Britain’s communications regulator Ofcom has opened its first formal investigation into Meta under the country’s Online Safety Act, examining whether the company adequately assessed potential risks linked to Instagram’s Instants feature before its launch in May. The feature allows users to share content that automatically disappears after it has been viewed. Ofcom said the investigation will focus on whether Meta carried out an appropriate assessment of the risks of illegal content and potential risks to children.
George Lusty, Ofcom’s director of enforcement, said significant changes to online platforms must undergo risk assessments before they are introduced. He said safety measures should be incorporated into products from the design stage rather than added later. Ofcom said the investigation would determine whether Meta met its obligations under the Online Safety Act when preparing to launch Instants.
Meta said it takes its responsibilities under the legislation seriously and had conducted a risk analysis before introducing the feature. The company said it had also briefed Ofcom about Instants on several occasions ahead of the launch. According to Meta, the feature includes protections such as blocking screenshots, reshares and forwarding, while also operating without a public feed and automatically applying protections associated with Teen Accounts.
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The investigation adds to Ofcom’s wider enforcement activity under Britain’s online safety framework. The regulator previously investigated an online suicide discussion forum in its first probe under the act, followed by investigations involving pornography websites, file-sharing services linked to child sexual abuse material and platforms including 4chan. The legislation places obligations on social media platforms, search engines and adult-content services to address illegal material and protect children from online risks.
Under the Online Safety Act, companies are required to assess risks associated with their services and introduce appropriate safeguards, including measures such as age verification where applicable. Ofcom can impose penalties of up to £18 million or 10% of a company’s qualifying worldwide revenue, whichever is higher, if providers fail to comply with their legal obligations.
Meta has also challenged aspects of Ofcom’s implementation of the legislation through legal proceedings, including requirements concerning the information companies must provide to the regulator and fees charged by Ofcom. Separately, Ofcom opened an investigation in January into Meta’s provision of information concerning WhatsApp Business under the Communications Act. The latest probe marks a further regulatory examination of Meta’s compliance with Britain’s evolving online safety requirements.
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