Britain's communications regulator Ofcom has begun a formal investigation into Meta over Instagram's Instants feature. The regulator wants to know whether Meta carried out a 'suitable and sufficient' risk assessment before launching Instants in May. The feature lets users share content that disappears once it has been viewed. Ofcom is looking at two areas: the risk of illegal content being shared through it, and its potential impact on children.
Ofcom's position
George Lusty, Ofcom's director of enforcement, told Reuters that the Online Safety Act requires platforms to assess the risks of significant changes before launch. Safety should be built into a platform's design from the outset, he said, not added afterwards. The investigation shows Ofcom will act where it suspects providers are not complying, he added.
Meta's response
Meta reportedly says Instants has built-in safeguards. It blocks screenshots, reshares and forwarding, and has no public feed. A company spokesperson said Meta takes its Online Safety Act duties seriously and carried out a risk analysis. It also briefed Ofcom on the feature several times before launch, the spokesperson said, and will cooperate with the investigation.
What is at stake
The Online Safety Act requires social media platforms, search engines and adult content services to assess risks and put measures in place against harmful or illegal material, including age verification. Companies that breach the rules can be fined up to £18 million or 10 percent of qualifying worldwide revenue, whichever is higher.
The probe adds to existing friction between the two. Meta has already taken Ofcom to court over parts of its approach, including the rules on information requests and the fees the regulator charges. In May, Meta launched a legal challenge against Ofcom over how online safety fees and potential penalties are calculated. Meta has also reportedly appealed Ofcom's decision to place WhatsApp and Instagram in Category 1 of the Act, the tier that carries the heaviest transparency, fraudulent-ad and user-control duties.
