Meta’s social networks Facebook and Instagram are under investigation in Ireland over concerns that the platforms’ recommender systems are breaching the bloc’s Digital Services Act (DSA), watchdog Coimisiún na Meán announced on Tuesday.
The Irish inquiry will examine concerns about deceptive design on Meta’s platforms, including allegations that the company prevents Facebook and Instagram users from accessing non-profiled timelines.
Coimisiún na Meán said the investigation will focus on Meta’s use of suspected “dark patterns” in relation to its recommender systems – including concerns that users cannot edit or access content recommendations that do not come from the company tracking their activity on its platforms.
The watchdog said it is concerned that Facebook and Instagram’s interfaces work to discourage users from choosing recommendations that are not based on their Meta profiling.
If the Irish regulator confirms a breach of the DSA, it is empowered to fine Meta up to 6% of its global turnover.
While the DSA obliges the largest designated platforms to offer at least one recommendation option for non-profiling content, the regulator determined that this requirement is not part of its investigation, as the area is an exclusive competence of the European Commission, which also applies the DSA to Meta (but has so far not investigated it for these concerns).
The Media Commission added that there is cooperated closely with the Commission and other national DSA regulators across the EU on this matter.
In a press release sent Euractiv, John Evans, the watchdog’s digital services commissioner, said he acknowledged the concerns users had about recommender systems – particularly highlighting the “potential damage” algorithms could cause by “repeatedly pushing harmful content” to people’s social media feeds.
In recent years, Ireland has faced episodes of civil unrest in which anti-immigrant sentiment was channeled and amplified on social media – raising concerns about the role technology platforms can play in fueling community tensions.
According to the DSA, users of major platforms “have the right to choose a recommender system feed that is not based on the profiling of their personal data,” Evans added.
Separately in March, a Dutch court kept in force a national DSA ruling against Meta, ordering the tech giant to provide local users with a non-profiled timeline that remained in place, rather than being automatically reset – threatening the company with higher fines for non-compliance.
The DSA Commission’s own investigations into Meta have focused primarily on the systemic risks associated with protection of children, election integrity and illegal contentas well as some transparency obligations.
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