The European Commission said Friday that Meta has preliminarily breached the Digital Services Act through the design of Instagram and Facebook, following a two-year investigation into features the regulator says are built to keep users scrolling.
The Commission’s findings center on infinite scroll, autoplay, push notifications and highly personalized recommendation systems — mechanisms it says shift users into what it called “autopilot mode” and encourage compulsive use, with particular concern for the wellbeing of minors and other vulnerable users. CNBC covered the announcement here.
What the EU Is Demanding
Brussels concluded that Meta failed to adequately assess the risks these design choices pose to users’ physical and mental wellbeing, as required under the DSA — the EU’s landmark law governing how large online platforms operate.
The Commission is calling on Meta to disable several features by default rather than requiring users to opt out, including autoplay of videos and infinite scrolling feeds. It also wants Meta to introduce effective screen-time break prompts and to adjust its recommendation algorithm to reduce its focus on maximizing engagement.
Regulators stressed that the findings are preliminary and do not prejudge a final outcome. Meta now has the right to examine the Commission’s investigation file and respond in writing before any formal non-compliance decision is issued.
Meta Pushes Back, Fine Could Run Past $12 Billion
Meta said in a statement shared with CNBC that it “disagrees[s] with these preliminary findings” and is expected to contest the Commission’s conclusions through the formal response process. If the findings are ultimately confirmed, Meta faces a fine capped at 6% of its total worldwide annual turnover — a figure that could exceed $12 billion based on the company’s 2025 revenue of roughly $201 billion.
The case adds to a growing list of DSA enforcement actions against major platforms and lands at a moment when Meta is simultaneously making an aggressive commercial push into AI, with the launch of its Meta Model API and Meta Compute cloud business this same week.
The regulatory pressure in Europe stands in some tension with that expansion, as Meta looks to grow its footprint with European enterprise customers even as its consumer-facing apps face scrutiny over user wellbeing at home.
No timeline has been set for a final Commission decision.
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