Ofcom investigates Meta over Instagram Instants feature launch

UK regulator says social media giant failed to properly assess risks before releasing the 'share-and-disappear' image tool

By LineZotpaper
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Updated
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Sources2 outlets
Ofcom has launched an investigation into whether Meta breached the UK's Online Safety Act by failing to carry out adequate risk assessments before launching the Instants feature on Instagram, which allows users to take and share images that disappear once viewed.

The investigation, announced by the regulator, centres on whether Meta conducted suitable risk assessments for illegal content and risks to children before the feature was introduced in May.

Under the UK's Online Safety Act, platforms must carry out and update risk assessments to comply with duties including tackling illegal content and protecting children from harmful material such as pornography, content promoting self-harm or suicide, and abusive or bullying content.

Ofcom enforcement director George Lusty said the laws are clear: "Significant changes to platforms must be risk assessed before they're launched. This is a vital step that tech firms must take to protect their users." He added: "You wouldn't launch a new car without testing it properly, and it's the same for online services."

A Meta spokesperson said the company takes its regulatory obligations seriously. "We conducted a risk analysis and briefed Ofcom about this feature on a number of occasions before launching it," the spokesperson said. "We will of course co-operate with Ofcom during this investigation."

The probe will examine whether Meta breached duties by not carrying out "a suitable and sufficient illegal content risk assessment and children's risk assessment before the launch of Instants," according to Ofcom.

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Analysis

Why This Matters

  • This investigation is one of the first major enforcement actions under the UK's Online Safety Act, setting a precedent for how the law will be applied to new features.
  • The outcome could influence how Meta and other social media platforms introduce product changes, particularly those involving ephemeral content that may evade moderation.
  • It highlights the ongoing tension between rapid product innovation and regulatory requirements for child safety and harm prevention.

Background

The Online Safety Act imposes a duty of care on platforms to protect users from illegal content and content harmful to children. This includes conducting risk assessments before launching significant new features. Instants, described by Meta as "a new way to share photos in the moment," allows users to send images to close friends that disappear after viewing, similar to features on other messaging apps.

Key Perspectives

Meta: The company maintains it conducted a risk analysis and briefed Ofcom on multiple occasions before the launch. It has expressed willingness to cooperate with the investigation. Ofcom: The regulator asserts that Meta failed to meet its legal obligation to perform suitable and sufficient risk assessments before launch, and that the investigation will determine whether enforcement action is necessary. Critics/Skeptics: Digital rights advocates may question the scope of the Online Safety Act, while child safety campaigners are likely to argue that platforms must be held to strict standards when introducing features that could be exploited for harmful purposes.

What to Watch

  • The investigation's findings, which could lead to fines or orders requiring Meta to change its practices.
  • How Meta responds to the probe, including any potential adjustments to Instants or its broader risk assessment processes.
  • Whether other regulators in different jurisdictions follow Ofcom's lead in scrutinising ephemeral content features.

Sources

Zotpaper

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