EU Commission: Facebook, Instagram Fail to Keep Underage Children Out

The European Commission has taken a significant step in scrutinizing Meta's social media platforms, Instagram and Facebook, by preliminarily concluding they violate the Digital Services Act (DSA). The core of the Commission's concern lies in the platforms' alleged failure to adequately protect underage users, specifically those under the age of 13. According to the Commission, Meta has not sufficiently implemented measures to identify, assess, and mitigate the risks associated with children accessing services clearly marked as not intended for them. While Meta's own terms of service explicitly state that their platforms are not for children under 13, the Commission's findings suggest a significant gap between policy and practice. This action by the EU underscores its commitment to enforcing stringent digital regulations aimed at safeguarding users, particularly the most vulnerable. For platforms operating within the EU, this serves as a stark reminder that compliance with the DSA is not optional and that robust age verification and risk mitigation strategies are paramount. The investigation will continue, with potential consequences for Meta if these preliminary findings are confirmed.

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Our preliminary findings show, however, that Instagram and Facebook do very little to prevent children under this age from accessing their services.