Meta’s Instagram and Facebook have been preliminarily found in breach of the EU’s Digital Services Act (DSA) as minors under its age limit of 13 years old were found to be using the platforms.
The DSA was created by the EU to ensure online spaces are safe and trustworthy. With big tech companies growing at an exponential rate, rules were placed on online services such as social media networks to protect citizens’ rights.
The European Commission has based its findings on an almost two-year investigation on Meta launched in 2024. It says Meta does not have enough safeguard measures to keep underage users off Facebook and Instagram.
Without these measures, Meta cannot properly identify and reduce the risks young users face online. The company could now face fines of up to 6% of its global annual turnover – which would amount to billions of Euros.
A Meta spokesperson said this is an industry-wide challenge and that it is clear that these platforms are not intended for users under 13. However, EU and other investigations have repeatedly raised questions over whether Meta has done enough to protect the mental and physical health of young users.
Veronika Cifrová Ostrihoňová MEP (Progresívne Slovensko, SK), who sits in the European Parliament Public Health Committee, says platforms must stop making excuses:
“We keep hearing excuses from online platforms about why protecting children online is supposedly too difficult. Yet, in this case, they even ignore their own terms and conditions! Children under 13 years old should not be on social media. Just like they are not allowed to smoke cigarettes or drink alcohol. I urge the Commission to swiftly conclude the investigation and to come up with an EU harmonised approach to age limit for online platforms. This is a public health crisis that we are talking about.”
The case comes amid a wider European debate on whether social media should be restricted for children under a certain age. As countries continue to differ on the best approach, pressure is growing for a common EU response.
The European Commission also announced plans to launch an EU age verification application by the end of the year, aimed at making age checks easier across platforms.
For liberals, the EU cannot afford to wait while harmful content, addictive algorithms and illegal materials continue to shape young users’ lives. Children need better protection online.
Our online spaces shape how young people see the world. The EU must act now to prevent lasting harm.