Meta platforms Instagram and Facebook are being investigated by Coimisiún na Meán to see if they have breached provisions of the Digital Services Act (DSA) by failing to provide information and transparent options with regard to content recommender feeds.
In a statement on Tuesday, the commission said the move followed initial assessments by its platform supervision team and reviews of complaints made to it.
The concerns, it said, relate to whether there have been breaches of the DSA, in particular whether the platforms have allowed users to make fully informed decisions about their use of the apps and the recommender systems used by them. These are the algorithmic engines that curate the content users see on platforms based on what they like, engage with or spend time on.
If the Meta subsidiaries are found to have breached the DSA, the company could potentially face fines of up to 6 per cent of turnover.
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Section 27.1 of the DSA says providers of online platforms that use recommender systems need to set out their terms in plain language, while section 27.3 requires that the platforms provide users with straightforward and transparent options to change their preferences with regard to the recommender systems.
Section 25.1, which the commission says is also of significance to its investigation, prohibits the manipulation of users in a way that prevents them being able to freely exercise their rights.
The investigation, Coimisiún na Meán says, will look at whether users can select and modify their preferred recommender system and whether the ability to do so is easily available. It will also assess if the Facebook and Instagram online interfaces “deceive or manipulate users away from choosing a recommender system feed that is not based on profiling of their personal data”. It says there are concerns “there may be so-called ‘dark patterns’ preventing people from accessing a feed not based on profiling”.
The organisation’s digital services commissioner, John Evans, said: “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”.
“Very large online platforms have an obligation to ensure that users can opt for ... [an] 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.”
[ EU criticises Meta over failure to protect children on social mediaOpens in new window ]
Asked for the company’s response to the announcement of the investigation, a spokesperson for Meta 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.”
Coimisiún na Meán already has investigations in progress into X, TikTok and Shein, some of them in conjunction with the European Commission.
