Coimisiún na Meán’s Investigations Team has today (05.05.2026) commenced two separate formal investigations into Meta, the provider of the Instagram and Facebook platforms, under the EU Digital Services Act (DSA). The investigations will assess whether these platforms have contravened Article 27 (in particular Article 27.3) and Article 25 (in particular Article 25.1) of the DSA.
Following reviews by An Coimisiún’s Platform Supervision team, and an assessment of complaints, concerns arose in relation to potential ‘dark patterns’, or manipulative and deceptive interface designs, which may prevent people from exercising their right to choose a recommender system feed which is not based on profiling. This concern includes the possible inability of users to select and modify a recommender system feed not based on profiling in a direct and easily accessible way, at any time. An Coimisiún has also closely co-operated with the European Commission and other Digital Services Coordinators (national regulators) across the EU on this matter.
A recommender system feed based on profiling is a list of posts, videos, products, or articles a person sees that has been chosen and ranked for the user by a system that learns from what they like, interact with, or spend time on. Profiling is the use of automated systems to personalise content or ads based on patterns in a person’s data or behaviour.
The investigations will examine:
- Whether users can select and modify their preferred recommender system and the functionality to do so (which is required to be directly and easily accessible), through Facebook and Instagram’s interfaces – Article 27(3),
- Whether the Facebook and Instagram online interfaces deceive or manipulate users away from choosing a recommender system feed that is not based on profiling of their personal data – Article 25(1).
John Evans, Digital Services Commissioner at Coimisiún na Meán said: ‘’Just over two years into the application of the Digital Services Act, the DSA has played a crucial role in re-balancing the rights of people and online platforms, putting greater obligations on platforms to keep people safe online, while providing people with greater rights than they had previously.
Coimisiún na Meán recognises the concerns that many people have about recommender systems, and the potential harm that these algorithms can potentially cause by repeatedly pushing harmful content into the feeds of users, especially children and young people. We want to remind users of Very Large Online Platforms, the household name companies most of us would recognise, that they have a right to choose a recommender system feed that is not based on the profiling of their personal data.
Furthermore, Very Large Online Platforms have an obligation to ensure that users can opt for this alternative feed at any time and that it is easily accessible. Platforms also have a duty to ensure that they do not design or operate their interface in such a way as to manipulate users away from exercising their rights.
Our message is clear: it is unacceptable for platforms to prevent people from using their rights under the law, or to try to manipulate people away from making empowered choices about whether or not recommender system feeds control what they see online.
Coimisiún na Meán, as Ireland’s Digital Services Coordinator, will continue to supervise the implementation of the DSA, one element of Ireland’s Online Safety Framework, for platforms established in Ireland. Where we find evidence of non-compliance by platforms based here, we won’t hesitate to act in defence of the public’s right to a safer online experience. In addition to today’s action, An Coimisiún has opened three other investigations into Very Large Online Platforms in the last six months that are established in Ireland, and we are involved in four other investigations which have been opened by the European Commission.’’
The investigations commenced today by the Investigations Team will be conducted pursuant to Part 8B of the Broadcasting Act 2009, as amended. If a platform is found in violation of the DSA, Coimisiún na Meán can apply an administrative financial sanction, including a fine of up to 6% of turnover.
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