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Disappear After Reading Feature Causes Trouble: UK's Ofcom Launches First Formal Investigation Against Meta Under the...
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On October 7, the UK Office of Communications (Ofcom) launched its first formal investigation into Meta under the Online Safety Act, to examine whether Meta carried out adequate risk assessments before rolling out Instagram's "Instants" ephemeral content feature in May. This investigation marks a further intensification by UK regulators of their enforcement efforts against social media platforms under the framework of the Online Safety Act.
The Instants feature allows content posted on Instagram to automatically disappear after being viewed, similar to an "ephemeral" or "vanish after viewing" design. Ofcom said the investigation aims to confirm whether Meta completed "appropriate and sufficient" risk assessments before launching the feature, covering the risks of illegal content appearing on the feature as well as the various risks it could pose to children.
George Lusty, Ofcom's Director of Enforcement, pointed out that UK online safety laws are very clear: if a platform makes major changes to its features, it must complete a risk assessment before those changes go live. He also emphasized that safety should be built in from the very beginning of product design rather than bolted on later as an afterthought, and stated that launching this investigation demonstrates that the regulator will take corresponding action if it is concerned that a service provider has failed to comply with the law.
In response, Meta said that it takes its regulatory obligations under the Online Safety Act very seriously. A company spokesperson said that a risk analysis had already been completed before the official launch, and that the company had briefed Ofcom on the feature on multiple occasions. The spokesperson also noted that Instants comes with multiple built-in protective mechanisms, including prohibiting screenshots, prohibiting resending and sharing, having no public feed, having protections for teen accounts enabled by default, and that Meta will cooperate with regulatory work throughout the course of this investigation.
This is not the first investigation Ofcom has launched under the Online Safety Act. Previously, the regulator carried out its first investigation into an online suicide discussion forum, and has since also investigated pornographic websites, file-sharing services used to distribute child sexual abuse material, as well as online platforms such as 4chan. This UK online safety regulatory regime places responsibilities on social media platforms, search engines, and adult content providers, requiring platforms to deal with illegal content while also protecting the safety of minors.
Under the regulations, Ofcom requires relevant companies to carry out risk assessments and implement security and safety control measures, such as age verification. If a company fails to comply, the regulator can impose fines of up to £18 million (approximately 160 million yuan) or 10% of the company's qualifying worldwide revenue, whichever amount is higher.
It is worth noting that Meta has previously mounted a legal challenge against Ofcom regarding the enforcement of this Act, with disputes centering on the scale and scope of information Meta is required to submit to the regulator, as well as the fee standards charged by Ofcom. As early as January of this year, Ofcom had also launched an investigation under a separate Communications Act into information reporting matters concerning Meta's WhatsApp Business product. As the investigation progresses, how Meta will respond to regulatory requirements, and how the outcome of this investigation will impact the industry, remain worthy of continued attention.
