Disappearing photos launched in May. The regulator asks whether Meta assessed the risks first, and Meta says it did.
Ofcom opened a formal investigation into Instagram Instants. The regulator suspects Meta failed to assess illegal-content and child-safety risks before launching the feature in May. It is Ofcom’s first formal Online Safety Act investigation into Meta. Meta says it assessed the risks and briefed Ofcom on several occasions before launch.
Instants lets users send photos and videos that vanish after one view. Ofcom hasn’t found a breach, and users keep access to the feature while the regulator gathers evidence.
What’s Happening & Why It Matters
What Instants Does
Instants lets users send photos and videos that disappear after one view. Meta built in blocks on screenshots, reshares, and forwards, with extra protections tied to teen accounts. The Guardian called it a Snapchat-style feature.
Sent Instants aren’t gone for the sender. They stay in an archive for up to a year, according to Telecoms.com. Senders can reshare them later as a recap on an Instagram Story, which disappears after 24 hours. A companion app gives faster access to the camera.
What Ofcom Alleges
Ofcom is examining whether Meta carried out a “suitable and sufficient” risk assessment before launch. The assessment must cover illegal content and risks to children. Telecoms.com reports Ofcom isn’t sure Meta completed one.
George Lusty, Ofcom’s director of enforcement, said “significant changes to platforms must be risk assessed before they’re launched.” He said safety has to be designed in from the start. Ofcom says ephemeral content poses a distinct moderation challenge, according to Neowin.
Meta’s Defence
Meta rejects the premise. A spokesperson told Reuters the company conducted a risk analysis and briefed Ofcom on several occasions before launch. Meta says it takes its Online Safety Act obligations and will cooperate.
The dispute turns on paperwork. Ofcom needs to see what Meta assessed, when it assessed it, and whether the assessment met the legal standard. Meta points to the screenshot, reshare, and forwarding blocks as safeguards.
A Fight Already Under Way
Meta isn’t a passive subject. In May, it launched a High Court challenge to the fees and fines under the Online Safety Act. This week, Reuters reported Meta, TikTok, and X issued a legal challenge to the volume of data Ofcom demands from them. So the Instants probe arrives inside a wider argument over how much information platforms owe a regulator.
The argument has a US counterpart. Meta agreed to a $17.1 billion (€15 billion) settlement in a states’ child safety trial, as TF covered in Meta Settles States’ Child Safety Trial for $17Bn. Courts and regulators on both sides of the Atlantic treat product design as the thing to defend.
The Penalty Ceiling
If Ofcom finds a compliance failure, it issues a provisional decision. Meta can respond before a final decision. The Act allows fines up to £18 million (about $24 million, or €21 million) or 10% of qualifying worldwide revenue, whichever is greater. Users keep access to Instants while Ofcom gathers evidence.
TF Summary: What’s Next
Ofcom is gathering evidence, and coverage reports no date for a provisional decision. Instants stays live in the meantime. Meta’s High Court challenge to the Act’s fees and fines continues. The investigation doesn’t establish a violation.
MY FORECAST: Expect the probe to turn on dated documents. Meta will produce its risk assessment and briefing records, and Ofcom will test both. Expect Ofcom to publish clearer guidance on pre-launch risk assessments within months. Watch other platforms’ disappearing-media features, because the same pre-launch duty applies to them.
Related Stories
- Meta Settles States’ Child Safety Trial for $17Bn
- EU Plans Social Media Restrictions for Teens
- UK Will Force Apple and Google to Block Nude Images on Kids’ Devices