The United Kingdom’s communications regulator, Ofcom, has opened an investigation into Meta over its Instagram “Instants” feature, amid concerns that the company may have breached the country’s online safety laws.
Instants, launched on Instagram in May, allows users to take and share images with selected friends, with the pictures disappearing after they have been viewed.
Ofcom said Meta may have failed to conduct adequate risk assessments before introducing the feature, as required under the UK’s Online Safety Act.
The regulator said the investigation would determine whether Meta breached its obligations by failing to carry out “a suitable and sufficient illegal content risk assessment and children’s risk assessment before the launch of Instants”.
Under the Online Safety Act, platforms such as Meta are required to assess and manage risks associated with illegal content and content that could harm children.
The rules cover material including pornography and content promoting self-harm or suicide, as well as abusive, hateful and bullying content.
Ofcom enforcement director, George Lusty, said, “Our online safety 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.”
Meta, however, said it had considered the risks associated with the feature before its launch.
A Meta spokesperson said, “We conducted a risk analysis and briefed Ofcom about this feature on a number of occasions before launching it.”
“We will of course co-operate with Ofcom during this investigation,” the spokesperson added.
Meta says Instants includes safeguards for younger users, particularly those using Teen Accounts, including measures designed to prevent screenshots, resharing and forwarding.
Ofcom said disappearing images and messages have previously been identified as presenting particular risks to children and teenagers on some platforms.
Lusty said, “Safety by design must be built in, not bolted on, and today’s investigation shows we’ll take action where we have concerns that providers are failing to comply.”
The investigation comes as Meta, TikTok and X separately challenge Ofcom’s enforcement of the Online Safety Act through judicial review.
The companies have been contesting the amount of information the regulator can demand from them.
Meta has also challenged Ofcom’s ability to impose fines based on its global annual revenue and argued that its messaging and image-sharing services should not face some additional obligations under the law.
