The European Commission has issued preliminary findings that Meta, the parent company of Facebook and Instagram, is in breach of EU law for failing to prevent children under the age of 13 from accessing its platforms. The announcement, made on Wednesday, concludes a nearly two-year investigation into the tech giant's compliance with the Digital Services Act (DSA).
Commission's Preliminary Findings
The Commission stated that Meta did not have effective measures in place to stop under-13s from using its services, despite its own terms and conditions setting 13 as the minimum age. The company's tool for reporting underage accounts was deemed "difficult to use and not effective," with inadequate follow-up, allowing underage users to continue accessing the platforms. According to the Commission, approximately 12% of children under 13 in the EU use Instagram and Facebook.
Henna Virkkunen, the Commission's lead official on tech policy, emphasized that the DSA requires platforms to enforce their own rules. "Terms and conditions should not be mere written statements, but rather the basis for concrete action to protect users – including children," she said. She added that Meta's poor mitigating measures exposed children to risks such as cyberbullying, grooming, and age-inappropriate experiences.
Meta's Response
A Meta spokesperson expressed disagreement with the preliminary findings, stating that Instagram and Facebook are intended for users aged 13 and older. The company said it has measures to detect and remove underage accounts and continues to invest in technologies to find and remove underage users. The spokesperson described understanding user age as an "industry-wide challenge" requiring an industry-wide solution and confirmed Meta's ongoing constructive engagement with the Commission.
Meta will now have the opportunity to examine the Commission's investigation file and mount a defense. If the finding is upheld, Meta could face a fine of up to 6% of its global annual turnover. For 2025, Meta reported revenue of $201 billion (£148 billion).
Broader Context
The findings come amid growing European efforts to protect children online. Spain is considering a social media ban for under-16s, while French lawmakers have voted for similar restrictions for under-15s. The UK government has also indicated it is exploring age or functionality restrictions on social media for children under 16.
The Commission's investigation into Meta, launched in May 2024 under the DSA, continues to examine other aspects, including whether the company does enough to protect the physical and mental health of young users. Officials are particularly concerned about potentially addictive impacts, such as "rabbit hole" effects where algorithms feed young people negative or extreme content.
EU Age Verification App
Separately, the Commission urged member states to have an EU age verification app operational by the end of the year. The app would allow users to prove their age online without sharing other personal details with platforms. However, some member governments have been hesitant, preferring national versions, and a cybersecurity expert claimed to have hacked a demo version in under two minutes. The Commission stated that the vulnerability has since been fixed.
