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Ofcom investigates Meta over Instagram Instants feature

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BBC News

October 8, 2026
Ofcom investigates Meta over Instagram Instants feature

Ofcom is investigating Meta over its 'Instants' feature on Instagram, alleging the company failed to conduct mandatory risk assessments under the UK's Online Safety Act. The probe focuses on potential exposure to illegal content and child safety risks, with Meta facing significant potential fines.

Ofcom Launches Investigation into Meta’s 'Instants' Feature

The UK communications regulator, Ofcom, has initiated a formal investigation into Meta regarding the launch of its 'Instants' feature on Instagram. This tool, which allows users to share ephemeral photos with close friends, has drawn scrutiny because the regulator suspects that Meta failed to adequately assess the potential safety risks prior to its deployment. This investigation marks a significant test for the UK’s Online Safety Act (OSA), which mandates that major social media platforms perform rigorous risk assessments before introducing new service features.

The Core Regulatory Conflict

At the heart of the dispute is the requirement for social media giants to proactively identify how their product design might facilitate the spread of illegal content or jeopardize the safety of minors. Ofcom’s director of enforcement, George Lusty, emphasized that these risk assessments are a foundational pillar of the current regulatory framework. The watchdog is now evaluating whether Meta’s launch in May met these stringent legal expectations, or if the company bypassed necessary safety protocols in favor of rapid feature iteration.

Implications of the Online Safety Act

The Online Safety Act represents a paradigm shift in how the UK handles digital governance. By requiring companies to evaluate 'significant changes' to their services, the legislation aims to prevent harm before it occurs. For a company of Meta’s scale—valued at approximately $1.9 trillion—the stakes are exceptionally high. Potential penalties for non-compliance are severe, including formal warnings and fines reaching up to 10% of their global annual revenue, which underscores the gravity of Ofcom's current probe.

Meta’s Position and Defense

In response to the investigation, a Meta spokesperson maintained that the company takes its regulatory obligations seriously. The firm asserts that it conducted a comprehensive risk analysis and engaged in briefings with Ofcom on multiple occasions prior to the launch of Instants. This creates a direct conflict of narrative between the regulator and the tech giant, with the outcome likely to set a precedent for how future feature rollouts are communicated and documented under the new law.

Broader Industry Trends and Future Outlook

This investigation reflects a broader, global trend of increased government oversight into the design choices of Big Tech. Historically, social media companies operated with significant autonomy regarding product updates. However, the move toward 'safety by design' regulations suggests that companies will increasingly need to prove their safety compliance before moving from development to production. As the investigation progresses, the industry will be watching closely to see if Meta’s documentation is deemed sufficient, or if the regulator will demand more granular, evidence-based safety audits for all future product updates.

Conclusion

As Ofcom continues its inquiry into whether Instagram Instants posed unchecked risks to children or allowed for the transmission of illicit material, the case serves as a critical stress test for the Online Safety Act. The conclusion of this investigation will likely influence how Meta and its competitors approach the development of ephemeral content features, shifting the focus from speed-to-market toward a more cautious, documentation-heavy approach to platform safety.

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