Irish Regulator Investigates Meta Over Algorithms on Facebook, Instagram Under EU Digital Services Act

Ireland's media regulator, Coimisiún na Meán, has taken a significant step by launching investigations into Meta Platforms, the parent company of Facebook and Instagram. This move targets the recommender systems that curate content on these platforms, specifically examining whether Meta has violated the EU's Digital Services Act (DSA).

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Coimisiún na Meán recognises the concerns that many people have about recommender systems, and the potential harm that these algorithms can potentially cause by repeatedly pushing harmful content into the feeds of users, especially children and young people.

The core of the investigation revolves around concerns that Meta may be employing "dark patterns" – deceptive interface designs – to steer users away from choosing a recommender system feed that is not based on profiling. Users have a right under the DSA to select a feed that isn't personalized based on their data and behavior, and Coimisiún na Meán wants to ensure this choice is genuinely accessible and easily manageable.

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We want to remind users of 'Very Large Online Platforms’, the household name companies most of us would recognise, that they have a right to choose a recommender system feed that is not based on the profiling of their personal data.

John Evans, Digital Services Commissioner at Coimisiún na Meán, underscored the regulator's awareness of public concerns regarding algorithms potentially amplifying harmful content, especially for children and young people. He reiterated that Very Large Online Platforms (VLOPs) must provide users with a clear and accessible option to opt out of profiling-based content feeds at any time. The DSA mandates that these platforms cannot manipulate users into abandoning their right to choose such an alternative feed.

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Furthermore, ‘Very Large Online Platforms’ have an obligation to ensure that users can opt for this alternative feed at any time and that it is easily accessible.

Meta, which introduced a non-profiling option in 2023 partly in response to the DSA, has stated it disagrees with any suggestion of breach and will engage with the regulator. However, the potential for fines up to 6% of Meta's global turnover highlights the seriousness with which Coimisiún na Meán is treating these investigations. From an Irish perspective, this action reflects the EU's proactive stance in regulating Big Tech, ensuring digital platforms operate within established legal frameworks and respect user rights, a stark contrast to the more laissez-faire approach seen in some other jurisdictions.

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Platforms also have a duty to ensure that they do not design or operate their interface in such a way as to manipulate users away from exercising their rights.