Meta is in breach of the EU’s Digital Services Act (DSA), a preliminary investigation has found, over the “addictive” design of Instagram and Facebook. It’s likely to be forced to redesign both apps, and could face a fine of up to $12 billion.
The European Commission said Meta “did not adequately assess the risks of its addictive design on the physical and mental wellbeing of users, including minors and vulnerable adults.” It singled out features like personalized recommendations, autoplay, and infinite scroll, arguing that they “fuel the user’s urge to keep scrolling and shift the brain into ‘autopilot mode.’”
The report also criticizes the tools Meta provides to help limit users’ use. It says that time management tools can be easily dismissed; parental controls require technical expertise, effort, and time on behalf of the parents to be effective; and that Meta’s mental health awareness measures are too limited to mitigate the risks.
Meta may have to redesign both Facebook and Instagram, according to the Commission. It suggests disabling features like autoplay and infinite scroll by default, implementing effective screen time breaks, and making the recommendation algorithm “less engagement-oriented.”
The European Commission’s investigation began in May 2024, and is separately assessing Meta’s age verification tools and content protections for minors. Meta will now have the chance to defend itself, but if the Commission’s decision is made final Zuck and Co. could face a non-compliance fine of up to 6 percent of its worldwide annual turnover. In 2025 that was $200.97 billion, meaning a potential fine of up to $12 billion.
The decision comes as the EU considers implementing a blocwide ban on social media for under-16s, with a report from the European Commission due on that matter next Monday. In August, Meta faces a trial in the US over whether its apps are intentionally addictive, with four states reportedly pushing for combined penalties of up to $1.4 trillion.
“Protecting the physical and mental health of Europeans must be a priority for social media platforms,” said Henna Virkkunen, the Commission’s tech policy chief. “The Digital Services Act provides a clear framework to hold platforms accountable for the addictive design and effects of their services. We are fully committed to enforcing our legislation in Europe.”
