The UK's Ofcom opens an OSA probe into Meta over Instagram Instants, launched in May; Meta says it "briefed Ofcom about this feature on a number of occasions"

Meta's new Instagram feature faces a regulatory challenge, potentially leading to fines and mandated changes.

Ofcom, the UK's communications regulator, has launched an investigation into Meta Platforms concerning its new Instagram feature, Instants. The probe centers on whether Meta adequately assessed the risks, particularly regarding illegal content and child safety, before launching the disappearing content feature in May. Ofcom's Director of Enforcement, George Lusty, emphasized the importance of safety-by-design and risk assessment prior to platform changes, comparing it to testing a new car before release. If Meta is found to have violated the Online Safety Act, it could face fines up to £18 million or 10% of its global revenue. Meta has stated it conducted a risk analysis, briefed Ofcom on Instants, and highlighted its built-in protections like screenshot blocking and teen account safety measures, vowing to cooperate with the investigation.

This investigation signals a proactive stance by Ofcom in enforcing the Online Safety Act, particularly regarding new feature rollouts. It highlights the regulator's focus on ensuring tech companies integrate safety considerations from the design phase rather than as an afterthought. The potential for significant fines underscores the seriousness with which Ofcom views compliance, setting a precedent for how such features will be scrutinized moving forward.

Meta's defense, citing prior briefings and built-in protections, suggests a possible clash over the interpretation of 'adequate assessment' and the sufficiency of existing safeguards. This case could influence how other platforms approach risk assessments for ephemeral content features and how regulators interpret 'safety by design' in practice. The outcome will be closely watched by the industry to understand the evolving compliance landscape under the Online Safety Act.