The investigation will determine whether or not Meta has breached regulations set out in the EU Digital Services Act.

Ireland’s independent regulator for broadcast and online media, Coimisiún na Meán, has opened investigations into Meta to assess issues related to how its recommender systems promote content on Facebook and Instagram and whether it is in breach of the EU Digital Services Act.  

The watchdog is investigating concerns that Meta is preventing users from actively selecting the content that appears in their Instagram and Facebook feeds. 

In a statement released by Coimisiún na Meán, the regulatory body said, “Following reviews by An Coimisiún’s Platform Supervision team and an assessment of complaints, concerns arose in relation to potential ‘dark patterns’, or manipulative and deceptive interface designs, which may prevent people from exercising their right to choose a recommender system feed which is not based on profiling.”

The watchdog’s investigations will determine if users can in fact select and modify their chosen recommended settings, as well as if this process is direct and accessible, as laid out in the criteria of the EU Digital Services Act. It will take note of the online interface process for Facebook and Meta and whether it manipulates users away from selecting a recommender system feed that is not based on profiling of their personal data.

Commenting on the investigation, John Evans the Digital Services Commissioner at Coimisiún na Meán said: “Just over two years into the application of the Digital Services Act, the DSA has played a crucial role in re-balancing the rights of people and online platforms, putting greater obligations on platforms to keep people safe online, while providing people with greater rights than they had previously.

“Coimisiún na Meán recognises the concerns that many people have about recommender systems and the potential harm that these algorithms can potentially cause by repeatedly pushing harmful content into the feeds of users, especially children and young people.” 

He added, “Our message is clear, it is unacceptable for platforms to prevent people from using their rights under the law, or to try to manipulate people away from making empowered choices about whether or not recommender system feeds control what they see online.”

If Meta is found to be in violation of the EU Digital Services Act, Coimisiún na Meán can apply an administrative financial sanction, including a fine of up to 6pc of its turnover.

Meta has been on the wrong end of a number of investigations since the start of the year. A landmark legal case in March found that Meta and YouTube are designed to be deliberately addictive to children. In the same week a New Mexico jury determined that Meta endangered children by misleading users about the safety of its platforms. As a consequence Meta was told to pay $375m in damages.

In April it was determined by the EU that Instagram and Facebook are in breach of the Digital Services Act for failing to “diligently” identify and mitigate risks affecting online users under the age of 13. The findings were in relation to the investigation looking into potential addictive behaviours in children.

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