Meta Faces First Ofcom Probe Under Online Safety Act Over Instagram Instants

Ofcom has initiated a formal investigation into Meta's safety assessments for Instagram Instants, a feature that allows users to send disappearing photos and videos through Direct. The Online Safety Act 2023 requires platforms to complete necessary assessments before launching significant features. Ofcom is probing whether Meta completed the required illegal-content and children's risk assessments before launching Instants in May.

The feature, available to selected friends, followers, and mutual followers, has built-in protections against screenshots, reshares, and forwardings. Meta disputes the claim that it failed to complete the necessary safety work, stating it conducted a risk analysis and briefed Ofcom before launch. However, Ofcom maintains that safety assessments should occur before a product change goes live, not as a post-hoc process.

If Ofcom finds Meta in breach, it could order compliance, address any harm caused, or impose a fine of up to £18 million. Meta is challenging aspects of Ofcom's enforcement approach in court.