Meta’s Facebook and Instagram are being investigated in Ireland amid concerns that their recommendation algorithms may breach the EU’s Digital Services Act, the watchdog Coimisiún na Meán announced Tuesday.

The Irish investigation will look into concerns over deceptive design on Meta’s platforms, including suspicions the company prevents Facebook and Instagram users from accessing non-profiling-based timelines, News.Az reports, citing Euractiv.

Coimisiún na Meán said the probe will focus on Meta’s use of suspected “dark patterns” related to its recommender systems – including in relation to concerns that users can’t modify or access content recommendations that are not derived from the company tracking their activity on its platforms.

The watchdog said it’s concerned that Facebook and Instagram’s interfaces work to discourage users from choosing recommendations that aren’t based on Meta profiling them.

Should the Irish regulator confirm a DSA breach, it’s empowered to fine Meta up to 6% of its global turnover.

While the DSA obliges larger designated platforms to provide at least one non-profiling content recommendation option, the regulator stipulated that this requirement is not part of its investigation, as the area is an exclusive competence of the European Commission, which also enforces the DSA on Meta (but has so far not investigated it over these concerns).

Coimisiún na Meán added that it has closely co-operated with the Commission and other national DSA regulators across the EU on the matter.

In a press statement sent to Euractiv, John Evans, the watchdog’s digital services commissioner, said it recognised concerns that users had over recommender systems – particularly highlighting the “potential harm” algorithms can cause “by repeatedly pushing harmful content” into people’s social media feeds.

In recent years, Ireland has faced episodes of civil unrest in which anti-immigrant sentiment was channeled and amplified on social media – raising concerns about the role tech platforms can play in fuelling community tensions.  

Under the DSA, users of large platforms “have a right to choose a recommender system feed that is not based on the profiling of their personal data”, Evans added.

Separately in March, a Dutch court upheld a national DSA ruling against Meta, ordering the tech giant to provide local users with a non-profiled-based timeline that remained in place, rather than automatically resetting – threatening the company with higher fines for non-compliance. 

The Commission’s own DSA investigations on Meta have mainly focused on systemic risks related to child protection, election integrity and illegal content, as well as some transparency obligations.

News.Az 

By Ulviyya Salmanli