Ofcom investigates Meta over Instagram Instants feature
The regulator said Instagram had not fully assessed risks posed by its Instants feature prior to launching it.
Ofcom is examining whether Meta failed to meet its obligations under the UK’s online safety laws when it introduced Instagram’s “Instants” feature.
The tool, which lets users capture and send a fleeting image to close friends that vanishes after being viewed, was added to Meta’s photo-sharing app in May as “a new way to share photos in the moment.”
However, the regulator said the social media company had not properly evaluated the risks linked to the feature before launch, as required under the UK’s Online Safety Act (OSA).
A Meta spokesperson said in a statement that the company “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 investigation would look at whether Meta breached OSA duties by failing to carry out “a suitable and sufficient illegal content risk assessment and children’s risk assessment before the launch of Instants”.
Under the UK’s broad online safety regime, platforms including Meta must complete and refresh risk assessments to meet a range of duties, including dealing with illegal content.
They must also demonstrate how they stop children allowed to use their services from encountering material considered harmful to them.
This includes content relating to pornography, or encouraging self-harm or suicide, as “priority primary content”, as well as abusive, hateful or bullying material.
“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 was rolled out to app users in May, external, as a way for people to share spontaneous images — something that was once what the app was all about.
Photos shared through Instants can be seen by users chosen as “close friends”, or by people they follow and who follow them back.
Meta says the feature includes several built-in safeguards, including for younger users with Teen Accounts, such as blocking screenshots, reshares or forwarding of Instants.
But disappearing messages and images have previously been identified 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.
The feature is similar to tools offered by platforms such as Snapchat and WhatsApp, which let people send photos that disappear once viewed.
Ofcom’s move to investigate the platform comes as Meta, TikTok and X also seek to challenge the regulator’s enforcement of the OSA through judicial review, external.
All three companies have been in court this week, arguing they should not have to supply so much information in response to Ofcom’s formal requests.
Meta has separately argued that Ofcom should not be allowed to impose fines for breaches based on its global annual revenue.
It also says its messaging and image-sharing apps should not have to face extra requirements under the OSA, such as tackling paid-for fraud ads.