Media regulator opens Meta probe over Facebook and Instagram algorithms

By Claudia Savage, Press Association

The nmedia regulator has launched investigations into Meta over recommender algorithms on Facebook and Instagram.

Coimisiun na Mean has said it will not “hesitate to act in defence of the public’s right to a safer online experience” if violations are identified.

The probes by the body’s investigations team will assess suspected violations of articles 27 and 25 of the EU Digital Services Act (DSA) relating to ad targeting and platform design.

Last month the European Commission said Instagram and Facebook, which are owned by Meta, were in breach of the DSA for “failing to diligently identify, assess and mitigate the risks of minors under 13 years old accessing their services”.

Following reviews by the commission’s Platform Supervision team, concerns arose in relation to potential “dark patterns”, or manipulative and deceptive interface designs, which may prevent people from exercising their right to choose a recommender system feed which is not based on profiling.

A recommender system feed is a style of curation where content is not shown chronologically, but is instead curated using profile data such as past activity such as watch time, time of day, location and behaviour of similar users.

Profiling is the use of automated systems to personalise content or ads based on patterns in a person’s data or behaviour.

The investigations will examine a number of issues, including whether users can select and modify their preferred recommender system and the functionality to do so, which is required to be directly and easily accessible through Facebook and Instagram’s interfaces.

The regulator will also investigate whether 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.

John Evans, digital services commissioner at Coimisiun na Mean, said the DSA has placed “greater obligations on platforms to keep people safe online, while providing people with greater rights than they had previously”.

He said: “Coimisiun na Mean 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.

Where we find evidence of non-compliance by platforms based here, we won’t hesitate to act in defence of the public’s right to a safer online experience

“We want to remind users of very large online platforms (VLOPs), 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.

“Coimisiun na Mean, as Ireland’s Digital Services Co-ordinator, will continue to supervise the implementation of the DSA, one element of Ireland’s Online Safety Framework, for platforms established in Ireland.

“Where we find evidence of non-compliance by platforms based here, we won’t hesitate to act in defence of the public’s right to a safer online experience.”

The regulator has also opened three other investigations into VLOPs in the last six months that are established in Ireland, and is working as part of four other investigations opened by the European Commission.

If a platform is found in violation of the DSA, Coimisiun na Mean can apply an administrative financial sanction, including a fine of up to 6% of turnover.