Meta isn’t doing enough to keep kids off Facebook and Instagram, rules EU

```json { "title": "EU Rules Meta Fails to Keep Kids Off Facebook and Instagram", "metaDescription": "The European Commission has preliminarily found Meta in breach of the Digital Services Act for failing to stop children under 13 from accessing Facebook and Instagram.", "content": "<h2>EU Rules Meta Is Breaching Digital Services Act Over Child Safety on Facebook and Instagram</h2><p>The European Commission issued a preliminary ruling on April 29, 2026, finding that Meta's Facebook and Instagram are in breach of the Digital Services Act (DSA) for failing to prevent children under 13 from accessing their platforms. The decision, the result of a formal investigation launched on May 16, 2024, marks one of the most significant regulatory actions yet taken against Meta under the EU's sweeping digital rulebook — and carries the potential for a fine approaching $10 billion.</p><p>According to the Commission's press release (IP/26/920), the preliminary finding concludes that Meta has failed to diligently identify, assess, and mitigate the risks of minors under 13 years old accessing Instagram and Facebook. Both platforms set 13 as their minimum age in their own terms of service — but the Commission found those rules are largely unenforceable in practice.</p><h2>What the Commission Found: Ineffective Age Enforcement and a Seven-Click Reporting Tool</h2><p>The core problem, according to the Commission, is straightforward: children can simply enter a false date of birth when signing up for Facebook or Instagram, and Meta has no mechanism in place to verify that information. Despite Meta's stated minimum age of 13, the Commission found that roughly 10 to 12 percent of children under 13 across Europe are actively using Instagram and/or Facebook — a figure drawn from EU member state data that directly contradicts Meta's own internal assessments.</p><p>The problems don't stop at sign-up. The Commission found that Meta's tool for reporting underage users is deeply inaccessible: it requires up to seven clicks just to reach the reporting form, which is not automatically pre-filled with the reported user's information. And even when a minor under 13 is flagged through that process, there is often no proper follow-up — the reported account can continue operating without any kind of review or check.</p><p>The Commission also noted that its ongoing investigation covers the design of Facebook's and Instagram's online interfaces, which may exploit the vulnerabilities and inexperience of minors, leading to addictive behaviour and so-called "rabbit hole" effects — where algorithmic recommendations pull users deeper into content loops.</p><p>Critically, the Commission stated that Meta had "disregarded readily available scientific evidence" indicating that younger children are particularly vulnerable to harms from services like Facebook and Instagram.</p><h2>The Stakes: A Fine That Could Reach $10 Billion</h2><p>Under the DSA, verified violations can result in fines of up to 6% of a company's total worldwide annual turnover. Meta reported nearly $165 billion in revenue last year, meaning a maximum fine under these rules could approach $10 billion — though the Commission has not yet issued a final non-compliance decision. Meta retains the right to review the Commission's case file and submit a written response before any final ruling or financial penalty is confirmed.</p><p>The DSA's enforcement mechanism is designed to compel platforms to do more than publish terms of service. As Henna Virkkunen, Executive Vice President at the European Commission, stated: <strong>"The DSA requires platforms to enforce their own rules: terms and conditions should not be mere written statements, but rather the basis for concrete action to protect users – including children."</strong></p><p>Virkkunen was unambiguous in her characterization of Meta's current approach: <strong>"Instagram and Facebook are doing very little to prevent children below this age from accessing their services."</strong></p><h2>Context: A Broader EU Push on Child Safety Online</h2><p>The ruling against Meta does not exist in isolation. It is part of a broader and accelerating EU effort to enforce child safety rules across major digital platforms under the DSA framework.</p><p>In March 2026, the Commission issued similar preliminary findings against four pornographic platforms — including Pornhub — for allowing children to access adult content in violation of the DSA. A separate investigation into TikTok over addictive design features is also ongoing.</p><p>On the infrastructure side, the EU has been building its own age verification system. According to the European Commission's digital strategy page, an EU age verification solution — designed to allow users to prove their age without sharing other personal data — became feature-ready on April 15, 2026. Member states and market players can now customize and deploy the tool, and Commission President Ursula von der Leyen has stated that the new age verification solution and enforcement of DSA rules "go hand in hand."