The European Commission has preliminarily determined that Meta is in violation of the Digital Services Act by failing to prevent children under the age of 13 from accessing Instagram and Facebook. The ruling exposes the company to fines of up to 6% of its global revenue and intensifies international regulatory pressure on digital platforms regarding child protection.\u00a0<\/p>\n
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The European Commission (EC) issued a preliminary finding stating that Meta violated the Digital Services Act (DSA<\/a>) by failing to implement effective age verification and child protection measures on Instagram and Facebook. The formal investigation could result in fines of up to 6% of the company\u2019s global annual revenue, which totaled US$201 billion in 2025.<\/p>\n The commission suggests that these systemic failures occurred because Meta disregarded evidence regarding the psychological vulnerabilities of young children. “Our preliminary findings show that Instagram and Facebook are doing very little to prevent children below this age from accessing their services,” says Henna Virkkunen, Executive Vice President for Technological Sovereignty, Security, And Democracy, European Commission.<\/p>\n This preliminary determination<\/a> follows a formal investigation that the European Commission initiated on May 16, 2024. The investigation focused on whether the corporation fulfilled its obligations under the DSA to identify and mitigate risks to minors.\u00a0<\/p>\n Regulatory authorities analyzed risk assessment reports, internal correspondence, and platform data to determine the efficacy of safety protocols. Findings indicate that about 10%\u201312% of children under the age of 13 in the European Union access these platforms despite official terms of service prohibiting such use.<\/p>\n The regulatory pressure in the region aligns with an increase in litigation within the United States and other countries. In March 2026, a civil jury in New Mexico found Meta liable for violating consumer protection laws<\/a>. The jury determined that the corporation failed to protect minors from sexual exploitation and ordered a payment of US$375 million in damages.\u00a0<\/p>\n Furthermore, more than 40 state attorneys general have filed lawsuits alleging that Meta designed addictive features that contributed to a mental health crisis among adolescents<\/p>\n How Did Meta Violate the DSA?<\/strong><\/p>\n The commission identifies three primary areas where Meta failed to comply with the DSA<\/a>: age verification mechanisms, reporting tools, and scientific risk assessment.\u00a0<\/p>\n Current registration processes on Instagram and Facebook rely on self-declared dates of birth. The European Commission notes that minors can easily enter false information to bypass restrictions because effective verification controls do not exist. To address this, the commission suggests that technology companies must adopt age estimation tools that are accurate, robust, and non-intrusive.<\/p>\n The European Commission is developing an age verification application to provide a standardized framework for the industry. This application would allow users to prove their age without sharing excessive personal details with private platforms.\u00a0<\/p>\n Furthermore, the mechanisms for reporting underage users are described as complex and ineffective. Users must navigate seven clicks to reach the reporting form, which does not automatically populate with the data of the account being reported.\u00a0<\/p>\n The European Commission adds that even when users report underage accounts, the platforms often fail to provide adequate follow-up, allowing the accounts to remain active. This lack of enforcement suggests that the terms and conditions of the corporation serve as written statements rather than actionable safety protocols.<\/p>\n The investigation also argues that Meta performed an incomplete and arbitrary risk assessment. The European Commission asserts that the corporation ignored established scientific research indicating that young children are more susceptible to cyberbullying, grooming, and age-inappropriate content. The DSA requires that platforms of this scale must proactively mitigate these risks to ensure a high level of privacy and safety.\u00a0<\/p>\n The European Commission suggests that Meta must reform its methodology to accurately evaluate how these threats manifest within the European Union. If the European Commission confirms these preliminary findings, Meta could face a non-compliance decision that includes significant financial sanctions. Under the DSA, the commission can impose fines of up to 6% of the total global annual turnover of the provider<\/a>.\u00a0<\/p>\n Meta reported revenue of US$201 billion for 2025<\/a>, which implies a potential penalty exceeding US$12 billion. Additionally, the commission can apply periodic penalty payments to compel the corporation to implement corrective measures immediately.<\/p>\n The New Mexico trial, scheduled for May 4, may complicate matters for Meta, as it could result in court-ordered mandates for the company to alter its operations, such as requiring effective age verification and the removal of known predators.<\/p>\n \u201cMeta executives knew their products harmed children, disregarded warnings from their own employees, and lied to the public about what they knew,” says<\/a> Raul Torrez, Attorney General, New Mexico Attorney General Office.<\/p>\n