The European Commission has issued preliminary findings that Meta breached EU law by failing to prevent children under 13 from using Facebook and Instagram, according to the Commission. The European Commission announced on Wednesday that it had reached a preliminary conclusion that Meta violated the Digital Services Act (DSA) by not having effective measures to stop children under 13 from accessing its platforms. The investigation, opened in May 2024, found that children could use a fake birthdate to open accounts with no checks on their self-declaration.
'Our preliminary findings show that Instagram and Facebook are doing very little to prevent children below this age from accessing their services,' said Henna Virkkunen, the EU lead official on tech policy, during a press conference. The Commission's preliminary findings do not prejudge the final outcome of the investigation. Meta will have the chance to examine the investigation file and mount a defence before a final decision is made.
Our preliminary findings show that Instagram and Facebook are doing very little to prevent children below this age from accessing their services.
If the finding is upheld, Meta could face a fine of up to 6% of its global annual turnover. Meta reported revenue of $201 billion for 2025, which would make a maximum fine approximately $12 billion. The final amount would depend on the severity and duration of the breach, as well as any aggravating or mitigating factors.
The case is part of a broader European push to regulate children's access to social media. Governments across Europe are considering banning social media for children. French lawmakers have voted for similar restrictions for under-15s, and the UK government is looking at 'age or functionality restrictions' on social media for children under 16.
The DSA requires platforms to enforce their own rules: terms and conditions should not be mere written statements, but rather the basis for concrete action to protect users – including children.
Other strands of the Commission's investigation into Meta continue, including whether the company is doing enough to protect the physical and mental health of young users. EU officials are also examining potentially addictive impacts of Meta platforms, including 'rabbit hole' effects where an algorithm feeds young people negative or extreme content. The Commission also criticised Meta's tool for reporting underage use, describing it as difficult to use and not effective, with no proper follow-up that allows underage users to continue using the service.
It remains unclear what Meta's defence will be, how the company will change its age verification mechanisms, or how many children under 13 are actually using Facebook and Instagram. The timeline for a final decision has not been announced.