Meta's Facebook and Instagram both use "addictive design" that could fall foul of the European Union's new Digital Services Act, and the European Commission has already preliminarily found Meta's iPhone apps are in breach of its rules.
In a press release shared today, July 10, the European Commission put Meta on notice. A few core aspects of Meta's smartphone apps are at the core of the Commission's investigation.
Meta now has the right to defend itself. But if the Commission's preliminary findings are confirmed, Meta will be on the hook for a fine "proportionate to the nature, gravity, recurrence and duration of the infringement."
Any fine will be capped at 6% of Meta's total global annual turnover. In 2025, Meta reported revenue of $200.97 billion, so over $12.5 billion is at stake here.
The Commission's press release points the finger of blame squarely at Meta's use of infinite scrolling, autoplaying of media, and push notifications. It argues that these features help make Instagram and Facebook addictive to users, including minors and vulnerable adults.
The way Meta's apps are designed to constantly show fresh content, particularly via the infinite scroll feature, faced particular criticism. The Commission argues that these features push users to continue scrolling, shifting their brains into "autopilot mode" and contributing to unhealthy habits, including compulsive use.
It's also argued that Meta ignored available information about the time minors spend on its platforms during the evening hours. It also disregarded how its use of infinite scroll and other features could lead to excessive or compulsive use of its apps.
Failed mitigation
While Meta will no doubt argue that it offers parental controls and other features to help users limit their screen time, it's unlikely the argument will be well received.
The European Commission pointed to evidence that Meta's systems have failed to help. It warns that Facebook and Instagram's screen time tools are too easily dismissed and simply do not work as intended.
Further, Meta's parental controls are said to require too much technical knowledge from parents.
The fix, the Commission says, is for Meta to disable infinite scroll and auto-playing media by default. It also wants the company to implement a more effective time management system for users to take advantage of.
