LONDON — The European Commission accused Meta Platforms of failing to prevent children younger than 13 from accessing Facebook and Instagram, in violation of the bloc's digital rules requiring social media sites to protect minors. The EU's executive branch said the company lacked effective measures to stop underage users from signing up and was inadequately assessing the risk of children being exposed to age-inappropriate experiences on its platforms.

The findings are part of a wide-ranging investigation the commission opened into Meta in May 2024 under the Digital Services Act, which requires tech companies operating in the 27-nation bloc to clean up online platforms and protect internet users. Meta's minimum age to open an account on Facebook or Instagram is 13.

"The DSA requires platforms to enforce their own rules: terms and conditions should not be mere written statements, but rather the basis for concrete action to protect users – including children," said Henna Virkkunen, Executive Vice President at the European Commission. Virkkunen said the investigation found that Instagram and Facebook had not taken actions to prevent children under 13 from accessing their services, despite their terms and conditions stating the services are not intended for minors under 13.

The commission said children under 13 could use a fake birthdate to open a Facebook or Instagram account, with no checks on their self-declaration. It also said the company's tool for reporting underage use was difficult to use and not effective, with no proper follow-up, allowing underage users to continue using the service.

In response, Meta said it has measures in place to detect and remove accounts for anyone younger than 13. "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," the company said. "We continue to invest in technologies to find and remove underage users and will have more to share next week about additional measures we plan to roll out soon," Meta added. "Understanding age is an industry-wide challenge, which requires an industry-wide solution, and we will continue to engage constructively with the European Commission on this important issue," the company said.

Meta has the opportunity to respond to the preliminary findings before the final decision is issued. Violations of the Digital Services Act can result in fines of up to 6% of a company's worldwide annual revenue. Meta reported revenue of $201 billion for 2025.

Several European governments have moved to tighten rules on minors' access to social media. Spain wants to ban social media use for children under 16, French lawmakers voted for restrictions banning social media for children under 15, and the UK government said it was considering age or functionality restrictions on social media for children under 16.