European Union: European Commission issued preliminary findings against Meta for failing to prevent minors' access on Facebook and Instagram in breach of Digital Services Act

Description

European Commission issued preliminary findings against Meta for failing to prevent minors' access on Facebook and Instagram in breach of Digital Services Act

On 29 April 2026, the European Commission preliminarily found Meta in breach of the Digital Services Act (DSA) for failing to prevent minors under 13 from accessing Instagram and Facebook. The Commission identified that Meta's age verification mechanisms are ineffective, allowing minors to enter false birth dates without adequate controls, and that the reporting tool for underage users is cumbersome and fails to promptly remove reported minors. Meta is also required to revise its risk assessment methodology, strengthen measures to prevent and detect underage users, and ensure high levels of privacy, safety, and security for minors. It was also stated that Instagram and Facebook now have the opportunity to submit a written response to the preliminary findings and implement remedial measures in accordance with the 2025 DSA guidelines on the protection of minors. If the Commission confirms its preliminary view, it may issue a formal non-compliance decision resulting in a fine of up to 6% of Meta's total worldwide annual turnover or periodic penalty payments to compel compliance.

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Scope

Policy Area
Content moderation
Policy Instrument
Content moderation regulation
Regulated Economic Activity
platform intermediary: user-generated content
Implementation Level
supranational
Government Branch
executive
Government Body
other regulatory body

Complete timeline of this policy change

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2023-11-10
under deliberation

On 10 November 2023, the European Commission sent a request for information to Meta regarding risk …

2023-12-01
under deliberation

On 1 December 2023, the European Commission sent a request for additional information to Meta regar…

2024-05-16
under deliberation

On 16 May 2024, the European Commission announced the opening of a formal investigation into Meta r…

2026-04-29
under investigation

On 29 April 2026, the European Commission preliminarily found Meta in breach of the Digital Service…