EU alleges Meta failed to prevent underage access to Facebook and Instagram
The European Commission's preliminary investigation found that Facebook and Instagram failed to enforce their minimum age requirement of 13 years, with an estimated 10-12% of underage users gaining access. The Commission determined that the platforms' age verification systems were unreliable and that this exposed children to inappropriate content and platform-related harms in violation of the Digital Services Act.
What happened
The European Commission concluded in preliminary findings from a two-year investigation that Facebook and Instagram failed to enforce their stated minimum age requirement of 13 years. The platforms only requested a birth date at registration without solid verification, and reporting mechanisms for underage users produced no concrete results.
According to Commission estimates, between 10% and 12% of children under 13 years old accessed Meta's services despite the age restriction. Meta disputed these estimates, stating they were based on limited, outdated data from surveys in some member states with inconsistent methodologies.
Reported impact
Young users who gain access to the platforms are exposed to risks related to inappropriate or harmful content and potential harms associated with platform use. The Commission found that Facebook and Instagram's age controls failed to protect younger users despite their increased vulnerability.
Index analysis
The Commission noted that requiring only a birth date entry during account creation allows minors to input false information, and that the platforms' age verification systems were unreliable.
Governance controls
The Commission stated that Meta's practices violated obligations under the Digital Services Act, which requires major platforms to assess and mitigate risks to minors. Meta announced it would share information about new age-detection tools being implemented and said it continues investing in technologies to identify and remove underage users.
Classification
Sources and evidence
This record was researched and written by the Index, based on the following original reporting.