Meta is staring at a potential multibillion-dollar penalty as the European Union (EU) on Wednesday flagged a serious breach of child safety rules. The tech giant faces a fine of up to 6% of its total worldwide annual turnover after a preliminary investigation found it failed to effectively block children under the age of 13 from using Facebook and Instagram.

In its latest press release, the European Commission asserted that its preliminary investigation has found Meta’s current measures to enforce age restrictions are “ineffective in nature.”

Under the provisions of Europe’s Digital Services Act (DSA) 2025, the regulator has flagged that Meta’s failure to uphold its own Terms of Service (ToC) constitutes a major compliance risk.

“Terms and conditions should not be mere written statements, but rather the basis for concrete action to protect users — including children,” said Henna Virkkunen, EU Executive Vice-President for Tech Sovereignty, Security and Democracy.

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While the EU has provided Meta with an opportunity to rectify its methods to align with the safety act, the stakes remain high. If the regulator’s findings are confirmed in a final ruling, the EU can fine the tech giant up to 6% of the company’s total worldwide annual turnover.
Additionally, the Commission may impose periodic penalty payments to compel the platform into immediate compliance.

Meta’s response to EU

Meta has expressed its disagreement with the EU’s preliminary findings, maintaining that it already employs robust age-gating technologies.

“We’re clear that Instagram and Facebook are intended for people aged 13 and older and we have measures in place to detect and remove accounts from anyone under that age,” a Meta spokesperson told the Associated Press. The company added that it would continue to engage with the EU throughout the proceedings to demonstrate its commitment to user safety.

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What did the EU find to be wrong within Meta: Inside the investigation

The EU’s critique focuses on what it describes as “ineffective” monitoring and reporting systems. According to the investigation, Meta’s tool for reporting minors under 13 is unnecessarily complex.

“Meta’s tool for reporting minors under 13 on the platform is difficult to use and not effective, requiring up to seven clicks just to access the reporting form,” the EU mentioned in its findings. 

The regulator further revealed that even when a minor is reported, there is often no proper follow-up, allowing the user to continue using the service without further checks.

The investigation also highlighted the following systemic failures:

  • Arbitrary Risk Assessment: The EU found Meta’s internal risk assessments to be incomplete, failing to identify how younger children are exposed to age-inappropriate experiences.
  • Widespread Underage Usage: Evidence indicates that approximately 10-12% of children under 13 across the EU are actively accessing Instagram and Facebook, contradicting Meta’s internal data.
  • Scientific Disregard: The Commission noted that Meta appeared to disregard available scientific evidence showing that younger children are more vulnerable to psychological harm on social platforms.

At this stage, the Commission has directed Meta to strengthen its measures to detect and remove minors and to overhaul its risk assessment methodology to ensure a high level of privacy and security for young users.