</p><p>Von der Leyen framed the Commission's action as part of a clear political commitment: the EU is "holding online platforms accountable that do not protect enough our kids."</p><h2>Geopolitical Friction: The Trump Administration's Pushback</h2><p>The ruling arrives against a backdrop of significant transatlantic tension over digital regulation. The Trump administration has vocally criticized the DSA as regulatory overreach disproportionately targeting American technology companies.</p><p>When the EU fined X, formerly Twitter, €120 million for breaking the bloc's digital transparency rules, U.S. Secretary of State Marco Rubio publicly called the fine "an attack on all American tech platforms." That framing signals that any final DSA penalty against Meta — a far larger company — could provoke an even sharper response from Washington.</p><p>Whether that geopolitical pressure will influence the Commission's final decision remains to be seen. The preliminary finding is not a final ruling, and Meta has the opportunity to formally respond before any penalty is issued.</p><h2>Meta's Response: Disagreement and a Promise of More Measures</h2><p>Meta disputed the Commission's preliminary findings. In a statement provided to multiple outlets, a Meta spokesperson said: <strong>"We're clear that Instagram and Facebook are intended for people aged 13 and older and we have measures in place to detect and remove accounts from anyone under that age."</strong></p><p>The company also acknowledged the broader industry challenge at play: <strong>"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."</strong></p><p>Meta stated it disagrees with the preliminary findings and indicated it would have more to share in the days following the ruling about "additional measures rolling out soon." The company did not specify what those measures would entail.</p><h2>What Happens Next</h2><p>The Commission's April 29 ruling is preliminary, not final. Meta now has the right to review the Commission's full case file and submit a written defence before a final non-compliance decision is issued. If the Commission proceeds to a final finding of breach, it can impose a fine of up to 6% of Meta's global annual revenue — a figure that could reach approximately $10 billion based on the company's most recently reported revenue of nearly $165 billion.</p><p>The EU's newly feature-ready age verification infrastructure, available to member states as of April 15, 2026, may also factor into the regulatory conversation going forward. The Commission has indicated that platform-level enforcement and EU-wide age verification tools are complementary approaches, not alternatives.</p><p>For now, the investigation into Meta's interface design — and whether it is engineered to exploit minors' inexperience and drive addictive engagement — remains open and ongoing.</p><p>For more tech news, visit our <a href=\"/news\">news section</a>.</p><h2>Why This Matters Beyond Regulation</h2><p>The EU's preliminary ruling against Meta is more than a legal or financial story. At its core, it concerns the digital environments that children are growing up in — and the degree to which major platforms take meaningful responsibility for enforcing their own rules. The Commission's finding that 10 to 12 percent of under-13s across Europe are on Facebook or Instagram, despite explicit prohibitions in Meta's own terms of service, raises serious questions about the gap between platform policy and platform practice.</p><p>For parents, employers, and anyone concerned about the intersection of technology and wellbeing, the case underscores a growing body of concern about how social media platforms are designed — and for whom. The Commission's separate, ongoing investigation into whether Facebook's and Instagram's interface design exploits minors' vulnerabilities and drives "rabbit hole" effects adds another dimension to a debate that extends well beyond EU borders.</p><p>At Moccet, we believe that understanding the platforms shaping our daily habits — and the regulatory forces seeking to govern them — is a foundational part of managing your own health and productivity in a digital world. <a href=\"/#waitlist\">Join the Moccet waitlist to stay ahead of the curve.</a></p>", "excerpt": "The European Commission issued a preliminary ruling on April 29, 2026, finding Meta's Facebook and Instagram in breach of the Digital Services Act for failing to stop children under 13 from accessing their platforms. The decision follows a nearly two-year investigation and could result in a fine approaching $10 billion. Meta has disputed the findings and says additional protective measures are coming soon.", "keywords": ["Meta Digital Services Act", "EU child safety online", "Facebook Instagram minors", "DSA fine Meta", "EU age verification"], "slug": "eu-rules-meta-fails-to-keep-kids-off-facebook-and-instagram" } ```