La The European Commission has given Meta a serious reprimandBrussels, the company that owns Facebook and Instagram, is being criticized for failing to prevent children under 13 from using its social media platforms despite its own rules prohibiting it. Brussels considers the company's current tools clearly insufficient and potentially violating the right to privacy. Digital Services Act (DSA).
The investigation opened by the European Commission places Meta in a delicate situation: if the detected infringements are confirmed, The company could face a penalty of up to 6% of its global annual revenuea potentially multi-million euro fine. All this amidst a European debate on how to better protect minors online and set minimum ages for accessing social media.
What exactly does Brussels criticize Instagram and Facebook for?
The core of the accusation is based on the fact that Meta's own terms of use state that its services are not directed at children under 13 years of age.However, in practice, the company is not doing what is necessary to ensure compliance with that rule. According to the Commission's preliminary findings, Instagram and Facebook hardly put up any real obstacles. so that a minor of that age can open and maintain an active account.
Brussels emphasizes that, as things stand, Simply enter a fake date of birth when registering to access any of these platforms. There is no robust mechanism to verify that information or verification systems that effectively block profiles of children under 13. In fact, community services believe that They are not quickly identified or eliminated the accounts that, once detected, belong to users below that threshold.
The Vice-President of the Commission in charge of Technological Sovereignty, Henna Virkkunen, has been particularly clear: Preliminary findings suggest that Instagram and Facebook "do very little" to prevent access by such young children to their services. The EU official insists that, when minors are involved, a very high level of privacy, security and protection must be guaranteed, as required by the DSA.
Another aspect that worries the Commission is the actual usefulness of the Meta's internal reporting tools. The form for reporting the presence of a child under 13 years of age is considered “difficult to use and ineffective”Reaching it can require up to seven clicks, and the process is not simplified even by automatically filling in the basic data of the user you want to target.
Furthermore, European authorities have observed that even when Meta is notified of the existence of a child account, adequate follow-up is not always carried outToo often, the reported profile remains active without additional controls, so the minor can continue browsing, posting and receiving content without any specific protection measures being applied.
Risks to children and the scope of the problem in the EU
The deficiencies detected are not, in Brussels' view, a minor procedural oversight. The Commission points out that these gaps in age verification They directly expose children to very specific riskssuch as cyberbullying, the recruitment of minors for sexual purposes, or access to content clearly inappropriate for their maturity.
Community services indicate that Meta has underestimated in its own internal reports the seriousness of allowing children under 13 to use its platformsAccording to the Commission, the company ignored much of the scientific evidence and studies available in the European Union that point to the particular vulnerability of young children to this type of digital service.
In its analyses, Brussels uses data that suggests that Between 10% and 12% of children under the age of 13 access Instagram or Facebook in the EUThis proportion, when applied to the European child population, implies millions of minors potentially exposed to content, contacts, and social network dynamics that are not designed for their age.
The very architecture of these platforms—based on recommendation algorithms, constant interaction, and continuous stimuli—can have, according to the documentation and studies cited by the Commission, a particularly harmful impact on mental health and emotional development, as shown by the risks of exposing minorsThat is why the DSA requires a serious and comprehensive assessment of these risks.
However, the European Commission concludes that The risk assessments presented by Meta are “incomplete and arbitrary”In their view, they do not adequately reflect either the magnitude of the problem or the mitigation measures that would be necessary to reduce children's exposure to harmful experiences.
The DSA and compliance with Meta's own standards
The accusation against Meta is part of the Digital Services Act (DSA)The major European regulation that aims to regulate the operation of large platforms in the digital single market. One of its key aspects is that It is not enough to have well-written general conditionsPlatforms must implement them effectively and demonstrate this to regulators.
In this case, the Commission recalls that It was Meta itself that set the 13-year limit as a minimum age to use its social networks, and what is being analyzed now is not whether that age is appropriate, but whether the company is fulfilling its own promise. The terms of service, Brussels insists, They are not mere declarations of intentbut commitments that create specific obligations under the DSA.
European regulations require large platforms to make a real effort to identify and manage systemic risksincluding those that specifically affect children and adolescents. This implies reviewing their algorithms, recommendation systems, moderation policies, and verification mechanisms.
In the Commission's view, the measures adopted so far by Meta They do not meet the standard of due diligence required of a supplier of this sizeHence the decision to file a preliminary indictment, which is part of the investigation opened in May 2024 into the operation of Instagram and Facebook under the DSA.
