EU Commission Releases Preliminary Findings on Meta's Alleged DSA Violations Regarding Child Access to Facebook and Instagram

The European Commission issued preliminary findings on April 29, 2026, stating that Meta breached the EU's Digital Services Act by failing to prevent children under 13 from accessing Facebook and Instagram. The commission found that minors can input a false birth date when creating an account on Instagram and Facebook, with no controls to verify it.

The tool for reporting a minor's account requires up to seven clicks to access the form.

When a minor's account is reported, there are often no adequate follow-ups or measures to remove them from the platform. The European Commission requires Meta to change its risk assessment methodology to evaluate risks arising on Instagram and Facebook in the European Union.

The commission found that Meta inadequately assesses the risk of children under 13 being exposed to age-inappropriate experiences on Instagram and Facebook.

It also found that Meta disregarded readily available scientific evidence indicating that younger children are particularly vulnerable to harms from services like Facebook and Instagram. The European Commission found that roughly 10-12% of children under 13 are using Instagram and Facebook.

The reporting tool for underage use on Facebook and Instagram is difficult to use and not effective. The EU's age-verification app is technically ready for rollout. The European Commission urged member states to have an EU age verification app in operation by the end of the year.

A Meta spokesperson stated to CNBC: 'We disagree with these preliminary findings.' Meta's minimum age requirement for accounts on Instagram and Facebook is 13.

Meta plans to share additional measures rolling out soon next week after April 29, 2026. Meta can review the European Commission's preliminary investigation findings and respond in writing. If the European Commission's preliminary findings are confirmed, it can fine Meta up to 6% of its total worldwide annual turnover.

Meta reported revenue of $201 billion for 2025. The European Commission's investigation into Meta is nearly two years long as of April 29, 2026. The European Commission launched an investigation into Meta in May 2024 under the Digital Services Act.

The EU opened a wide-ranging investigation into Meta in May 2024 under the DSA, with other strands continuing into protection of physical and mental health of young users. In February 2026, the EU warned TikTok to change its addictive design or risk heavy fines.

Court rulings in March 2026 found that aspects of Meta's platform design contributed to addiction and mental health harms among teenagers. A U.S. court ruling in March 2026 concluded that Meta misled users about children's safety on its platforms.