BRUSSELS, Belgium (AFP) —The European Union (EU) said on Wednesday Meta is failing to prevent children under 13 using Facebook and Instagram, potentially exposing them to inappropriate content — and putting the tech giant at risk of a massive fine.

The EU has in recent months stepped up efforts to protect children online, with several member countries considering social media bans for under-16s.

The EU executive is also exploring a possible bloc-wide age limit on social media after coming under intense pressure to take broader action following Australia’s groundbreaking ban on using such platforms for under-16s.

In its latest move to enhance protections for children online, the EU said a probe showed Meta broke digital content rules, and told the US firm to “strengthen” its measures to prevent, detect and remove under-13s on Facebook and Instagram.

Under Meta’s own terms and conditions, the minimum age to access the social media platforms is 13.

In its preliminary view, the EU found Meta had ineffective measures to enforce its own restrictions on children using Facebook and Instagram.

“Terms and conditions should not be mere written statements, but rather the basis for concrete action to protect users — including children,” said EU tech tsar Henna Virkkunen.

If the regulator’s views on Meta are confirmed, the EU can impose a fine of up to six percent of the company’s total worldwide annual turnover.

Meta disagreed with the EU’s findings.

“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,” a Meta spokesperson said, adding the company would continue to engage with the EU.

Ongoing Meta probe

The EU has vowed to ensure Big Tech gets to grips with the many dangers online for children. In February, it gave the unprecedented warning to China’s TikTok to change its “addictive design” or risk heavy fines.

Wednesday’s preliminary findings against Meta come after the EU opened an investigation in May 2024 under the Digital Services Act (DSA), an online content law that has been fiercely criticized by the US President Donald Trump’s administration.

The DSA is part of reinforced legal weaponry adopted by the EU in recent years to curb what Brussels describes as Big Tech’s excesses.

European regulators found children are able to easily create an account by entering a false date of birth, and said Meta had “no effective controls” to check.

The EU also said Meta’s tool to report the presence of children on Facebook or Instagram was “difficult to use and not effective, requiring up to seven clicks just to access the reporting form.”

Meta also “inadequately” identified the risks of children under 13 accessing the apps, and the potential for exposure to “age-inappropriate experiences.”

Brussels added Meta’s risk assessment “contradicts large bodies of evidence” from across the EU that indicate around 10 to 12 percent of under-13s access the platforms.

Meta can avoid fines by offering remedies for the breaches.