Ofcom investigates Meta over Instagram Instants feature

Ofcom is investigating whether Meta breached its duties under the UK's online safety laws with the launch of its "Instants" feature on Instagram.

The tool - allowing users to take and share an instant image with close friends, that disappears once viewed - was launched on Meta's photo-sharing app in May as "a new way to share photos in the moment".

But the regulator said the social media giant had not properly assessed risks posed by the feature prior to launching it - something it is required to do under the UK's Online Safety Act (OSA).

A Meta spokesperson said in a statement that it "takes its regulatory obligations under the Online Safety Act seriously".

"We conducted a risk analysis and briefed Ofcom about this feature on a number of occasions before launching it," they said.

"We will of course co-operate with Ofcom during this investigation."

Ofcom said its probe would examine whether Meta breached OSA duties by not carrying out "a suitable and sufficient illegal content risk assessment and children's risk assessment before the launch of Instants".

Under the UK's sweeping online safety rules, platforms including Meta must carry out and update risk assessments to comply with a range of duties, including to tackle illegal content.

They must also show how they prevent children permitted to use their services from encountering content deemed harmful for them.

This spans material relating to pornography, or promoting self-harm or suicide - as "priority primary content" - alongside things like abusive, hateful or bullying content.

"Our online safety laws are clear – significant changes to platforms must be risk assessed before they're launched," said Ofcom enforcement director George Lusty.

"This is a vital step that tech firms must take to protect their users," he added.

"You wouldn't launch a new car without testing it properly, and it's the same for online services."

Instants rolled out to the app's users in May as a way for people to share spontaneous images - something that was once what the app was all about.

Images shared with Instants can be viewed by those who have been selected as "close friends" by a user, or those who they follow and are followed back by.

Meta says the feature has a range of built-in protections, including for younger users with Teen Accounts, including preventing screenshots, reshares or forwarding of Instants.

But disappearing messages and images have been singled out previously as posing particular risks for child or teen users of some apps.

"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," Lusty added.

Ofcom's decision to launch an investigation into the platform comes as Meta, TikTok and X also seek to challenge the regulator's enforcement of the OSA through judicial review.

All three companies have appeared in court this week, arguing they should not need to provide so much information in response to Ofcom's formal requests.

Meta has separately also argued Ofcom should not be able to levy fines for breaches based on its global annual revenue.

It also contends that its messaging and image-sharing apps should not have to face additional requirements under the OSA, such as tackling paid-for fraud ads.

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