It is worth emphasizing that the accusation is still provisional. Meta now has a period to examine the file, respond and, if it deems it appropriate, introduce immediate changes. in their policies and systems to correct the identified deficiencies. Only after analyzing these responses will the Commission decide whether to issue a non-compliance resolution.
Possible multimillion-dollar fines and Meta's reaction
If the European Commission ultimately confirms that the DSA has been violated, may impose a fine of up to 6% of Meta's annual worldwide turnoverIn a company of this size, the potential financial penalty is in the billions of euros, which gives an idea of the scale of the proceedings.
Beyond the financial impact, A ruling against it would set a significant precedent for the application of the DSA to other large technology companies. Brussels is thus sending the message that it is prepared to use all the tools of the new regulations to ensure that platforms respect their obligations, especially regarding the protection of minors; previous cases such as a multimillion dollar fine for Meta They illustrate the reputational and economic consequences.
The initial reaction from the American company has been to defend that Facebook and Instagram are intended only for users aged 13 and over and that mechanisms already exist to detect and delete accounts of those who are under that age. Meta does admit, however, that Accurately identifying the real age of users is a challenge shared by the entire industry..
The company has announced that it will present additional information on new security measures and changes to its age verification systems. The aim is, on the one hand, to reduce regulatory pressure and, on the other, demonstrate that it is willing to strengthen its policies to better align with the requirements of the DSA.
In parallel, the Commission leaves the door open to coordinate with Meta for possible technical and procedural adjustments to ensure that children under 13 cannot continue using social media as if nothing has changed. However, if the company does not cooperate sufficiently or the changes are deemed inadequate, Brussels points out that it has the full range of sanctions provided for by law.
Spain, Europe and the new regulatory wave on the digital age
This power struggle between Brussels and Meta is taking place at a time when Several European countries are raising the minimum age for accessing social networksAlthough the European Union has not yet established a single, harmonized "digital age", there is a clear movement towards greater restrictions for teenagers.
France, Italy, Denmark and Greece have already approved frameworks that, in practice, They prohibit or limit the use of social media for children under 15.Spain, for its part, has positioned itself at the most restrictive end of the debate by proposing a threshold of 16 years for access to these platforms, in line with the growing social concern about the impact of social networks on the mental health of young people.
Given this patchwork of regulations, the European Commission insists that It is not yet taking a position on what the common minimum age should be.This issue is being debated in a specific working group created by Von der Leyen's government, which must present a series of recommendations on minors' access to digital services before the summer.
Based on those conclusions, Brussels will assess whether it makes sense to present a concrete legislative proposal to set a harmonised limit across the Union. That decision could come before the end of the year, but for now, the priority is to ensure compliance with what is already in force through the DSA.
Meanwhile, the indictment against Meta serves as Direct notice to the major platforms operating in the European marketThe time of "soft" self-regulation is over, and companies will have to demonstrate with actions that they protect minors, beyond public messages and generic promises.
The European age verification app and the role of the States
In parallel with the actions against Meta, the European Commission is working with several Member States —including Spain, France, Denmark, Greece, Italy and Ireland— in the development of a common tool to verify users' real age. This is a European age verification application which is already being tested in a pilot version.
According to Brussels, the technical development of this app is practically complete and The tool is ready for each country to adapt and implement. within their territory. The idea is that, before the end of the year, the 27 member states will be able to offer their citizens a free, interoperable and secure solution that allows validate age without compromising privacy.
Vice President Henna Virkkunen has called on national governments to Accelerate efforts to deploy age verification systems compatible with each other, following the guidelines set by the Commission. The aim is to prevent users from bypassing controls simply by changing countries or using a VPN connection.
The European app will not be mandatory for platforms, but the DSA requires that, if they opt for their own systems, These offer equivalent guarantees in terms of data protection, security, and effectiveness. In practical terms, large technology companies will have to demonstrate that their solution meets the standards set by the EU.
Furthermore, the Commission reserves the right to evaluate and certify potential public or private suppliers that offer these types of tools. The idea is to publish a list of "trusted" solutions that meet high European privacy standards, so that platforms can choose among them and member states have a clear point of reference.
In this new regulatory ecosystem, social networks operating in Europe will need to have, by the end of the year, robust and auditable age verification methodsAnd although they will not be required to use a specific technology, they will be subject to the obligation to prove that their mechanisms actually work to prevent access by minors when so established by their own conditions or national laws.
The clash between Brussels and Meta illustrates how the EU is moving from recommendation to firm demand: Protecting children on social media is no longer a voluntary commitment to become a legal obligation subject to heavy penalties, with a special focus on giants like Facebook and Instagram that concentrate a large part of the continent's young users.
