Ofcom opens Meta investigation over Instagram Instants safety compliance

This investigation marks a critical enforcement milestone for the UK's Online Safety Act, signaling that regulators will strictly police the 'risk assessment first' requirement for new feature launches. For the streaming and social video ecosystem, it highlights the high compliance burden placed on ephemeral content platforms where moderation is technically more complex. If Meta is penalized, it may force a shift in how product teams at major platforms prioritize regulatory sign-off before deploying real-time video sharing tools. Watch for Ofcom's initial information-gathering findings to see if they establish a precedent for what constitutes a 'suitable and sufficient' risk assessment for ephemeral media.

Ofcom's investigation into Meta over Instagram Instants represents one of the first formal enforcement actions under the Online Safety Act 2023's risk assessment duties. The regulator has already issued its first illegal content codes of practice in December 2024, which set out specific expectations for platforms to assess and mitigate risks before launching new features. Those codes require services to conduct risk assessments that are "suitable and sufficient" relative to the size and nature of the service, a standard that Ofcom is now testing against Meta's launch of Instagram Instants without apparent prior assessment.

Meta faces significant financial exposure if found in breach. The Online Safety Act permits fines of up to £18 million or 10% of global annual revenue, whichever is greater. Ofcom has published guidance on its enforcement powers under the Act, which includes the ability to issue information notices, impose interim enforcement measures, and pursue criminal prosecution against senior managers in extreme cases. The regulator has signaled it will prioritize enforcement against the largest platforms with the widest reach, making Meta a natural early target given Instagram's user base in the UK.

The Instagram Instants case also sits within a broader pattern of Ofcom scrutinizing ephemeral and short-form video features for child safety compliance. In its 2025 Online Nation report, Ofcom identified that 79% of UK children aged 5 to 17 use social media, with short-form video being the most consumed format. The regulator has separately opened investigations into TikTok and Snapchat over similar risk assessment obligations, establishing that ephemeral content features are a particular area of concern because their transient nature complicates content moderation and evidence retention. As UK Online Safety Act enforcement intensifies, platforms are increasingly facing legal challenges regarding their compliance strategies.