EU Commission finds Instagram and Facebook's addictive design breaches the Digital Services Act

The European Commission announced preliminary findings on July 9, 2026 that Meta's Instagram and Facebook apps violate the Digital Services Act through what regulators describe as intentionally addictive design. The finding is the result of a two-year investigation opened in May 2024, and it directly targets three specific features: infinite scrolling, video autoplay, and personalized algorithmic recommendations.
According to the Commission, these features "shift users into states of compulsive engagement" that Meta failed to adequately assess for risks to physical and mental well-being, particularly among minors and vulnerable adults. Push notifications were also cited as contributing to the pattern of compulsive use the investigation examined.
Why Meta's existing safeguards weren't enough
Meta has pointed to its Teen Accounts feature, rolled out in 2024, as evidence it has already addressed the concerns driving the investigation. The company said Teen Accounts "automatically protect teens and put parents in control," including the ability to block Instagram access at night and cap daily screen time at 15 minutes.
The Commission wasn't convinced. Investigators found that time-management reminders built into the apps can be dismissed with a single tap, and that parental control tools require a level of technical fluency and time investment from parents that undermines their real-world effectiveness. In regulatory terms, the existing mitigations exist on paper but don't functionally reduce the compulsive-use patterns the DSA requires platforms to address.
What happens next
These findings are preliminary, not final. Meta now has the opportunity to review the Commission's evidence and submit a written defense, and the European Board for Digital Services will be consulted before any final determination. If the preliminary findings are confirmed, Meta faces fines of up to 6% of its total worldwide annual turnover — a threshold that, based on last year's revenue, could exceed $12 billion.
Meta's official response was blunt: "We disagree with these preliminary findings," the company said, while reiterating its Teen Accounts rollout as evidence of good-faith compliance efforts already underway.
The bigger pattern in EU platform enforcement
This case fits a broader trend of the EU using the DSA — which came into full force in 2024 — to target the underlying mechanics of engagement-optimized platforms rather than just individual pieces of harmful content. Where earlier tech regulation focused on what appears in a feed, this investigation focuses on how the feed itself is built to keep people scrolling, a distinction that, if upheld, could force product-level redesigns across any platform using similar autoplay and infinite-scroll mechanics — not just Meta's.
The scale of the potential fine, combined with the requirement to functionally redesign core product mechanics rather than simply pay a penalty and continue operating unchanged, makes this one of the more consequential DSA enforcement actions to date. As reported by CNBC and CNN, with additional details from Deseret News and the European Commission.
Originally reported by CNBC. Read the original article for additional details.
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