Ofcom investigates Meta over new Instagram feature in the UK
Key Points
- Ofcom has opened a formal investigation into Meta over Instagram Instants.
- The probe examines whether Meta assessed risks to users and children before launch.
- Instants launched in May and lets users share content that disappears after viewing.
- Ofcom can fine Meta up to £18 million or 10% of worldwide revenue.
Ofcom has opened an investigation into Meta over Instagram’s new Instants feature.
The UK communications regulator announced on Tuesday (6 October) that it would examine whether Meta broke the Online Safety Act when it launched Instants.
Meta launched Instants as an Instagram feature in May, letting users share content that disappears once someone has viewed it.
Ofcom said it would establish whether Meta carried out a suitable and sufficient illegal content risk assessment and children’s risk assessment before the feature went live.
Under the Online Safety Act, tech firms must assess and mitigate the risk of people in the UK encountering illegal content on their platforms.
Platforms that children are likely to use must also assess and mitigate the risk of under-18s seeing certain types of harmful material.
Providers must update these risk assessments before making any significant changes to the design or operation of their service.
Ofcom warned major platforms earlier this year that they could face enforcement action if they failed to assess significant changes before rolling them out.
“Our online safety laws are clear – significant changes to platforms must be risk assessed before they’re launched,” said George Lusty, Director of Enforcement at Ofcom.
“You wouldn’t launch a new car without testing it properly, and it’s the same for online services,” Lusty said.
“Safety by design must be built in, not bolted on, and today’s investigation shows we’ll take action where we have concerns that providers are failing to comply,” he added.
What happens next
Ofcom will first gather and analyse evidence to determine whether Meta has breached the Act.
If the regulator believes a compliance failure has taken place, it will issue a provisional decision to Meta, which can then respond to the findings in full before Ofcom makes its final decision.
Should Ofcom find that Meta broke the law, it can order the company to take specific steps to comply and to remedy any harm the breach caused.
The regulator can also fine Meta up to £18 million or 10% of its qualifying worldwide revenue, whichever is greater.
Ofcom said it would provide updates as the investigation progresses.
