The European Union has found Meta is failing to prevent children under 13 from using Facebook and Instagram, potentially exposing them to inappropriate content and putting the tech giant at risk of a massive fine.

The EU executive said on Wednesday a probe showed Meta broke digital content rules and told the US firm to strengthen its measures to prevent, detect and remove under-13s on both platforms.

Under Meta’s own terms and conditions, the minimum age to access the social media platforms is 13.

In its preliminary view, the EU found Meta had ineffective measures to enforce its own age restrictions.

Henna Virkkunen, EU tech commissioner, said terms and conditions should not be mere written statements, but rather the basis for concrete action to protect users, including children.

If the regulator’s views on Meta are confirmed, the EU can impose a fine of up to 6% of the company’s total worldwide annual turnover.

Meta disagreed with the EU’s findings.

A Meta spokesperson said Instagram and Facebook are intended for people aged 13 and older and the company has measures in place to detect and remove accounts from anyone under that age. The spokesperson added Meta would continue to engage with the EU.

Ongoing investigation

The European Union has in recent months stepped up efforts to protect children online, with several member countries considering social media bans for under-16s.

The EU executive is also exploring a possible bloc-wide age limit on social media after coming under intense pressure to take broader action following Australia’s groundbreaking ban on using such platforms for under-16s.

Wednesday’s preliminary findings against Meta come after the EU opened an investigation in May 2024 under the Digital Services Act, an online content law that has been fiercely criticised by US President Donald Trump’s administration.

The DSA is part of reinforced legal weaponry adopted by the EU in recent years to curb what Brussels describes as Big Tech’s excesses.

European regulators found Meta had no effective controls to check if children were simply creating accounts by entering false birth dates.

The EU also said Meta’s tool to report the presence of children on Facebook or Instagram was difficult to use and not effective, requiring up to seven clicks just to access the reporting form.

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Meta also inadequately identified the risks of children under 13 accessing the apps and the potential for exposure to age-inappropriate experiences.

An EU official said the risks to children included bullying, harassment and violent content.

Brussels added Meta’s risk assessment contradicts large bodies of evidence from across the EU that indicate around 10% to 12% of under-13s access the platforms.

Meta can avoid fines by offering remedies for the breaches.

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Design concerns

The May 2024 probe into Meta is wide-ranging.

EU regulators are still looking into how Meta protects users’ physical and mental wellbeing, as well as the addictive design of Facebook and Instagram.

Alongside the EU’s investigations into online platforms, Brussels this month said an EU-developed age-check app was ready to go.

During a press conference in Strasbourg, Virkkunen told EU states to speed up the app’s rollout so that European citizens can use it by the end of 2026.

Wednesday’s moves are part of several measures taken by the EU.

Last month, the EU said four pornographic platforms including Pornhub were allowing children to access adult content and separately launched an investigation into Snapchat over suspected child protection failings.

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