DSA: Commission flags Instagram and Facebook's addictive design
ONLINE PLATFORMS
On 10 July, the European Commission reached a preliminary conclusion that the addictive design of Instagram and Facebook contravenes the Digital Services Act (DSA).
The Commission’s investigation focuses on features such as infinite scrolling, autoplay, push notifications and the platforms’ highly personalised recommendation systems.
In particular, regarding the risks posed by the addictive design of Instagram and Facebook to the physical and mental wellbeing of users, including minors and vulnerable adults, it notes:
- an inadequate risk assessment:
- highly personalised recommendations, autoplay and infinite scrolling, which fuel the user’s urge to keep scrolling and put the brain into ‘autopilot mode’, contributing to unhealthy habits and compulsive use;
- failure to take into account the time minors spend on social media at night and how the optimisation of different formats (Reels and Stories) could lead to excessive or compulsive use of the services.
- insufficient risk mitigation measures:
- Instagram and Facebook’s screen time management tools, including those enabled by default for teenagers, are easily circumvented and do not lead to a significant reduction in or control over usage;
- parental controls are not intuitive for non-tech-savvy parents, and are therefore ineffective in addressing the risks of addictive use;
- Awareness-raising measures (advice and links to mental health resources) are not very effective.
At this stage of the investigation, the Commission considers that Meta must make design changes to Instagram and Facebook. For example, by disabling key addictive features such as ‘autoplay’ and ‘infinite scroll’ by default, by implementing effective ‘screen time breaks’ and by adapting its recommendation system to make it less focused on engagement.
These preliminary conclusions do not prejudge the final outcome of the investigation. Meta may now exercise its rights of defence by reviewing the investigation file and responding in writing to the Commission’s findings. If its preliminary opinion is confirmed, the Commission may adopt an infringement decision against the platform. Meta faces fines of up to 6 per cent of the platform’s total annual global turnover.
The ongoing investigation also covers concerns regarding the age verification measures put in place by Meta for children under the age of 13 and the ‘rabbit hole’ effects caused by the design of Facebook and Instagram’s recommendation systems, which may exploit the vulnerabilities and inexperience of children.
The Competition Authority is taking part in consultations regarding the investigation as part of its role as Digital Services Coordinator (DSC) within the European Board for Digital Services.
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