operating in the EU may need to reassess their design choices and risk assessment processes to avoid similar penalties. The potential $12 billion fine, while significant, is also a fraction of Meta's annual revenue, highlighting the financial stakes involved in regulatory compliance.
Conclusion
The European Commission's preliminary finding against Meta marks a major step in the enforcement of the Digital Services Act. By targeting addictive design features, the EU is aiming to protect users' mental health and set new standards for platform responsibility. Meta's response and the final decision will be closely watched by regulators, industry players, and consumer advocates worldwide.
This article is based on reporting by The Verge. Read the original article.
Originally published on theverge.com
