On Wednesday 29 April, the European Commission announced its preliminary finding that Meta’s Instagram and Facebook platforms were in breach of the Digital Services Act (DSA) “for failing to identify, assess and diligently mitigate” the risks associated with access to their services by minors under the age of 13. These preliminary conclusions form part of the formal proceedings initiated on 16 May 2024 (see EUROPE 13411/1).
“In the EU, around 12% of children under the age of 13 use Instagram or Facebook”, explained Henna Virkkunen, Vice-President responsible for Technological Sovereignty, Security and Democracy.
According to the Commission, despite Meta’s terms and conditions setting the minimum age for safe access to Instagram and Facebook at 13, the measures put in place to enforce these restrictions do not appear to be effective. For example, they do not sufficiently prevent minors under the age of 13 from accessing their services, nor do they identify them or remove them quickly if they have already accessed the services, according to the Commission. In particular, it points out that when an account is created, no check is made to ensure that the date of birth declared is correct, and that the tool for reporting minors under the age of 13 is difficult to use and not very effective.
At this stage, the Commission believes that Instagram and Facebook need to change their risk assessment methodology in order to assess what risks arise on these platforms in the EU and how they manifest themselves. Instagram and Facebook must also strengthen their measures to prevent, detect and remove minors under the age of 13 from their services. For its part, Meta must effectively combat and mitigate the risks that under-13s may encounter on its platforms, thereby guaranteeing a high level of confidentiality, safety and security for minors.
Instagram and Facebook now have the opportunity to examine the documents in the Commission’s investigation files and to respond in writing to the preliminary findings. Platforms are encouraged to take steps to remedy breaches. “We will continue to work with Meta to explore possible solutions”, said Ms Virkkunen. At the same time, the European Board for Digital Services will be consulted.
If the Commission’s opinion is confirmed, a decision may be taken declaring an infringement, which may result in a fine proportionate to the infringement and/or periodic penalty payments to force a platform to comply.
Although the conclusions are only preliminary, some MEPs called on the Commission not to wait to act. “Pointing to a breach of the rules by Meta is not enough. Any violation must lead to immediate consequences: action, sanctions and temporary suspension until full compliance with our rules”, stressed Stéphanie Yon-Courtin (Renew Europe, French) in a press release.
On the same day, the Commission adopted a recommendation calling on the Member States to speed up the deployment of the European age verification application (see other news). (Original version in French by Camille-Cerise Gessant with Clément Solal)