Coimisiún na Meán launches investigations into Meta over ‘dark patterns’ on Facebook and Instagram

Coimisiún na Meán examines whether Meta’s platforms limit user choice and manipulate access to non-profiled content feeds under EU law

If a platform like Meta is found to be in breach of the DSA, Coimisiún na Meán can apply financial sanctions, including a fine of up to 6% of turnover. Picture: VINCENT FEURAY/Hans Lucas/AFP via Getty Images

Media regulator Coimisiún na Meán has begun two investigations into Meta to examine whether the online giant has breached the EU Digital Services Act (DSA), including through the use of “dark patterns” on Facebook and Instagram.

The regulator said there are concerns that so-called “dark patterns” may be preventing people from accessing a feed not based on profiling. Profiling is the use of automated systems to personalise content or ads based on patterns in a person’s data or behaviour.

If a platform is found to be in breach of the DSA, Coimisiún na Meán can apply financial sanctions, including a fine of up to 6% of turnover.

The investigation will examine whether the Facebook and Instagram interfaces deceive or manipulate users away from choosing a recommender system feed that is not based on profiling of their personal data. 

A recommender system is an information filter that suggests content, products, or services to users. Dark patterns — manipulative or deceptive interface designs — may prevent people from exercising their right to choose a recommender system feed not based on profiling.

The investigations will also examine whether users can select and modify their preferred recommender system and whether this functionality — which must be directly and easily accessible — is available through Facebook and Instagram’s interfaces.

John Evans, digital services commissioner with Coimisiún na Meán said: "Just over two years into the application of the Digital Services Act, the Digital Services Act has played a crucial role in re-balancing the rights of people and online platforms, putting greater obligations on platforms to keep people safe online, while providing people with greater rights than they had previously.

"Coimisiún na Meán recognises the concerns that many people have about recommender systems, and the potential harm that these algorithms can potentially cause by repeatedly pushing harmful content into the feeds of users, especially children and young people. 

"We want to remind users of Very Large Online Platforms, the household name companies most of us would recognise, that they have a right to choose a recommender system feed that is not based on the profiling of their personal data.

"Furthermore, Very Large Online Platforms have an obligation to ensure that users can opt for this alternative feed at any time and that it is easily accessible. Platforms also have a duty to ensure that they do not design or operate their interface in such a way as to manipulate users away from exercising their rights.

"Our message is clear: it is unacceptable for platforms to prevent people from using their rights under the law, or to try to manipulate people away from making empowered choices about whether or not recommender system feeds control what they see online." 

A Meta spokesperson said: "We disagree with any suggestion that we have breached the DSA. We have introduced substantial changes to our processes and systems to meet our regulatory obligations, and will engage with Coimisiún na Meán to share details of this work.” 

They said it announced a non-profiling option on Facebook and Instagram back in 2023, in response to the DSA.

EU Digital Services Act

Article 25(1) of the DSA states that providers of online platforms shall not design, organise, or operate their interfaces in a way that "deceives or manipulates the recipients of their service or in a way that otherwise materially distorts or impairs the ability of the recipients of their service to make free and informed decisions".

Article 27(3) of the DSA states that where several options are available for recommender systems that determine the relative order of information presented to recipients of the service, providers must also make available a function that allows users to select and modify their preferred option at any time.

Coimisiún na Meán already has a series of open investigations into online platforms for potential breaches of the DSA, both individually and jointly with the European Commission. These include investigations into:

• TikTok, in respect of suspected non-compliance related to the protection of minors;
• TikTok, in relation to suspected systemic risks to election integrity in the context of the Romanian presidential elections;
• X, in relation to suspected systemic risks linked to its deployment of Grok;
• Shein, in relation to suspected non-compliance on the sale of illegal products, addictive design, and recommender system transparency.