Meta Faces Up to 6% Global Turnover Fine as Commission Confirms Instagram and Facebook DSA Breach on Minors

The European Commission’s preliminary findings of 29 April 2026 against Meta’s Instagram and Facebook continue to reverberate across the European technology regulatory landscape, with the platforms’ parent company facing potential fines of up to 6% of its global annual turnover. The case, which the Commission frames as one of its most direct Digital Services Act enforcement actions to date, exposes systemic failures in age verification and child protection on the two largest social networks in the European Union.

The Commission’s findings

The Commission preliminarily found that Instagram and Facebook are in breach of the DSA for failing to diligently identify, assess and mitigate the risks posed by minors under 13 accessing their services. Despite Meta’s own terms of service setting the minimum access age at 13, the Commission concluded that the platforms’ enforcement measures are not effective. When creating an account, the investigation showed, an under-13 user can simply enter a false date of birth, with no meaningful verification mechanism applied to self-declared age data.

Reporting tools deemed ineffective

Commission investigators also examined Meta’s reporting tools, finding them difficult to use and largely ineffective. Reporting an underage user requires up to seven clicks to navigate to the relevant form, which is not pre-filled with user details, and frequently no follow-up action results — leaving reported minors free to continue using the platforms. The Commission considers these procedural failures structurally inconsistent with the obligations placed on very large online platforms by the DSA.

10-12% of under-13s on Meta platforms

The Commission’s assessment estimates that roughly 10 to 12% of children under 13 across the EU currently use Instagram and Facebook — a figure that openly contradicts Meta’s internal assessments. The Commission noted that Meta “disregarded readily available scientific evidence” indicating that younger children face heightened harm on these services. Independent evidence collected across the European Union points to approximately one in ten under-13 children holding active accounts on the apps, a figure consistent with the Commission’s own estimate.

Meta’s response

Meta has rejected the Commission’s preliminary findings, claiming the company already implements measures to detect and remove underage accounts. Meta now has the right to examine the investigation file and submit a written response. The European Board for Digital Services will be consulted in parallel. If the Commission upholds the finding, Meta could be fined up to 6% of its global annual turnover — a penalty which, on the basis of 2025 figures, would represent several billion euros and would be the largest DSA fine to date.

Third major EU action against Meta in 18 months

The case is the third major EU enforcement action against Meta in the space of 18 months. It follows the April 2025 Digital Markets Act fine and the October 2025 DSA transparency finding. In December 2025, X received a €120 million fine — the first concrete DSA non-compliance decision. The pattern is unmistakable: enforcement is accelerating, with particular focus on the protection of minors and platform transparency.

EU age verification blueprint

To support compliance, the Commission has developed a blueprint for a European age verification application that serves as a reference framework for privacy-preserving compliance. The blueprint illustrates what an accurate, reliable, robust, non-intrusive and non-discriminatory verification mechanism could look like — providing a concrete model for platforms to follow. The 2025 DSA Guidelines on the protection of minors set the benchmark, and Meta’s apparent failure to align with this standard is at the heart of the current investigation.

Implications for advertisers and creators

For digital advertisers and content creators on Meta platforms, the regulatory uncertainty represents a structural risk. While no concrete platform changes are expected in the short term — May to August 2026 — alternative distribution strategies may need to be planned for the third quarter should the Commission issue a final decision. The case fits within a broader European trend toward stricter accountability of digital platforms, in parallel with the New Mexico decision in the US that found Meta liable for misleading users on child safety.