The European Commission has announced a preliminary finding that Meta’s Facebook and Instagram platforms breach the Digital Services Act (DSA) because of design features it describes as addictive. The Commission’s investigation targets interface elements and recommendation systems that it says are intended to maximise user engagement.
What the Commission announced
In a brief statement, the Commission said it has preliminarily found that Facebook and Instagram’s design contravenes obligations under the DSA. The probe focuses on features including infinite scroll, autoplay, push notifications and “highly personalised recommender systems.” According to the announcement, these features are at the centre of concerns that the platforms’ design steers users into prolonged and repeated use.
The Commission framed the finding as preliminary, signalling that the investigation is ongoing and that further procedural steps may follow. The statement did not provide additional details such as the legal basis within the DSA being invoked, specifics of the evidence, or a timetable for final conclusions or potential sanctions.
Why it matters
The DSA, which entered into force to regulate online intermediary services across the EU, places new duties on very large online platforms and seeks to tackle systemic risks related to their services. A finding that commonly used design elements like infinite scroll and autoplay are unlawful under the DSA would mark a significant interpretation of how the rulebook applies to user experience and recommendation technologies.
For EU users, such a finding could underpin efforts to limit design practices that are argued to encourage prolonged use or compulsive behaviour. For platforms and digital services providers, it signals regulatory scrutiny of product design and algorithmic recommendation, beyond the traditional focus on content moderation and illegal content removal.
The Commission’s statement singles out “highly personalised recommender systems,” highlighting algorithmic personalization as a key area of regulatory concern. That emphasis may affect how platforms engineer their recommendation systems and whether they must introduce design changes or transparency measures to comply with the DSA.
What happens next
The Commission characterised the finding as preliminary, which means the investigation remains active and further steps are expected. The announcement did not specify the next procedural stage, such as whether Meta will receive a formal request for remedial measures, fines, or a compliance order, nor did it indicate a timeframe for concluding the probe.
As the case develops, the Commission’s final position will determine whether the preliminary assessment leads to enforcement action under the DSA. Any follow-up measures would clarify the practical implications for platforms’ design choices and for member states tasked with implementing and enforcing the new digital rules.
Source: European Commission press release
