European Commission accuses Meta of breaching child safety rules

Social media platforms Instagram and Facebook have failed to prevent children under age 13 from accessing their services in violation of European law, the European Commission said Tuesday.

The platforms’ owner Meta allegedly flouted the bloc’s Digital Services Act (DSA) by “failing to diligently identify, assess and mitigate the risks of minors under 13 years old accessing their services,” the commission said in a press release.

The tech giant’s terms and conditions set a minimum age of 13 to access Instagram and Facebook, but the company relies on children to self-declare their age with no enforcement mechanism to protect against their providing a fake birthday, according to the press release. 

Meta also does not do enough to identify and remove children under 13 who have gained access from using Instagram and Facebook, the commission said.

Meta has the opportunity to rebut the findings before a final decision is made, the commission said. If Meta is ultimately found to be in violation of the DSA, it could be fined as much as 6% of its annual revenue from core business activities.

The commission can also issue periodic fines to force the platforms to comply with the DSA.

Meta’s answers to its inquiry contradict ample evidence from across the bloc that about 10-12% of children under 13 are using Instagram or Facebook, the press release said.

“Meta seems to have disregarded readily available scientific evidence indicating that younger children are more vulnerable to potential harms caused by services like Facebook and Instagram,” according to the press release.

A spokesperson for Meta did not immediately respond to a request for comment.

Next steps

The commission is requiring that Meta overhaul how it assesses risks its platforms pose to children. It also must do more to stop minors from using the platforms and better identify and remove those who do, the press release said.

Instagram and Meta will be given the chance to study the investigative documents and respond to the preliminary findings. The platforms also will be given the opportunity to beef up its measures for addressing the problem, the commission said.

The probe began in May 2024 and included an examination of the platforms’ risk assessment reports, responses to requests for information and internal documents.

The commission suggested age verification measures could be a potential solution, citing DSA guidelines.

A probe into whether Meta adheres to DSA design requirements meant to protect against addiction and safeguard the mental health of users of all ages is ongoing, the commission said.

Earlier this month, the French Senate voted to ban children under age 15 from using social media. A deal is now being hammered out with the country’s National Assembly.

Spain, the Netherlands, the UK and Norway have taken steps to introduce their own restrictions.