European Commission preliminary ruling finds addictive design in Meta's apps
The European Commission has preliminarily ruled that Meta's Facebook and Instagram violate the Digital Services Act due to addictive design features such as infinite scrolling, autoplay, push notifications, and highly personalized recommendation systems. Meta is accused of failing to adequately assess the potential risks of such designs to users' physical and mental health, including minors and vulnerable adults, and its existing mitigation measures (such as session time limits and parental control tools) are considered insufficient. If the final ruling is upheld, Meta may face fines of up to 6% of its global annual turnover and will need to make substantial design changes to the aforementioned features.
Meta faces new operational challenges in Europe. The European Commission recently issued a preliminary ruling stating that Facebook and Instagram violate relevant EU laws in implementing addictive features. The ruling focuses on design features such as infinite scroll, autoplay, push notifications, and the platforms' highly personalized recommendation systems.
Key points of the preliminary ruling: Addictive design not subject to adequate risk assessment
The European Commission stated in its announcement that Meta failed to "adequately assess the risks of its addictive design to the physical and mental health of users, including minors and vulnerable adults." The Commission further noted that Meta did not consider certain design features of Instagram and Facebook that "fuel users' urge to keep scrolling, putting the brain into 'autopilot mode,' thereby fostering unhealthy habits and compulsive use."
Regarding Meta's existing mitigation measures, including options to limit session duration and parental control tools, the European Commission considered them insufficient to effectively manage the aforementioned impacts.
Possible corrective directions and penalties
In response to these concerns, Meta will need to implement design changes to Instagram and Facebook. The European Commission's recommendations include: disabling key addictive features such as "autoplay" and "infinite scroll" by default; implementing effective "screen break time" reminders; and adjusting recommendation systems so they are no longer primarily driven by user engagement.
If this preliminary ruling is ultimately confirmed in subsequent proceedings, Meta could face fines of up to 6% of its global annual total turnover. This outcome could also have broad implications for Meta's operations, forcing the company to implement targeted adjustments in more regions to comply with evolving regulatory requirements.
Public sentiment and related case background
Notably, this regulatory move echoes broader public sentiment. A recent study by the Pew Research Center showed that 60% of Americans support restrictions on social media use by teenagers. Additionally, in a recent lawsuit in California, a jury ruled that social media platforms can be addictive and have a significant impact on user health. In that case, Meta and Google's YouTube were both found responsible for implementing addictive and potentially harmful features, opening the door for more users to file subsequent lawsuits.
Although public opinion seems to be turning against social media platforms on this issue, Meta maintains that social media addiction has not yet been proven to be a psychological disorder. The company may believe this stance shields it from future legal risks.
However, with the release of the European Commission's preliminary ruling, Meta may face greater difficulty in refuting this claim. Therefore, the company may have to introduce new control options and tools to ensure users limit the time they spend on its apps. Combined with potential fines, Meta could face significant pressure, which may even constrain its expanding artificial intelligence (AI) business initiatives.