Ofcom Opens Online Safety Act Investigation Into Meta Over Instagram Instants Feature
On Tuesday, the UK communications watchdog launched its inaugural formal probe into Meta under the Online Safety Act, examining if the firm adequately evaluated dangers associated with its Instagram Instants tool prior to its May rollout. Instants allows content shared by users on Instagram to disappear after being viewed. NDTV noted that Ofcom announced the inquiry would determine if Meta performed an adequate and sufficient evaluation regarding illegal material and potential dangers to minors prior to releasing the tool.
Regulatory Scrutiny and Safety by Design Requirements
George Lusty, director of enforcement at Ofcom, emphasized that platforms face requirements under the current regulatory framework. “Our online safety laws are clear – significant changes to platforms must be risk assessed before they’re launched,” Lusty said, adding that safety by design had to be built in rather than bolted on. “Today’s investigation shows we’ll take action where we have concerns that providers are failing to comply.”
Under Britain’s online safety regime, social media platforms, search engines, and adult content providers must tackle illegal content and protect children’s safety. Companies must conduct risk assessments and implement safety measures such as age verification. Non-compliance carries financial penalties, with Ofcom holding the power to impose fines of up to £18 million or 10% of qualifying worldwide revenue, whichever is greater.
Meta Defends Risk Analysis and Built-In Protections
Meta defended its rollout process, maintaining that it engaged with the regulator prior to the feature going live. A Meta spokesperson stated that the company took its regulatory obligations under the Online Safety Act seriously. “We conducted a risk analysis and briefed Ofcom about this feature on a number of occasions before launching it,” the spokesperson said. According to the company, Instants incorporates built-in protections including blocked screenshots, reshares, and forwarding capabilities, alongside the absence of a public feed and automatic Teen Account protections.
Prior Regulatory Actions and Ongoing Legal Disputes
This inquiry follows previous investigations under the Online Safety Act into an online suicide discussion forum last year, pornography sites, file-sharing services used to distribute child sexual abuse material, and platforms such as 4chan. Meta has launched legal challenges against Ofcom over the implementation of the act, specifically contesting the scale and scope of information required from the company and the level of fees charged. Separately, Ofcom launched an investigation in January into Meta regarding the provision of information about its WhatsApp Business product under the Communications Act.
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