EU: Facebook and Instagram's Infinite Scroll May Break Digital Rules

Meta has been warned by the European Commission that its endlessly scrolling Facebook and Instagram feeds may violate the EU's new Digital Services Act rules.

In preliminary findings published on Friday, the Commission said that its investigation into features such as infinite scroll, autoplay, push notifications, and highly personalized recommender systems, found that Meta "did not adequately assess the risks of their addictive design on the physical and mental wellbeing of users, including minors and vulnerable adults."

From the press release:

These features fuel the user's urge to keep scrolling and shift the brain into 'autopilot mode,' contributing to unhealthy habits and compulsive use.

Moreover, Meta disregarded available information about the time minors spend on Instagram or Facebook at night and how the optimization of its different formats – such as reels and stories – could lead to excessive or compulsive use of the services.

The Commission additionally criticized Meta's risk mitigation measures, saying that the platforms' time management tools could be easily dismissed and don't meaningfully limit the time users spend on the services. It also found fault with Meta's parental controls, which the Commission said were "only effective if parents and guardians possess adequate technical expertise, as well as devote effort and time to understand them."

The Commission said that at this stage of its investigation, it believes Meta needs to make design changes to both Instagram and Facebook. These could include disabling addictive features such as autoplay and infinite scroll by default, introducing effective screen time breaks, and modifying its recommender system to make it less focused on driving engagement.

Meta on Friday said it disagreed with the Commission's findings, claiming they "don't accurately take into account the significant steps we've taken to protect teens."

The Commission said Meta now has the opportunity to exercise its right of defence by reviewing the documents in the investigation file and responding in writing to its preliminary findings. If those provisional conclusions are upheld, the company could face a fine of up to 6 percent of its global annual turnover.

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