Ofcom opens first investigation into Meta under Online Safety Act

Áine Fox, Press Association Social Affairs Correspondent

A UK watchdog has launched its first investigation into Instagram owner Meta under the Online Safety Act regarding a disappearing content feature.

Online safety regulator Ofcom said it was looking into whether the tech giant had adequately assessed the risks of Instagram Instants before launching it in May.

The feature allows a user to take a photo and share it instantly with others, with the content disappearing after being viewed. It cannot be seen after 24 hours.

Ofcom said on Tuesday that it had launched a formal investigation to establish “whether Meta failed to comply with its duties under the Act by not carrying out a suitable and sufficient illegal content risk assessment and children’s risk assessment before the launch of Instants”.

Illegal content can include child sexual exploitation and abuse material, and harmful content for children under the Act includes pornography, suicide and self-harm.

George Lusty, director of enforcement at Ofcom, 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.”

Ofcom said this was the first investigation it had opened into Meta under the Online Safety Act.

Welcoming the news, the Molly Rose Foundation – set up in memory of 14-year-old Molly Russell, who killed herself in 2017 after viewing harmful content online – said it was concerned that harmful and illegal content could be shared through the Instants feature and then disappear, making it more difficult for it to be removed or moderated and enabling it to be “sent maliciously without fear of repercussions”.

Rowan Ferguson, senior policy and research manager at the foundation, said: “Meta has repeatedly failed to prioritise children’s safety and it is crucial that they are held to account for their failures under the Online Safety Act.

“Our research shows that, despite regulation, children – particularly girls – remain at unacceptable risk of encountering harmful suicide, self-harm, depression and eating disorder content on major social media platforms. It’s high time their safety came first.

“This positive move by Ofcom must be matched with a swift and robust investigation of Meta, and expanded to other products and features that put children and teens in harm’s way.”

Meta has been contacted for comment.

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