London: Britain’s communications regulator Ofcom has opened an investigation into whether Meta Platforms breached UK online safety laws by failing to adequately assess the risks associated with its Instagram Instants feature before its launch in May.
Instants allows Instagram users to share photos and videos that disappear after being viewed. Ofcom is examining whether Meta carried out suitable and sufficient risk assessments covering illegal content and potential risks to children before introducing the feature.
Under the UK Online Safety Act, regulated platforms must assess the risks of illegal content, while services likely to be accessed by children must also assess risks to under-18s. The law also requires platforms to conduct further risk assessments before making significant changes to their design or operation.
George Lusty, Ofcom’s director of enforcement, stated that significant changes to online platforms must be risk assessed before launch and that safety should be incorporated into the design of new features.
Meta maintains that it takes its regulatory obligations under the Online Safety Act seriously. The company stated that it conducted a risk analysis and briefed Ofcom on the feature several times before its launch.
Meta also highlighted protections built into Instants, including restrictions on screenshots, reshares and forwarding, as well as protections for teen accounts. The company stated that it would cooperate with Ofcom during the investigation.
The investigation adds to an increasingly active regulatory relationship between Meta and Ofcom. Meta has also challenged aspects of Ofcom’s implementation of the Online Safety Act, including requirements concerning information provided to the regulator and regulatory fees.
Ofcom’s latest action comes as UK regulators continue to place greater emphasis on ‘safety by design’, particularly when technology companies introduce significant new features that could affect children or expose users to illegal or harmful content.
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