Ofcom opened a formal investigation into Meta on 6 October 2026. The UK regulator wants to know whether Meta assessed the risks of Instagram Instants properly before launching it. If Ofcom finds a breach, the fine could reach 10% of Meta's qualifying worldwide revenue.
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What Ofcom is investigating
Meta launched Instants in May 2026. The feature lets Instagram users share content that disappears once it has been viewed.
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Ofcom is asking one question. Did Meta carry out a suitable and sufficient illegal content risk assessment, and a children's risk assessment, before Instants went live? The case page cites sections 9(4) and 11(4) of the Online Safety Act 2023.
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What the Online Safety Act requires
The Act puts three duties on platforms that matter here:
- Assess and reduce the risk of UK users encountering illegal content.
- If children are likely to use the service, assess and reduce their exposure to harmful material.
- Update those risk assessments before any significant change to the service's design or operation.
Ofcom says it warned major platforms earlier this year that skipping the third step could lead to enforcement. Its enforcement director, George Lusty, compared the duty to testing a new car before it goes on sale.
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What happens next
Ofcom's process has four stages:
- Gather and analyse evidence.
- Issue a provisional decision if it believes Meta failed to comply.
- Give Meta the chance to respond in full.
- Make a final decision.
Ofcom has not given a timetable. It says it will publish updates as the case progresses.
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How big could the fine be?
Ofcom can fine a company up to £18 million or 10% of qualifying worldwide revenue, whichever is greater. It can also order specific changes to bring a platform into compliance.
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What Meta says
Meta says it did run a risk analysis and briefed Ofcom on the feature several times before launch, Neowin reports, citing a statement to BBC News. The company says it will cooperate.
This is not Meta's only dispute with the regulator. Ofcom is separately looking at a WhatsApp information request, and Meta, TikTok and X are challenging how much data Ofcom demands, according to Telecoms.com.
What this means if you build products for UK users
The case is about process, not about a specific piece of harmful content. That makes it relevant to any service with user-generated content that UK users can reach.
- Treat the risk assessment as a launch gate, alongside QA and security review.
- Write it down before you ship. A later assessment does not meet the duty.
- Re-assess when a feature changes how content is shared, stored or removed.
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FAQ
What is Instagram Instants?
A feature Meta added to Instagram in May 2026. Content shared through it disappears after the recipient has viewed it.
Has Meta been found in breach?
No. Ofcom has opened an investigation and has not reached a decision.
