Ofcom investigates Meta over Instagram ‘Instants’ feature for risk assessment failures

Ofcom, the UK’s communications regulator, has launched a formal investigation into Meta over its ‘Instants’ feature on Instagram. The probe focuses on whether Meta failed to conduct adequate risk assessments for illegal content and child safety before launching the feature, as required by the UK’s Online Safety Act.

Ofcom launches investigation into Meta’s ‘Instants’ feature

UK communications regulator Ofcom has opened a formal investigation into Meta over its ‘Instants’ feature on Instagram. The feature, launched in May, allows users to share disappearing photos with close friends. Ofcom alleges that Meta did not conduct adequate risk assessments before its launch, as required by the UK’s Online Safety Act.

According to BBC News, the investigation will determine whether Meta failed to carry out a "suitable and sufficient illegal content risk assessment and children's risk assessment" prior to the feature’s release. The Online Safety Act mandates that platforms assess and mitigate risks related to illegal content and child safety.

Regulatory concerns over child safety and illegal content

The ‘Instants’ feature has raised concerns about its potential to expose users—particularly children—to harmful or illegal content. Under the Online Safety Act, platforms must demonstrate how they protect children from encountering material related to pornography, self-harm, abuse, hate speech, or bullying.

Ofcom’s enforcement director, George Lusty, compared the duty of conducting risk assessments to testing a new car before it goes on sale. The regulator has warned that skipping these assessments could lead to enforcement action, including fines.

The investigation follows broader scrutiny of how platforms handle ephemeral content, which can be harder to monitor for harmful material due to its temporary nature.

Meta’s response and potential consequences

Meta has pushed back against Ofcom’s allegations, stating that it takes its duties under the Online Safety Act seriously. The company claims it conducted a risk review and briefed Ofcom about the ‘Instants’ feature several times before its launch. Meta also highlighted that the feature includes safeguards, such as blocking screenshots, resharing, and forwarding, and enables Teen Account protections by default.

However, if Ofcom finds that Meta breached its duties, the company could face fines of up to £18m or 10% of its global revenue, whichever is greater. This investigation is part of a broader pattern of regulatory scrutiny of Meta’s compliance with online safety laws.

In a separate development, Meta is challenging parts of the Online Safety Act in court, including Ofcom’s information demands and fees. This legal action underscores the ongoing tension between the company and regulators over compliance requirements.

What this means

Lazyfounder analysis — our interpretation, not reported fact.

This investigation is a clear signal to tech companies that regulators are serious about enforcing the UK’s Online Safety Act, particularly when it comes to features that could expose users to harm. For founders and operators, it underscores the importance of conducting thorough risk assessments before launching new products or features—especially those involving ephemeral or private content.

Meta’s response, which includes highlighting its safeguards and prior briefings to Ofcom, suggests the company is confident in its compliance efforts. However, the outcome of this investigation could set a precedent for how strictly regulators interpret the law, potentially influencing how other platforms approach risk assessments in the future.

The broader takeaway is that compliance is not just a box-ticking exercise. Regulators expect companies to proactively identify and mitigate risks, and failure to do so could result in significant financial and reputational consequences.

Key takeaways

• Ofcom’s investigation into Meta underscores the importance of compliance with the UK’s Online Safety Act, particularly for features that could expose users to risks.
• Regulators are increasingly scrutinizing how platforms assess and mitigate risks before launching new features, especially those involving ephemeral content.
• Failure to comply with online safety regulations can result in significant financial penalties, reinforcing the need for thorough risk assessments.
• Meta’s challenge to parts of the Online Safety Act signals ongoing tension between tech giants and regulators over compliance requirements.

FAQ

What is the ‘Instants’ feature on Instagram?

Instants is a feature on Instagram that allows users to share photos with close friends, which disappear after being viewed. It is designed for private, ephemeral sharing and does not include public feeds or resharing options.

Why is Ofcom investigating Meta?

Ofcom is investigating whether Meta failed to conduct adequate risk assessments for illegal content and child safety before launching the ‘Instants’ feature, as required by the UK’s Online Safety Act.

What could happen if Meta is found in breach of the Online Safety Act?

If Meta is found in breach, Ofcom could impose fines of up to £18m or 10% of Meta’s global revenue, whichever is greater.

Has Meta responded to the investigation?

Meta has stated that it takes its duties under the Online Safety Act seriously, conducted a risk review, and briefed Ofcom about the ‘Instants’ feature before its launch.

What are the broader implications of this investigation?

This investigation highlights the increasing regulatory scrutiny on how social media platforms assess and mitigate risks associated with new features, particularly those that could impact child safety and illegal content.

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