Addictive Potential Due to Technology Design – Preliminarily Also for Instagram and Facebook
After the European Commission preliminarily determined in February 2026 that TikTok is addictive, this now also applies to Instagram and Facebook, which are part of the Meta Group.
The European Commission is investigating these two services under the Digital Services Act (DSA) and believes that, as with TikTok, infinite scrolling, autoplay, push notifications, and a highly personalized recommendation system have the potential to be addictive. The Commission accuses Meta of failing to adequately assess the risks posed by its design to vulnerable individuals. Furthermore, Meta is alleged to have insufficiently considered the available information on the effects of various formats, such as “Reels” and “Stories.” Such formats can encourage excessive or compulsive use of the platforms.
Allegations Mirror Those in the TikTok Case
The allegations against Meta mirror the European Commission’s findings from its investigation into TikTok. As with TikTok, the European Commission considers the safeguards proposed by Meta to be insufficient. These safeguards could be circumvented too easily or fail to serve their purpose. This also applies to the information and links provided by Meta to raise awareness and educate the public about mental health.
According to the Commission’s preliminary assessment, Meta must adjust the design of its platforms. The Commission believes that possible changes could include, for example, the default deactivation of key addictive features such as “autoplay” and “infinite scrolling.” In addition, an effective mechanism for interrupting screen time must be implemented. Furthermore, the Commission considers it necessary to adjust the recommendation system to make it less engagement-oriented.
The Commission’s findings are, for now, only preliminary. It has not yet been definitively determined that Meta violated the DSA’s requirements; rather, the investigation is ongoing. Meta is therefore not yet required to make any changes to its design at this time. The Commission could only impose a fine for a violation of the DSA if its preliminary assessment is confirmed in the course of the ongoing investigation. A potential fine could then amount to up to 6% of Meta’s global annual revenue.
Meta can still defend itself against the allegations
The European Commission is not only investigating a potential risk of addiction stemming from the design of Instagram and Facebook. It is also scrutinizing age verification measures and the so-called “rabbit hole” effect. The “rabbit hole” effect causes a person searching for simple information to delve deeper and deeper into a topic, often losing track of time in the process. The reason for this is that platforms frequently use algorithms that constantly recommend further related content to pique users’ curiosity. The goal is to keep users on the platform. The Commission is examining whether the specific design of the recommendation systems on Instagram and Facebook leads to a “rabbit hole” effect.
The issue of addiction risks stemming from technology design has now come into the European Commission’s focus. It seems likely that the major platforms will have to adjust the design of their features in the future. It remains to be seen when that will happen and whether the solutions will actually have less addictive potential. The business model of the major platforms is designed to encourage users to spend as much time as possible on the platforms.
In the U.S., they are supposedly already a step ahead when it comes to protecting minors.
In a high-profile settlement on August 26, 2026, Meta agreed to make sweeping changes to Facebook and Instagram’s features in response to a lawsuit filed by 48 U.S. states. The changes are intended to protect children and adolescents from excessive use and social media addiction. Among the changes are, for example, a default 2-hour daily limit and nightly access restrictions. In addition, push notifications will be disabled during certain time periods. It remains to be seen whether and how easily these settings can potentially be circumvented.
In addition to the changes to the platforms’ features and design, the Meta Group must pay approximately $18 billion to the states involved in the settlement.
For now, the changes must be implemented only in the participating U.S. states. In Europe, therefore, everything will remain as it is for the time being. It is conceivable, however, that the European Commission might use the obligations imposed in the U.S. as a guide in its investigations against Meta.
Charlotte Werther, LL.M., is a lawyer and research associate at the Open Search Foundation e.V. As part of the PriDI project, she focuses on designing an open search infrastructure that complies with fundamental rights
