New EU action against Meta over protection of minors
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The European Commission has opened formal proceedings to assess whether Facebook and Instagram owner Meta may have breached the Digital Services Act (DSA) in areas linked to the protection of minors.
The Commission is concerned that the systems of both Facebook and Instagram, including their algorithms, may stimulate behavioural addictions in children, as well as create so-called ‘rabbit-hole effects’. It is also concerned about age-assurance and verification methods put in place by Meta.
The current proceedings address the following areas:
- Meta’s compliance with DSA obligations on assessment and mitigation of risks caused by the design of Facebook’s and Instagram’s online interfaces, which “may exploit the weaknesses and inexperience of minors and cause addictive behaviour, and/or reinforce so-called ‘rabbit hole’ effect”. An assessment is required to counter potential risks for the exercise of the fundamental right to the physical and mental well-being of children as well as to the respect of their rights.
- Meta’s compliance with DSA requirements in relation to the mitigation measures to prevent access by minors to inappropriate content, notably age-verification tools used by Meta, which “may not be reasonable, proportionate and effective”.
- Meta’s compliance with DSA obligations to put in place appropriate and proportionate measures to ensure a high level of privacy, safety and security for minors, particularly with regard to default privacy settings for minors as part of the design and functioning of their recommender systems.
If proven, these failures would constitute infringements of Articles 28, 34, and 35 of the DSA, the Commission says.
Margrethe Vestager, the Commission’s executive vice-president for a Europe Fit for the Digital Age, said: “Today we are taking another step to ensure safety for young online users. With the Digital Services Act we established rules that can protect minors when they interact online.
“We have concerns that Facebook and Instagram may stimulate behavioural addiction and that the methods of age verification that Meta has put in place on their services is not adequate and will now carry on an in-depth investigation. We want to protect young people’s mental and physical health.”
Thierry Breton, commissioner for the internal market, added: “Today we open formal proceedings against Meta. We are not convinced that it has done enough to comply with the DSA obligations to mitigate the risks of negative effects to the physical and mental health of young Europeans on its platforms Facebook and Instagram.
“We will now investigate in-depth the potential addictive and ‘rabbit hole’ effects of the platforms, the effectiveness of their age verification tools, and the level of privacy afforded to minors in the functioning of recommender systems. We are sparing no effort to protect our children.”