The European Commission has formally charged Meta Platforms' Facebook and Instagram with violations of the European Union's Digital Services Act (DSA), concluding in preliminary findings that the two social networks have not done enough to stop children under the age of 13 from using their services.
The action announced at the end of a two-year investigation represents a significant enforcement step under the DSA, the EU's regulatory framework that requires large tech firms to take stronger measures against illegal and harmful content on their platforms. The Commission's preliminary findings are not final - Meta has the opportunity to respond to the charges and to take remedial measures before the regulator issues a final decision.
Under the DSA, companies found in breach could face fines of up to 6% of global annual turnover. The Commission said the current proceedings stem from concerns that Facebook and Instagram did not sufficiently enforce their age restrictions and that the tools and processes in place to identify and remove users under 13 were inadequate.
In its statement, the EU regulator reported that between 10% and 12% of children under 13 in Europe used Facebook and Instagram - a figure Meta disputes. The company told regulators that the Commission's estimate was based on a small number of user surveys conducted nearly a decade ago, and said it disagreed with the preliminary findings.
"Our preliminary findings show that Instagram and Facebook are doing very little to prevent children below this age from accessing their services," EU tech chief Henna Virkkunen said. "Terms and conditions should not be mere written statements, but rather the basis for concrete action to protect users - including children."
Meta said it already operates measures aimed at detecting and removing accounts belonging to children under 13 and that it will announce additional steps next week. In a response quoted by regulators, a Meta spokesperson said, "Understanding age is an industry-wide challenge, which requires an industry-wide solution, and we will continue to engage constructively with the European Commission on this important issue."
The Commission also instructed that both platforms must revise their risk assessment methodology. It called for strengthened measures to prevent, detect and remove minors from the services. The regulator noted that if it deems Meta's subsequent actions insufficient, it retains the ability to impose fines - a decision that, if pursued, would likely take many months to arrive.
Next steps in the process include Meta's formal response and any immediate changes the company chooses to implement. The preliminary charge signals heightened regulatory scrutiny of age verification and safety measures on major social media platforms under the DSA framework.