Ofcom Opens First Meta Probe Over Instagram Instants Safety

Ofcom, the UK communications regulator, announced on 6 October that it has launched a formal investigation into Meta to determine whether the company adequately evaluated the risks associated with Instagram Instants - a feature introduced in May allowing users to send images that vanish once viewed - prior to its public release.¹²⁵

The feature under scrutiny

Instagram Instants allows users to take and share images with close contacts that vanish once they have been viewed. According to Meta, the feature includes built-in protections such as blocking screenshots, reshares and forwarding, the absence of a public feed, and safeguards mirroring Instagram's default Teen Account settings.²⁶³

What Ofcom is examining

Ofcom said its investigation will establish whether Meta carried out a suitable and sufficient risk assessment of illegal content risks and risks to children before launching Instants, as required under the Online Safety Act. The regulator said platforms must carry out and update such assessments to comply with their safety duties, and must do so before making significant changes to how a service operates.¹²⁵⁴

George Lusty, Ofcom's director of enforcement, compared the situation to releasing an untested vehicle, arguing that online services require the same level of scrutiny before launch. He stressed that safety considerations need to be incorporated from the outset rather than added afterward, and noted that the investigation demonstrates Ofcom's willingness to act when providers appear to fall short of compliance.⁶²

Ofcom explained that the inquiry proceeds in two phases, starting with collecting evidence and then moving to a preliminary ruling should a violation be identified. Opening an investigation does not mean Ofcom has already determined that Meta violated the law, and under the Online Safety Act possible penalties span anywhere from a formal warning to fines reaching as much as 10% of a company's global revenue.⁸⁴⁶³

Meta's position

Meta stated that it had performed a risk analysis and had updated Ofcom on the feature multiple times prior to its release. A Meta spokesperson said: "We conducted a risk analysis and briefed Ofcom about this feature on a number of occasions before launching it," adding, "We will of course co-operate with Ofcom during this investigation."²⁷

A separate legal dispute

The investigation comes amid a separate legal battle in the English High Court, where Meta, TikTok and X are challenging Ofcom over information notices issued in February demanding detailed data on content moderation across several services. Meta contends that Ofcom's request for extensive, highly detailed data spanning seven of its services lacked a clearly articulated regulatory rationale, and X has characterized the demands as the heaviest request it has faced from any regulatory body.⁴

Ofcom said this court case has not affected the timing of the Instagram Instants investigation. A spokesperson said: "the court case has not impacted the timing of the investigation," and added: "Providers are not able to protect people, especially children, without first understanding how harm could take place on their platforms," and "Risk assessments are fundamental to keeping users safer online and are a duty on services under the Online Safety Act."⁴

Child safety campaigners respond

The Molly Rose Foundation, a charity set up in memory of Molly Russell, a 14-year-old who died by suicide in 2017 after viewing harmful material on Instagram, welcomed the investigation. According to the charity, it is concerned that harmful or illegal content could be shared through Instants and then disappear. Rowan Ferguson, the foundation's senior policy and research manager, said: "Meta has repeatedly failed to prioritise children's safety and it is crucial that they are held to account," and added: "This positive move by Ofcom must be matched with a swift and robust investigation of Meta."⁵

Wider context

Meta faces other legal matters separately from the Ofcom probe. Separately in the US, a jury in New Mexico determined that Meta had deceived Facebook users regarding data privacy, and the state is now seeking a court order requiring Meta to pay damages. According to Benzinga, a settlement worth nearly $18bn involved teen safety claims against Meta, and Meta's stock dipped on the Tuesday the investigation was reported, having risen 12.17% year-to-date.³