Meta has been found in breach of EU law for failing to prevent children under 13 from using its Facebook and Instagram platforms. The European Commission issued preliminary findings on Wednesday after a nearly two-year investigation, stating that the tech company did not have effective measures to keep under-13s off its services.
Commission's Findings
The Commission said Meta could not meet its own terms and conditions, which set 13 as the minimum age for safe access to Facebook and Instagram. Under the EU's Digital Services Act (DSA), Meta is required to diligently identify and mitigate risks of underage use. The Commission noted that children under 13 could easily create accounts using fake birthdates, and the company's reporting tool for underage users was deemed difficult to use and ineffective, with no proper follow-up.
Potential Penalties
If the preliminary findings are upheld, Meta could face a fine of up to 6% of its global annual turnover. Meta reported revenue of $201 billion (148 billion pounds) for 2025. The company now has the opportunity to examine the investigation file and mount a defence.
Meta's Response
A Meta spokesperson disagreed with the findings, stating that Instagram and Facebook are intended for people aged 13 and older, and that the company has measures to detect and remove underage accounts. The spokesperson acknowledged that understanding user age is an industry-wide challenge requiring an industry-wide solution, and said Meta continues to invest in technologies and engage constructively with the Commission.
Broader Context
The findings come as European governments consider banning social media for children. Spain wants a ban for under-16s, while French lawmakers have voted for restrictions for under-15s. The UK government is also looking at age or functionality restrictions for children under 16.
The Commission's lead official on tech policy, Henna Virkkunen, stated that the DSA requires platforms to enforce their own rules, and that terms and conditions must be the basis for concrete action to protect users, including children. She highlighted that Meta's poor mitigating measures expose children to dangers such as cyberbullying, grooming, and age-inappropriate experiences.
Ongoing Investigation
The Commission opened a wide-ranging investigation into Meta in May 2024 under the DSA. Other strands continue, including whether Meta is doing enough to protect young users' physical and mental health, and examining potentially addictive impacts like rabbit hole effects where algorithms feed negative content.
EU Age Verification App
Separately, the Commission urged member states to have an EU age verification app operational by year-end. The app would allow users to prove their age online without sharing other personal details. Some member governments prefer their own national versions, and a cybersecurity expert claimed to have hacked a demo version, though the Commission said the vulnerability has been fixed.
