Ofcom investigates Meta over risk checks for Instagram’s disappearing-image feature

Ofcom has opened an investigation into whether Meta breached the UK’s Online Safety Act by launching Instagram Instants without completing suitable risk assessments for illegal content and children’s safety. The feature allows users to send images that disappear after being viewed, and was introduced on Instagram in May. The regulator said significant changes to a platform’s design or operation must be assessed before launch.

Ofcom’s inquiry will examine whether Meta completed both an illegal-content risk assessment and a children’s risk assessment, and whether those assessments were adequate under the legislation. George Lusty, Ofcom’s enforcement director, said risk assessments were an essential safeguard for users. He compared launching an online service without proper testing to releasing a car without testing it, and said safety should be built into a product rather than added afterwards.

His comments describe the regulator’s rationale for investigating; they do not amount to a finding that Meta has breached the law. Instants is designed for sharing spontaneous images with selected contacts. According to the BBC, images can be viewed by a user’s close friends or by people who follow one another.

The Guardian reports that the feature blocks forwarding, while Meta says protections include safeguards associated with teen accounts. The BBC also reports that screenshots and reshares are prevented. Meta said it had conducted a risk analysis and briefed Ofcom about Instants on several occasions before launch.

A company spokesperson said Meta takes its obligations under the Online Safety Act seriously and would cooperate with the investigation. Meta also said it had acted to protect younger users through the default teen-account settings used across Instagram, Facebook and Messenger. The inquiry is significant because disappearing images have previously been identified as presenting particular risks for children and teenagers on some services.

The reports do not specify an incident involving Instants or say that illegal or harmful content was found on the feature. Ofcom is examining the adequacy of Meta’s preparation, not announcing a confirmed harm finding. If Ofcom concludes that Meta breached the Online Safety Act, the Guardian reports that the regulator’s possible responses range from a formal warning to a fine of up to 10% of the company’s global revenue.

The reports do not say whether Ofcom has reached any preliminary conclusion or what penalty, if any, would be considered. The investigation comes as Meta is already challenging aspects of Ofcom’s online-safety regime in court. The reports say Meta disputes the regulator’s fees and its classification of WhatsApp and Instagram in a category carrying additional duties.

Meta, TikTok and X are also challenging information demands from Ofcom. Separately, Ofcom is investigating Meta over an alleged failure to comply with a request concerning WhatsApp. The current case concerns the launch of Instants and the checks carried out beforehand.

Meta maintains that it completed the necessary analysis and engaged with Ofcom; the regulator is testing whether those steps were sufficient. The available reports establish an investigation, not a final judgment on Meta’s compliance.