EU: Meta's autoplay feature and infinite scroll violate the DSA.

      TL;DR: On Friday, the European Commission released preliminary findings accusing Meta of designing Facebook and Instagram to be addictive, ordering the company to disable autoplay and infinite scroll by default or risk fines of up to 6% of its global revenue. These findings come just days before an EU expert panel is set to recommend a minimum age for social media usage.

      The European Commission published preliminary findings on Friday that allege Meta intentionally made Facebook and Instagram addictive. This allows Meta a chance to formally respond before Brussels makes a final decision, which could lead to fines of up to 6% of its annual global revenue. Based on Meta’s projected turnover in 2025 of about $201 billion, this could amount to around $12 billion.

      The Commission’s case focuses on design rather than content. Initiated in May 2024, the investigation found that features like autoplay, infinite scroll, and highly personalized recommendation feeds exacerbate the tendency to keep scrolling and push the brain into "autopilot mode," leading to unhealthy habits and compulsive use.

      What Brussels wants changed:

      The Commission instructed Meta to disable autoplay and infinite scroll as default settings, to set up effective screen-time breaks, and to adjust its recommendation algorithm to prioritize more than just engagement maximization. It noted that existing time management tools in the apps were too easily ignored and "do not significantly reduce or control service usage."

      Meta disagreed, with spokesperson Ben Walters arguing that the findings “do not accurately reflect the substantial measures we’ve implemented to protect teens.” He highlighted Teen Accounts, introduced on Instagram in 2024, which “automatically safeguard teens and give parents control.”

      An official from the Commission countered that Teen Accounts can be dismissed easily and lack sufficient barriers to alter habitual use. The findings also criticized parental controls for requiring "adequate technical expertise and time," which places an undue burden on families.

      A recurrence of findings:

      Friday’s measures represent the third set of preliminary findings against Meta by the Commission under the Digital Services Act (DSA). Earlier allegations claimed that the company failed to regulate under-13s on its platforms and offered inadequate transparency to external researchers.

      The theory of liability based on addictive design is not novel for Brussels. The Commission previously targeted TikTok’s reward-based engagement features in 2024 and issued comparable preliminary findings regarding TikTok’s overall addictive design in February, marking Meta as the second major platform to face such accusations.

      The minimum age issue is due Monday:

      The timing of these findings is strategic, as a panel of experts appointed by Commission President Ursula von der Leyen is expected to release its recommendations on Monday regarding a potential minimum age for social media use. Von der Leyen has already indicated support for age restrictions, with a legislative proposal likely to follow in the autumn.

      EU child safety legislation has encountered multiple delays due to conflicts between privacy laws and content scanning proposals, but there is growing political momentum in favor of age restrictions across the bloc. Currently, 23 of the 27 EU member states are either considering or have enacted laws to limit children's access to social media.

      Regulatory pressure mounts:

      The findings concerning addictive design coincide with a separate ruling by the Commission stating that Meta’s “pay or consent” advertising model violates the Digital Markets Act. Meta is challenging both sets of findings, and a final decision or penalties have yet to be determined in either case.

      The preliminary findings provide Meta with the opportunity to review the evidence collected and present an official defense. Should the Commission affirm a breach, it can impose structural remedies and additional periodic penalties if those remedies are ignored.