Meta found in breach of EU law over failure to keep under-13s off Facebook and Instagram

TECH GIANT META has been found to be in breach of EU digital law for failing to effectively prevent children under the age of 13 from accessing Facebook and Instagram.

The preliminary finding by the European Commission this morning could expose the company to a fine of up to 6% of its annual global turnover.

According to the Commission, Meta has not “diligently identified, assessed and mitigated” the risks of underage users accessing its platforms, despite its own terms setting 13 as the minimum age.

The Commission found that children can easily create accounts by entering false birth dates, with no effective checks in place to verify their age.

It also criticised Meta’s reporting tools for underage accounts, saying they are “difficult to use and not effective”, requiring multiple steps and offering no guarantee of follow-up action.

Officials said this means underage users who are reported can often continue using the platforms without further verification.

The Commission also said Meta’s risk assessments were inadequate and contradicted evidence suggesting around 10 to 12% of under-13s in the EU access Facebook or Instagram.

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It said the company had failed to properly account for scientific research showing younger children are more vulnerable to potential harms online.

Henna Virkkunen, the Commission’s Executive Vice-President for Tech Sovereignty, Security and Democracy, said terms and conditions “should not be mere written statements, but rather the basis for concrete action to protect users – including children”.

“Our preliminary findings show that Instagram and Facebook are doing very little to prevent children below this age from accessing their services,” Virkkunen said.

The findings do not represent a final ruling. Meta now has the opportunity to respond, review the evidence, and propose remedies.

The European Board for Digital Services will also be consulted.

If the Commission’s view is confirmed, it could issue a non-compliance decision and impose fines, as well as periodic penalties to force compliance.

The investigation, opened in May 2024 under the Digital Services Act, is ongoing and also includes scrutiny of whether Meta’s platform design contributes to addictive behaviour in young users, including so-called “rabbit hole” effects.

Additional reporting from AFP

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