EU DSA investigation finds Meta's Instagram and Facebook designs breach rules

The European Commission’s preliminary investigation has concluded that Meta Platforms Inc. is in breach of the European Union’s Digital Services Act (DSA) because of the “addictive” design of its Instagram and Facebook services. The Commission’s report states that Meta failed to adequately assess the risks that features such as personalized recommendations, autoplay and infinite scroll pose to the physical and mental wellbeing of users, including minors and vulnerable adults.

Under the DSA, platforms are required to evaluate and mitigate systemic risks associated with their design. The Commission argues that Meta’s design choices “fuel the user’s urge to keep scrolling and shift the brain into ‘autopilot mode,’” thereby breaching those obligations. As a result, Meta may be compelled to redesign the implicated functionalities and could face a penalty of up to €12 billion (approximately $12 billion) if the breach is confirmed.

Meta has indicated it will contest the findings, while the Commission said it will proceed with formal proceedings to determine appropriate remedial measures. The outcome will set a precedent for how the DSA is applied to major social‑media platforms and could influence future regulatory actions across the tech sector.