Ofcom investigates Meta over risk assessment of Instagram's Instants feature

The UK communications regulator Ofcom has opened an investigation into Meta. It will examine whether the company breached the Online Safety Act by failing to properly assess the risks of its Instagram Instants feature before launching it. Instants was launched on Instagram in May. The Guardian, the BBC and Reuters reported the investigation.

According to the BBC, Ofcom said its probe would examine whether Meta failed to carry out "a suitable and sufficient illegal content risk assessment and children's risk assessment before the launch of Instants".

Instants lets users share images that disappear after being viewed, according to the Guardian and the BBC. The BBC reported that these images can be seen by people a user has selected as "close friends" or by mutual followers. It also reported that disappearing messages and images have previously been singled out as posing particular risks for child and teen users of some apps.

Under the Online Safety Act, platforms must carry out risk assessments before making significant changes to their service's design or operation, according to both outlets. According to the Guardian, breaches can lead to actions ranging from a formal warning to a fine of up to 10% of global revenue.

Wider legal context

According to the Guardian, Ofcom is already investigating whether Meta failed to comply with a request for information related to WhatsApp. Meta, TikTok and X are challenging in court the amount of information Ofcom demands from them under the Act. The BBC said all three appeared in court this week. The Guardian reported that Meta is also challenging its placement in a new category under the Act with additional duties. The BBC separately reported that Meta contends its messaging and image-sharing apps should not face additional requirements under the Act, such as tackling paid-for fraud ads.

The Guardian reported that Meta is suing Ofcom in the High Court over how the regulator charges tech firms fees to cover its operating costs. The BBC reported that Meta has argued Ofcom should not be able to levy fines based on global annual revenue. The reports do not clarify whether these describe the same case.

What is disputed

Meta says it conducted a risk analysis before launch. According to the BBC, Ofcom said Meta had not properly assessed the feature's risks. The reports do not describe which deficiencies Ofcom identified, whether Ofcom disputes Meta's account of pre-launch briefings, or when a decision is expected.

What each side says

• Ofcom: The BBC quoted enforcement director George Lusty as saying: "Our online safety laws are clear – significant changes to platforms must be risk assessed before they're launched." He added: "Safety by design must be built in, not bolted on, and today's investigation shows we'll take action where we have concerns that providers are failing to comply."
• Meta: The BBC quoted a Meta spokesperson as saying: "We conducted a risk analysis and briefed Ofcom about this feature on a number of occasions before launching it." Meta says the feature blocks forwarding and includes all Teen Account safeguards; the BBC said it also blocks screenshots and reshares. The spokesperson said: "We will of course co-operate with Ofcom during this investigation."
• Molly Rose Foundation: According to the Guardian, the foundation said it was crucial that Meta is "held to account for their failures under the Online Safety Act".

Analysis

The case appears to test how Ofcom applies the Act's requirement to assess risks before significant design changes. The central question is not whether Meta assessed Instants at all, which it says it did, but whether any assessment was "suitable and sufficient" in Ofcom's view. Possible outcomes reported under the Act range from a formal warning to a substantial fine, or the investigation could end without a finding of breach. The probe also unfolds alongside several legal challenges between Meta and Ofcom. How those cases are resolved could influence the regulator's powers and approach, but the reports reviewed by Vocemundi do not indicate a timeline.

Produced by the Vocemundi newsroom with AI assistance.