The addictive design of Facebook and Instagram may violate the European Union’s Digital Services Act, according to preliminary findings published by the European Commission on 10 July. Brussels says Meta has failed to adequately assess and reduce the risks created by features that encourage prolonged or compulsive use, particularly among minors and vulnerable adults.
The investigation targets several central elements of the two platforms, including infinite scrolling, automatic video playback, push notifications and highly personalised recommendation systems. Meta can now examine the Commission’s evidence and respond before regulators reach a final decision.
Why the EU considers Meta’s design addictive
The Commission argues that Facebook and Instagram use design features intended to keep people continuously engaged with the platforms.
Infinite scrolling automatically supplies new posts without requiring users to actively request more content. Autoplay immediately launches videos, while personalised recommendation systems select posts and reels based on previous behaviour and predicted interests.
According to the Commission, these mechanisms can intensify the urge to continue scrolling and place users in an “autopilot mode”. Regulators believe this may contribute to unhealthy habits, excessive screen time and compulsive use.
The preliminary assessment also found that Meta’s existing safeguards do not sufficiently address these risks. Time-management tools can be ignored or disabled, while parental controls may require several steps to activate and manage.
The Commission is particularly concerned about children, teenagers and vulnerable adults, whose physical and mental wellbeing may be more strongly affected by excessive platform use.
“Protecting the physical and mental health of Europeans must be a priority for social media platforms,” European Commission Executive Vice-President for Tech Sovereignty, Security and Democracy Henna Virkkunen said.
Facebook and Instagram could need major design changes
The findings do not require the complete removal of infinite scrolling, autoplay or personalised feeds. However, the Commission believes Meta should consider making less engaging alternatives the default.
Possible measures include disabling autoplay and infinite scrolling as standard settings, introducing effective breaks in screen time and offering recommendation systems that are less focused on maximising engagement.
The Commission could also require Meta to improve the way users access and configure protective tools. Under the Digital Services Act, very large online platforms must not only identify systemic risks but also demonstrate that their measures can effectively reduce them.
The case therefore concerns more than individual pieces of harmful or illegal content. It focuses on the architecture of the platforms and on whether their underlying design can itself create risks for users.
This makes the investigation an important test of how far the EU can use the Digital Services Act to influence the products and business models of large technology companies.
Meta rejects the Commission’s preliminary findings
Meta has disputed the Commission’s assessment and pointed to measures introduced since the investigation began.
The company said its Teen Accounts provide younger Instagram users with automatic protections and give parents greater control. These include options to restrict access during the night and set daily screen-time limits.
“We disagree with these preliminary findings, which do not accurately take into account the significant steps we have taken to protect teens,” a Meta spokesperson said.
The company will now be able to review the Commission’s investigation files and submit a formal response. The preliminary findings do not determine the final outcome of the proceedings.
If the Commission confirms a violation, it may order Meta to change its platforms within a specified period. It could also impose a fine of up to 6% of the company’s worldwide annual turnover.
Meta recorded revenue of $200.97 billion, approximately €172 billion, in 2025. A theoretical maximum fine based on that figure would amount to around €10.3 billion, although any penalty would depend on the nature, severity and duration of the infringement.
The Digital Services Act is moving beyond content moderation
The proceedings began in May 2024 as part of a broader investigation into the protection of minors on Facebook and Instagram.
In April 2026, the Commission separately found that Meta may have violated the Digital Services Act by failing to prevent children under the age of 13 from accessing the platforms. Other parts of the investigation continue to examine recommendation systems that may lead young users towards increasingly harmful content.
The Meta case follows similar preliminary findings against TikTok in February 2026. In that investigation, the Commission also targeted infinite scrolling, autoplay, notifications and highly personalised recommendations.
The two cases indicate that the EU is extending digital regulation beyond transparency and content removal. Regulators are increasingly examining how platforms are designed, which behaviours they encourage and whether commercial incentives conflict with the wellbeing of users.
A final ruling against Meta could establish an important precedent for social media services operating across Europe. It could require platforms to offer less engagement-driven experiences by default and make user wellbeing a measurable part of compliance with EU digital law.
