The European Commission has found Meta in breach of EU law after concluding that the company failed to prevent children under 13 from using Facebook and Instagram, raising concerns over child safety and platform controls.
The finding follows a nearly two-year investigation under the Digital Services Act, which requires large platforms to assess and reduce risks to users, including minors. The Commission said Meta did not take sufficient steps to enforce its own minimum age requirement of 13.
Officials said children could access both platforms by entering false birth dates, with no effective system in place to verify age. The Commission also criticised reporting tools designed to flag underage users, stating they were difficult to use and often failed to trigger action.
“Our preliminary findings show that Instagram and Facebook are doing very little to prevent children below this age from accessing their services,” said Henna Virkkunen, the Commission’s executive vice-president for tech policy, according to the Commission statement.
The Commission said Meta’s risk assessment of underage use was incomplete and underestimated the scale of the issue. Evidence gathered during the inquiry suggests that between 10 and 12 per cent of children under 13 in the EU use the platforms.
The investigation, launched in May 2024, remains ongoing. The Commission stressed that the current findings are preliminary and do not determine the final outcome.
If the breach is confirmed, Meta could face a fine of up to 6 per cent of its global annual turnover. The company reported revenue of $201bn in 2025.
In response, a Meta spokesperson said the company disagrees with the findings and continues to invest in tools to detect and remove underage users. The spokesperson said verifying age online remains an industry-wide challenge and requires a broader solution.
The Commission said Meta must strengthen its systems to prevent, detect and remove underage accounts and ensure higher levels of safety and privacy for minors.
The case forms part of wider EU efforts to regulate large technology firms and address risks linked to children’s use of social media. Governments across Europe are considering stricter rules, including age-based restrictions on access to platforms.
At the same time, the Commission is developing an age verification tool that would allow users to confirm their age online without sharing additional personal data. The system is expected to be introduced later this year, though some member states have raised concerns about its effectiveness.
The Commission is also examining other aspects of Meta’s platforms, including whether their design contributes to excessive or harmful use among young people.
Meta now has the right to review the case file and respond before a final decision is made.
HT
