Meta found in breach of EU law for failing to keep children off Facebook and Instagram

European Commission Formal Charges Meta for Violating EU Law on Child Safety

The European Commission has issued preliminary findings that Meta has violated the Digital Services Act (DSA) by failing to prevent underage children from accessing its platforms, Facebook and Instagram. This charge, previously levelled only at adult content sites, marks a significant development.

Background

In March 2026, the Commission issued similar preliminary findings against pornographic platforms for allowing minors to access their services with a simple age confirmation. Now, this finding applies the same legal framework to Meta, which not only allows children to use its platforms but requires them to be at least 13 years old.

Despite requiring users to confirm they are over 13, Meta’s age verification process relies primarily on self-declaration, which research has shown to be ineffective. This finding is part of broader proceedings against Meta regarding child protection obligations under DSA Articles 28, 34, and 35, opened in May 2024.

Commission's Stance

The timing of this finding aligns with the launch of an EU-developed age verification app two weeks earlier, designed to protect privacy while confirming users' ages. European Commission President Ursula von der Leyen stated:

"Online platforms can easily rely on our age verification app so there are no more excuses. We will have zero tolerance for companies that do not respect our children’s rights."

By issuing this finding shortly after the app's launch, the Commission emphasizes that Meta cannot use privacy concerns as an excuse for non-compliance.

Next Steps

The preliminary finding is a significant step in holding tech platforms accountable for child safety online. It underscores the EU's commitment to protecting minors and challenges Meta to implement effective age verification measures or face further consequences.