The European Commission has issued preliminary findings that Meta is in violation of the Digital Services Act over design features on Instagram and Facebook that regulators say push users’ brains into “autopilot mode.” The investigation, roughly two years in the making, zeroes in on infinite scrolling, autoplay video, push notifications, and personalized recommendation algorithms as the primary offenders.
The accusation isn’t that Meta built engaging products. It’s that the company allegedly failed to assess or mitigate the systemic risks those engagement-maximizing features create, particularly for minors and vulnerable adults.
What the EU actually wants Meta to change
The Commission’s directive isn’t vague hand-waving. Regulators have outlined specific design changes they want implemented: autoplay and infinite scrolling turned off by default, mandatory screen-time break prompts, and algorithmic overhauls that prioritize user safety over raw engagement metrics.
The Digital Services Act became fully applicable to large online platforms in 2024, giving regulators the legal framework to go after exactly this kind of design philosophy. The potential penalty for non-compliance sits at up to 6% of Meta’s total annual worldwide turnover.
