EU finds Meta in Breach for Failing to Keep Under-13s off Facebook and Instagram

The European Commission has issued preliminary findings that Meta failed to stop children under 13 from using Facebook and Instagram, marking a breach of the EU’s Digital Services Act. The probe, which took nearly two years, concluded that Meta did not implement effective measures to identify and mitigate the risks posed by underage users as required by the law. Meta argues that Facebook and Instagram are intended for users aged 13 and older and says it has systems in place to detect and remove accounts for minors, while continuing to invest in technologies to improve age verification. The company also noted that determining a user’s true age remains an industry-wide challenge and pledged to roll out additional measures soon. The preliminary findings do not prejudge the final outcome of the investigation and Meta will be allowed to review the file and present a defence.

If the findings are upheld, Meta could face a fine of up to 6% of its global annual turnover. Meta reported revenue of $201 billion for 2025, underscoring the potential financial impact of a regulatory decision. The case arrives amid broader European debates about children’s online safety, with several member states considering stricter rules or outright bans for younger users as concerns about the “digital wild west” grow. Regulators have signaled a tougher stance on how platforms verify ages and manage underage access, signaling a potential shift in how social networks balance user experience with safety concerns.

Looking ahead, Meta will have the chance to examine the investigation file and submit its defence, after which the Commission will decide whether to close the case or pursue remedies. Industry observers say the outcome could set a precedent for age-verification practices across major platforms and influence ongoing policy debates about children’s access to social media across Europe.

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