The UK regulator Ofcom has launched an investigation to determine whether Meta complied with UK online safety rules before launching the Instagram Instants feature. This feature allows users to share images that disappear after viewing.
The review aims to establish whether the company conducted a proper risk assessment concerning illegal content and potential impact on children before rolling out the tool in May.
Instants enables sending photos to friends or people the user follows who also follow them. After viewing, the pictures disappear. For teenagers with Teen accounts, Meta claims to provide protections such as screenshot blocking, sharing, and forwarding.
This specific change to the service is at the center of the investigation. Under British law, significant changes to digital platforms must undergo an assessment before launch. Ofcom seeks to determine if Meta met this requirement in the case of Instants.
The analysis also covers risks associated with content types such as pornography, self-harm, suicide, violence, hate speech, and bullying. The regulator has previously pointed out that messaging and disappearing image features can pose dangers to children and adolescents.
Meta stated that it takes its obligations under British law seriously. In a statement, the company reported that it conducted a risk analysis and informed Ofcom about the feature prior to its launch.
A Meta representative stated: 'We conducted a risk assessment and informed Ofcom about this feature on several occasions before its launch.' The company also emphasized: 'Naturally, we will cooperate with Ofcom during this investigation.'
Instants functions similarly to tools available on platforms like Snapchat and WhatsApp, which allow sending photos that can disappear after being viewed.
Ofcom began the process by collecting and analyzing evidence to determine if any legislation was violated. If the regulator decides that Meta failed to meet its obligations, it will issue a preliminary decision to the company, which it can respond to before the investigation concludes.
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If a violation is confirmed, Ofcom may require measures to bring the platform into compliance with the law and compensate for any potential damages. Furthermore, the regulator could impose a fine of up to £18 million (approximately 132 million Brazilian reais) or 10% of the company's global annual turnover, whichever is greater.
The investigation takes place amid ongoing legal proceedings where Meta, TikTok, and X are challenging certain requirements set by Ofcom regarding the application of the UK Online Safety Act.