Ofcom investigate whether Meta broke online safety laws

The UK’s online regulator, Ofcom, is investigating whether social media company Meta fulfilled its duty to protect children from illegal content.

Ofcom have said they are investigating whether Meta has failed to adequately assess the risks posed by its Instagram Instants services as required by the Online Safety Act. “Providers are not able to protect people, especially children,” say Ofcom, “without first understanding how harm could take place on their platforms, and how their features and functionalities could increase those risks of harm.”

The Online Safety Act requires companies like Meta to carry out a ‘suitable and sufficient’ illegal content risk assessment, including a children’s risk assessment if the service is likely to be accessed by under-18s. A further risk assessment must be carried out if a significant change is made to the service, as was the case with Instagram Instants. Instants were launched by Meta in May as a feature in Instagram, where photos and video can be shared and would disappear after it was viewed.

If Ofcom determine that Meta have failed to fulfil their duty, they will issue a provisional decision which Meta will have an opportunity to respond to. If the company has broken the law, Ofcom can require them to take certain steps to be compliant, and can impose fines of up to £18 million, or 10% of worldwide revenue, whichever is greater.

Director of Enforcement at Ofcom, George Lusty, said: “Our online safety laws are clear – significant changes to platforms must be risk assessed before they’re launched. This is a vital step that tech firms must take to protect their users. You wouldn’t launch a new car without testing it properly, and it’s the same for online services. 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.”