EU says Meta may have breached child safety rules on Instagram and Facebook
EU opens child-safety case against Meta
The European Commission said Tuesday that Meta may have violated European law by failing to keep children under 13 off Instagram and Facebook, escalating scrutiny of the company’s child-safety practices under the Digital Services Act.
In a press release, the commission said the platforms allegedly fell short of their duty to “diligently identify, assess and mitigate the risks of minors under 13 years old accessing their services.” Instagram and Facebook both set 13 as the minimum age for users, but the commission said Meta relies on children to self-declare their age and does not have an effective enforcement mechanism to stop fake birthdays.
The commission also said Meta does not do enough to identify and remove children under 13 who manage to get onto the platforms.
Meta now has a chance to respond before the EU makes a final decision. If the company is ultimately found to have breached the DSA, it could be fined up to 6% of annual revenue from core business activities. The commission can also impose periodic penalties to force compliance.
The inquiry, which began in May 2024, examined risk assessment reports, responses to information requests and internal documents from the company. According to the commission, Meta’s answers contradict evidence from across the bloc suggesting that about 10% to 12% of children under 13 are using Instagram or Facebook.
“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,” the commission said.
The Commission is requiring Meta to overhaul how it assesses the risks its platforms pose to children, and to do more to prevent underage use and remove accounts belonging to minors. It also pointed to age verification as a possible solution under DSA guidelines.
A separate probe into whether Meta meets DSA design requirements meant to protect users from addiction and safeguard mental health is still ongoing.
The move comes as European governments tighten pressure on social media access for minors. Earlier this month, the French Senate voted to ban children under 15 from social media, while Spain, the Netherlands, the UK and Norway have also moved toward restrictions.
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