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Full Breakdown

EU Finds Meta in Breach of Digital Services Act Over Under-13 Access

4/29/2026, 8:01:56 PM

EU’s Preliminary Findings

On 29 April 2026 the European Commission issued preliminary findings that Meta Platforms breaches the Digital Services Act. The Commission said Meta’s age-verification lets children under 13 create Instagram and Facebook accounts, that false birth dates go unchecked, and that the under-age reporting tool is cumbersome and rarely leads to removal. A confirmed breach could cost up to 6 % of global turnover.

Background & Data

The DSA, adopted in 2022, obliges platforms to “diligently identify and mitigate” risks to minors. Brussels launched a formal probe of Meta in May 2024, focusing on age-verification, risk-assessment and design. Regulators estimate 10-12 % of EU children under 13 use Instagram or Facebook. Non-compliance could trigger fines up to 6 % of Meta’s 2025 revenue of $201 billion.

Official Statements

EU tech chief Henna Virkkunen said Meta must revamp its risk-assessment methodology and improve detection and removal of under-age accounts. A Meta spokesperson replied that the company disagrees with the findings, insists Instagram and Facebook are for users 13 years and older, and will “continue to invest in technologies to find and remove underage users” with new measures to be announced next week.

Criticism & Opposition

The Commission says Meta’s “incomplete and arbitrary” risk assessment exposes children to bullying, grooming, violent content and other age-inappropriate experiences, and calls the reporting tool “difficult to use and not effective.”

Conflicting Reports & Gaps

The Commission argues Meta’s age-verification is ineffective; Meta counters that robust detection tools already exist. No public data show how many under-age accounts are removed after reporting, leaving both claims unverified. Meta’s internal estimate of under-13 usage also differs from the EU’s 10-12 % figure, but the exact gap is undisclosed.

Verbatim Quotes

  • “Yet, our preliminary findings show that Instagram and Facebook are doing very little to prevent children below this age from accessing their services.” — Henna Virkkunen
  • “The DSA requires platforms to enforce their own rules: terms and conditions should not be mere written statements, but rather the basis for concrete action to protect users – including children.” — Henna Virkkunen
  • “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.” — Meta spokesperson
  • “Understanding age is an industry-wide challenge, which requires an industry-wide solution, and we will continue to engage constructively with the European Commission on this important issue,” — Meta spokesperson

What’s Next

Meta will unveil additional safety measures next week and file a formal response to the Commission. The EU may issue a final non-compliance decision later in 2026, potentially imposing a fine of up to €12 billion under the 6 % ceiling. Brussels also plans to roll out an EU-wide age-verification app by year-end, while several member states debate broader bans on social-media for minors under 15-16.