Brussels, 29 April (LaPresse) – The European Commission has found, on a preliminary basis, that Meta’s Instagram and Facebook breach the Digital Services Act (DSA) by failing to adequately identify, assess and mitigate the risks arising from access to their services by children under the age of 13. Although Meta’s terms and conditions set the minimum age for safe access to Instagram and Facebook at 13, the European Commission notes that the measures taken by the company to enforce these restrictions do not appear to be effective. These measures do not adequately prevent children under 13 from accessing the services, nor do they identify and remove them promptly if they have already gained access. Instagram and Facebook now have the opportunity to examine the documents contained in the Commission’s investigation files and to respond in writing to the preliminary findings. The platforms may take measures to remedy the infringements, in accordance with the DSA 2025 Guidelines on the protection of minors. In parallel, the European Committee on Digital Services (EBSD) will be consulted. Should the findings be definitively confirmed, the European Commission could issue a non-compliance decision, which may result in the imposition of a financial penalty proportionate to the infringement, which in no case may exceed 6% of the provider’s total global annual turnover. The Commission may also impose periodic penalty payments to compel a platform to comply. These conclusions do not prejudge the final outcome of the investigation.
Meta and the EU take action against the platform: ‘It fails to protect under-13s on Instagram and Facebook’
Brussels, 29 April (LaPresse) – The European Commission has found, on a preliminary basis, that Meta’s Instagram and Facebook breach the Digital Services Act (DSA) by failing to adequately identify, assess and mitigate the risks arising from access to their services by children under the age of 13. Although Meta’s terms and conditions set the minimum age for safe access to Instagram and Facebook at 13, the European Commission notes that the measures taken by the company to enforce these restrictions do not appear to be effective. These measures do not adequately prevent children under 13 from accessing the services, nor do they identify and remove them promptly if they have already gained access. Instagram and Facebook now have the opportunity to examine the documents contained in the Commission’s investigation files and to respond in writing to the preliminary findings. The platforms may take measures to remedy the infringements, in accordance with the DSA 2025 Guidelines on the protection of minors. In parallel, the European Committee on Digital Services (EBSD) will be consulted. Should the findings be definitively confirmed, the European Commission could issue a non-compliance decision, which may result in the imposition of a financial penalty proportionate to the infringement, which in no case may exceed 6% of the provider’s total global annual turnover. The Commission may also impose periodic penalty payments to compel a platform to comply. These conclusions do not prejudge the final outcome of the investigation.
