While the European Commission is working on new legislation to combat addictive design through the Digital Fairness Act, it is also looking at the tools already available under existing law, namely the Digital Services Act (DSA). In its investigation into Meta, the European Commission now concludes that Meta failed to adequately account for the risks that addictive design poses to users' physical and mental well-being in its own risk assessment. Not particularly surprising, if you ask us. If you ask a Big Tech company like Meta to assess its own risks, of course it passes with flying colors. It's good that the European Commission now sees this too. And about time.

The investigation focused, among other things, on elements such as the endless scroll feature, autoplaying videos, notifications, and hyper-personalized timelines. These design elements fuel the urge of Instagram and Facebook users to keep scrolling. The brain goes on autopilot. That in turn leads to unhealthy habits and compulsive use of the apps. Meta also reportedly failed to include information about the amount of time minors spend on its platforms at night in its risk assessment.

Moreover, the risk mitigation measures Meta has put in place are inadequate. For example, Meta's time management tools can easily be circumvented and do not lead to meaningful control over platform use. Parental control options are also ineffective, according to the European Commission.

The European Commission concludes that Meta must change the design of Instagram and Facebook by, among other things, turning off addictive features by default and implementing so-called "screen time breaks." Additionally, the recommendation algorithms that determine what people see on their timelines should be less engagement-driven. This is, of course, nicely in line with the lawsuit we won against Meta.

Based on these preliminary findings, Meta now has the opportunity to defend itself in writing. Other regulators are also being asked for input. After that, the European Commission will issue a final ruling — for example, that Meta is failing to comply with the law. That would put the tech company at risk of a fine of up to 6% of its global revenue.

At Bits of Freedom, we've been focused on the design of online platforms for some time. For example, we conducted research into manipulative design on platforms, and we also commissioned a study into the addictive design of online platforms. It's no coincidence that we focus so heavily on app design: design tricks hold users' attention in ways that diminish their autonomy and freedom of choice.

That's why it's crucial that this design be regulated. Without addictive or manipulative design, we regain control over our own time and can make conscious choices about how we spend it — on a platform, or not. That applies to minors and vulnerable groups, whom the European Commission explicitly highlights in its investigation, but equally to everyone else. Freedom of choice is a fundamental right within freedom of expression. Everyone is entitled to it.