The European Commission has issued preliminary findings that Meta's design of Instagram and Facebook may breach the Digital Services Act (DSA), marking another significant step in the EU's scrutiny of online platform design.
The Commission's concerns focus on features such as infinite scroll, autoplay, push notifications and highly personalised recommendation systems, which it considers may encourage compulsive use and contribute to unhealthy online habits, particularly among minors and vulnerable users. The Commission also preliminarily found that Meta's existing safeguards, including screen time tools and parental controls, do not adequately mitigate these risks.
Of particular interest for businesses operating digital products is the Commission's indication that compliance may require more than simply providing user controls. The preliminary findings suggest that platforms may need to build safety into the design itself, potentially by disabling certain engagement-driven features by default and introducing more effective usage-limiting measures.
Whilst these findings remain preliminary, they provide a clear warning to platforms and app developers: regulators are increasingly scrutinising not only the content hosted on online services, but also the design choices that influence user behaviour. Businesses developing consumer-facing digital products should consider whether their engagement features could withstand similar regulatory scrutiny.
Although the decision arises under the EU's Digital Services Act and does not directly apply to most UK-only businesses, it reflects a broader regulatory trend towards scrutinising so-called "dark patterns" and engagement-driven design. UK businesses should still take note as the CMA has already identified harmful ‘online choice architecture’ as an enforcement priority, and consumer-facing digital products could face increasing scrutiny where design features are found to manipulate user behaviour, particularly in relation to children and vulnerable users.
Please see the European Commission’s full press release here: Commission preliminarily finds the addictive design of Instagram and Facebook in breach of the DSA
