EU Accuses Meta of Breaching Law on Under-13 Access to Platforms

The European Commission announced preliminary findings on Wednesday that Meta has breached the EU's Digital Services Act by failing to prevent children under 13 from using Facebook and Instagram. Regulators stated that Meta does not have effective controls to verify users' self-declared ages, allowing underage access to potentially inappropriate content.

The investigation, ongoing for nearly two years, found that children can use fake birthdates to create accounts without proper checks.

The commission opened the probe into Meta in May 2024 under the Digital Services Act, which requires platforms to mitigate risks to young users. Officials noted that Meta's reporting tool for underage users is difficult to use and ineffective, with inadequate follow-up actions.

The findings indicate that Meta failed to enforce its own terms and conditions setting 13 as the minimum age for safe access. Other aspects of the investigation continue, including examinations of the platforms' potential addictive effects on young people, such as algorithm-driven 'rabbit hole' content.

“Our preliminary findings show that Instagram and Facebook are doing very little to prevent children below this age from accessing their services.”

A Meta spokesperson stated that the company disagrees with the preliminary findings. The spokesperson emphasized that Instagram and Facebook are intended for users aged 13 and older, with measures in place to detect and remove underage accounts. Meta reported investing in technologies to address underage access and plans to announce additional measures soon.

The spokesperson described age verification as an industry-wide challenge requiring broader solutions, while affirming continued engagement with the commission. Meta reported revenue of $201 billion for 2025. The announcement comes amid broader European concerns about child safety on social media.

Governments in Spain, France, and the UK are considering or have proposed restrictions on platform access for those under 15 or 16.

The commission's action reflects rising scrutiny of tech platforms' impact on minors. Officials highlighted the need for platforms to enforce rules concretely to protect children from online risks. Meta previously stated in 2024, when the investigation began, that it had developed over 50 tools and policies to ensure safe, age-appropriate experiences for young users.

The company will now have an opportunity to contest the findings before a final decision.