Meta has been charged by European regulators for failing to prevent children under 13 from accessing Facebook and Instagram, a case that could lead to significant fines under the bloc's landmark digital law.
The European Commission said in its preliminary findings that the company did not adequately enforce its minimum age requirement, exposing potential breaches. Regulators found children could create accounts by entering false birth dates with no meaningful verification systems in place to stop them, CNBC reported.
The charges come under the Digital Services Act, which requires large technology companies to do more to tackle illegal and harmful content on their platforms and to assess and mitigate risks to users, particularly minors. The Commission's action follows a roughly two-year investigation launched in May 2024 into Meta's compliance with those obligations.
Officials also pointed to flaws in Meta's reporting systems for underage users, saying they are difficult to navigate and often ineffective. The process can require multiple steps to access, and even when accounts are reported, there is no guarantee of follow-up action to remove underage users.
"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 European Commission's executive vice-president for tech sovereignty, security and democracy, in the Commission's announcement, Reuters reported.
She added that platform rules "should not be mere written statements, but rather the basis for concrete action to protect users, including children," underscoring concerns about enforcement gaps.
The Commission said Meta failed to "diligently identify, assess and mitigate" risks tied to underage access and criticized its risk assessment processes as inadequate. Regulators also cited evidence suggesting that between 10% and 12% of children under 13 in the European Union may already be using Facebook or Instagram.
Meta pushed back against the findings and said it plans to respond formally.
"We disagree with these preliminary findings. We're clear that Instagram and Facebook are intended for people aged 13 and older and we have measures in place to detect and remove accounts from anyone under that age," a Meta spokesperson said in comments reported by CNBC.
The company added that it continues to "invest in technologies to find and remove underage users" and will introduce additional measures soon. It also said age verification remains an "industry-wide challenge" requiring broader solutions.
If confirmed, the findings could result in fines of up to 6% of Meta's global annual revenue, along with additional penalties designed to force compliance with EU rules.
The investigation also examines whether Meta's platform design contributes to addictive behavior among younger users, including so-called "rabbit hole" effects that can keep users engaged for extended periods, according to The Guardian.
The case comes amid intensifying scrutiny of how social media companies protect children. Governments across Europe are considering stricter rules on youth access, including tougher age verification systems and potential bans for younger users. Countries such as the U.K., France and Spain are actively reviewing such measures.
In the U.K., regulators have urged platforms to move beyond self-declared ages. The Information Commissioner's Office said companies should adopt stronger tools such as facial age estimation or digital ID verification, warning that current systems are "easily circumvented."
"With ever-growing public concern, the status quo is not working, and industry must do more to protect children," the regulator said in its communication to social media companies.
