UK probes Meta over risk assessment of Instagram Instants

Britain’s communications regulator, Ofcom, has launched its first formal investigation under the Online Safety Act (OSA) against Meta Platforms, questioning whether the social‑media giant carried out the required risk reviews before launching Instagram’s “Instants” feature in May. The probe centres on whether Meta adequately assessed the risk of illegal content and the safety of children on the new disappearing‑photo service.

Instants, introduced in May, lets users share images that disappear after the recipient views them. The feature is available to “close friends” or mutual followers and can be accessed via a standalone app. Meta has built in safeguards such as blocking screenshots, reshares and forwarding, and it automatically applies Teen Account protections for users under 18.

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According to the OSA, any significant change to a platform’s design or operation must be preceded by a “suitable and sufficient” risk assessment. The law requires two separate reviews: one for illegal content and another for potential harm to children. If a platform fails to comply, Ofcom can issue a warning, order remedial action, or impose a fine of up to £18 million or 10 % of qualifying worldwide revenue, whichever is greater.

“Our online safety laws are clear — significant changes to platforms must be risk assessed before they’re launched,” said George Lusty, director of enforcement at Ofcom.

"Our online safety laws are clear — significant changes to platforms must be risk assessed before they’re launched."

George Lusty, director of enforcement, Ofcom

Lusty added that “safety by design must be built in, not bolted on, and today’s investigation shows we’ll take action where we have concerns that providers are failing to comply.”

"Safety by design must be built in, not bolted on, and today’s investigation shows we’ll take action where we have concerns that providers are failing to comply."

George Lusty, Ofcom

Meta’s spokesperson replied that the company had “conducted a risk analysis and briefed Ofcom about this feature on a number of occasions before launching it.” The spokesperson also highlighted the built‑in protections: “Instants has in-built protections, including blocking screenshots, reshares and forwarding, no public feed, and Teen Account protections on automatically.”

"We conducted a risk analysis and briefed Ofcom about this feature on a number of occasions before launching it,"

Meta spokesperson, via Reuters

"Instants has in-built protections, including blocking screenshots, reshares and forwarding, no public feed, and Teen Account protections on automatically."

Meta spokesperson, via Reuters

Meta has already taken the regulator to court over several aspects of the OSA, challenging the fees imposed on tech firms and the classification of its services under the Act. The company has joined TikTok and Elon Musk’s X in a legal dispute over the scope of information that Ofcom can demand. In addition, Ofcom is separately investigating whether Meta breached the law by failing to provide information about its WhatsApp Business product under the Communications Act.

Ofcom’s investigative process begins with the collection and examination of evidence. If the regulator suspects a breach, it will issue a provisional decision, allowing Meta to respond before a final ruling is issued. A confirmed breach could trigger remedial orders and the aforementioned financial penalties.

Assessment Type	Legal Requirement	Meta’s Stated Action	Ofcom’s Position
Illegal‑content risk assessment	Must be “suitable and sufficient” before launch	Risk analysis conducted; briefed Ofcom multiple times	Regulator questioning adequacy of review
Children’s risk assessment	Must be “suitable and sufficient” before launch	Instants includes Teen Account protections by default	Regulator investigating compliance

Other regulatory actions under the OSA include investigations into an online suicide discussion forum, pornographic sites, file‑sharing services used to distribute child sexual abuse material, and platforms such as 4chan. Ofcom has also issued warnings to major platforms that skipping required risk reviews could lead to enforcement action.

The Molly Rose Foundation, founded by the family of teenager Molly Russell who died by suicide after viewing harmful content on Instagram, has called for Meta to be held accountable under the OSA. “Meta should be held to account for their failures under the Online Safety Act,” the foundation said.

What to Watch Next

• Ofcom will announce the outcome of the provisional decision, if any.
• Meta may file appeals or additional submissions in response to Ofcom’s findings.
• Final ruling expected, with potential remedial orders or fines.
• Ongoing: Legal challenges by Meta, TikTok and X over Ofcom’s enforcement powers and data‑request scope.

Until then, the regulator’s probe remains a test case for the OSA’s reach over new features that alter how user content is shared. The outcome could set a precedent for how platforms approach risk assessments for future innovations and influence the balance between regulatory oversight and platform autonomy in the UK’s digital landscape.