EU declares Meta's autoplay and infinite scroll illegal

What happened?

The European Commission has made public its preliminary findings accusing Meta of designing Facebook and Instagram to be addictive, particularly through the features of video autoplay and infinite scroll. According to the body, these features constitute 'deceptive patterns' prohibited by the Digital Services Act (DSA). Meta now has a deadline to respond before Brussels makes a final decision, which could impose fines of up to 6% of the company's annual global revenue. With a turnover of approximately $201 billion in 2025, the penalty could reach $12 billion.

These findings are based on an investigation launched in 2024, when the EU opened a case on the effects of Meta's platforms on users' mental health, especially minors. The DSA, which came into effect in 2024 for the largest platforms, requires companies to assess and mitigate systemic risks arising from the design of their services. The Commission considers that autoplay and infinite scroll exploit cognitive biases, such as the tendency to continue watching content without interruption, which prolongs usage time and can lead to dependency.

Why is it important?

This action marks a milestone in European tech regulation. For the first time, the DSA is used to directly target the product design of major platforms, not just content moderation or data protection. Autoplay and infinite scroll are design techniques widely used by social networks (TikTok, YouTube, X), streaming services (Netflix, Disney+), and news apps (Google News, Flipboard). If the EU confirms its stance, it could set a precedent that forces a rethink of the architecture of numerous digital platforms. Moreover, the decision reinforces Europe's focus on protecting users' digital well-being, especially minors.

This case adds to other regulatory actions against Meta in Europe. In 2023, the EU fined Meta €390 million for privacy violations related to personalized ads. In 2024, the General Data Protection Regulation (GDPR) had already imposed sanctions of €1.2 billion on Meta for illegal data transfers to the US. Now, the DSA adds a new layer of scrutiny focused on addictive design. The Commission is also investigating TikTok and X for similar practices, though those probes are at earlier stages.

The potential economic impact is enormous. The maximum fine of 6% of Meta's global revenue in 2025 ($12 billion) doubles the largest previous penalty under GDPR. Additionally, Meta could face corrective measures requiring it to redesign its platforms, which would involve development costs and potential loss of advertising revenue if usage time decreases. Investors have already reacted: Meta's shares fell 2.3% on Friday after the announcement, though they later partially recovered.

What consequences will it have?

If the EU confirms the accusations, Meta will have to modify its platforms to remove or redesign these features in the European market. This could include disabling autoplay by default and limiting infinite scroll with pauses or pagination. The fines would be a severe financial blow, but the real impact would be reputational and regulatory: other companies like TikTok, YouTube, or X could face similar investigations. In the long term, the decision could accelerate the adoption of more ethical and user-centered designs, though it would also draw criticism about government interference in innovation.

For European users, the changes could result in a less seamless experience, with more interruptions and less passive consumption. However, studies like one from Stanford University (2023) suggest that reducing autoplay decreases screen time by an average of 20%, which could improve mental health. For companies that rely on user retention, such as social media platforms or streaming services, this decision could force them to seek new success metrics beyond time spent, such as user satisfaction or interaction quality.

Meta has already begun preparing its defense. The company argues that autoplay and infinite scroll are standard features that users expect and can be disabled in settings. However, the Commission maintains that default design matters because most users do not change default settings. Meta could also appeal to the Court of Justice of the European Union, a process that could take several years. Meanwhile, other tech companies are watching closely: Google already removed infinite scroll from desktop search results in 2024, though it retains it on mobile.

What should readers know?

European users can expect changes to the Facebook and Instagram experience in the coming months. Meta will likely appeal the decision, but regulatory pressure is strong. This case shows that the EU is willing to use the DSA aggressively to shape the behavior of big tech companies. For businesses and developers, it is a clear signal that product design must consider mental health impact, not just user retention. The final decision is expected by late 2025 or early 2026.

Additionally, readers should know that the DSA also requires platforms to conduct annual risk assessments and undergo external audits. This means that even if Meta avoids a fine now, it will have to continuously demonstrate that its designs are not addictive. The Commission has already published guidelines on 'deceptive design' in 2025, which include examples like hiding options to disable features or creating 'echo chambers' that encourage excessive consumption. Other companies like TikTok have already introduced time limits for minors following regulatory pressure in Europe, suggesting the industry is beginning to adapt.

In historical comparison, this case recalls the regulation of television advertising in the 1970s, when ads targeting children were limited to prevent excessive sugar consumption. Now, the EU applies a similar approach to digital design, considering that retention techniques can be as harmful as harmful content. The final decision could have global implications, as other countries like Brazil, India, and Australia are developing similar laws inspired by the DSA. If the EU succeeds in imposing changes on Meta, it could set a global standard for ethical platform design.