Ofcom said it is examining whether the technology giant failed to carry out adequate risk assessments before launching Instagram Instants, a feature that allows users to send images that disappear after they have been viewed.
The investigation focuses on the company’s obligations under the UK’s Online Safety Act (OSA), which requires social media platforms to assess potential risks before making significant changes to the design or operation of their services.
The regulator is particularly concerned with whether Meta properly assessed the possibility that Instants could be used to display illegal material or expose children to harmful content.
Meta, whose parent company is valued at about $1.9tn (£1.4tn), could face regulatory action if Ofcom concludes that it failed to comply with its legal responsibilities.
Ofcom warns platforms to put safety first
George Lusty, Ofcom’s director of enforcement, said companies must consider potential risks before introducing new features rather than attempting to address safety problems after a product has been launched.
“You wouldn’t launch a new car without testing it properly, and it’s the same for online services,” he said.
“Safety by design must be built in, not bolted on, and today’s investigation shows we’ll take action where we have concerns that providers are failing to comply.”
Under the Online Safety Act, companies that breach their obligations can face a range of enforcement measures, including formal warnings and fines of up to 10% of their global revenue.
The legislation represents a major expansion of the UK's regulatory oversight of social media and other online platforms, placing greater responsibility on technology companies to identify and mitigate risks to users.
Meta says it assessed Instants before launch
Meta said it had already conducted a risk analysis of Instants and had discussed the feature with Ofcom on several occasions before its introduction.
The company also pointed to protections built into the feature, including a restriction preventing users from forwarding images sent through Instants.
Meta said Instants also incorporates safeguards associated with its teen account settings. Those settings are the default mode for users under 18 on Instagram, Facebook and Messenger.
“We will of course cooperate with Ofcom during this investigation,” a Meta spokesperson said.
The investigation will now determine whether those measures were sufficient to satisfy Meta’s obligations under the Online Safety Act.
Concerns over children and harmful content
The Ofcom investigation comes amid continuing scrutiny of the effect of social media platforms on children and teenagers.
The Molly Rose Foundation, a charity established by the family of Molly Russell, a teenager who took her own life after viewing harmful material on Instagram, welcomed the investigation.
The charity said it was crucial that Meta was “held to account for their failures under the Online Safety Act”.
The case adds to longstanding concerns about how quickly social media companies introduce new products and features, particularly when those changes create new ways for users to share images and other potentially harmful material.
Disappearing messages can present particular challenges for parents, regulators and safety organisations because content may be available for only a short period and can be more difficult to monitor.
Meta already locked in disputes with Ofcom
The investigation into Instagram is not the only regulatory dispute between Meta and Ofcom.
The regulator is already examining whether Meta breached the Online Safety Act by failing to comply with an information request relating to its WhatsApp messaging service.
At the same time, Meta is challenging Ofcom in court over aspects of the UK's online safety regime.
The company is suing the regulator in the High Court over the way Ofcom charges technology companies fees to fund its regulatory operations. In a separate legal challenge, Meta is contesting Ofcom’s decision to place it in a new category under the Online Safety Act, a classification that subjects the company to additional obligations.
Meta has also joined TikTok and Elon Musk’s X in a legal challenge concerning the amount of information Ofcom is requiring technology companies to provide under the new regulatory framework.
Wider test of UK’s online safety rules
The latest investigation therefore places another major technology company under scrutiny as the UK continues to establish how its new online safety rules will work in practice.
For Ofcom, the case is also a test of whether platforms are properly considering safety risks before launching new products rather than waiting for problems to emerge.
For Meta, the investigation could add to an increasingly complicated legal and regulatory relationship with the UK regulator.
The company has maintained that it carried out an assessment of Instants and introduced safeguards designed to protect users, including teenagers.
Ofcom’s investigation will determine whether those steps met the requirements of the Online Safety Act — and whether Meta complied with its legal duty to put safety considerations at the heart of the product before it was launched.