Ofcom investigates Meta over Instagram Instants safety assessments

UK regulator Ofcom has launched an investigation into Meta to determine if the company failed to conduct mandatory risk assessments before launching its Instagram Instants feature.

According to reports from BBC News and The Guardian, the investigation centers on whether Meta breached the Online Safety Act (OSA) by failing to perform adequate checks on whether the feature could show illegal content or be accessed by children. Instagram Instants, which launched in May, allows users to share spontaneous images with close friends that disappear after being viewed once.

George Lusty, Ofcom’s director of enforcement, stated that significant changes to platforms must be risk-assessed before they are launched to protect users. He compared the requirement to the automotive industry, noting that a company would not launch a new car without proper testing. Under the OSA, companies found in breach could face formal warnings or fines of up to 10% of their global revenue.

A Meta spokesperson said the company takes its regulatory obligations seriously and had briefed Ofcom on several occasions before the launch. Meta claims it conducted a risk analysis and that the feature includes protections such as blocking forwarding. BBC News reported that Meta also claims the feature prevents screenshots, while The Guardian noted Meta's assertion that the tool includes safeguards under its default teen account settings.

The Molly Rose Foundation, a charity established following the death of teenager Molly Russell, told The Guardian that it was crucial for Meta to be held to account for failures under the act. This probe follows existing tensions, as Meta is currently challenging Ofcom in court over regulatory fees and its classification under the new safety laws.

Background

The Online Safety Act requires platforms to prevent children from encountering harmful material, including content related to self-harm, suicide, or pornography. Ofcom is also investigating whether Meta breached the law by failing to comply with an information request related to WhatsApp.