Ofcom Investigates Meta Over Instagram Instants Safety Checks
Ofcom has opened an investigation into Meta over the launch of Instagram Instants for a possible breach of the UK's Online Safety Act.
The inquiry was disclosed on 6 October 2026. It focuses on whether Meta failed to carry out adequate checks on two risks: whether the feature could show illegal content, and whether children could access it. Instants allows users to send images that disappear after viewing. The Guardian
Under the Act, social media companies must carry out a risk assessment, a formal review of possible harms, before making a significant change to how a service is designed or run. Ofcom became the UK regulator for online safety under the Act in October 2023. From 17 March 2025, online providers have been required to protect users from illegal content and activity.
If a company breaks the rules, Ofcom can act. Options range from a formal warning to a fine of up to 10% of global revenue.
Meta disputes any failure. The company said it conducted a risk analysis of Instants and spoke with Ofcom on a number of occasions before launch. It said the feature blocks forwarding and includes all safeguards from its teen account settings. Those settings are the default mode for under-18s on Instagram, Facebook and Messenger. A spokesperson said the company will cooperate with Ofcom during the investigation. Ofcom's director of enforcement is George Lusty.
There are other disputes between Ofcom and Meta. Ofcom is already investigating whether Meta breached the law by failing to comply with a request for information related to WhatsApp. Meta is suing Ofcom in the High Court over how it charges tech firms fees to cover its operating costs. Meta is challenging Ofcom placing it in a new category under the Act that brings additional duties. It has joined TikTok and X in a court challenge over the amount of information Ofcom is demanding under the online safety regime. Ofcom lists the new matter on its website as "Ofcom investigates Meta's compliance with UK online safety laws". Ofcom
The broader context here is procedural as much as product specific. The legal test is not whether disappearing images are unlawful in themselves. It is whether Meta's pre-launch review spotted foreseeable ways people could see illegal content or children could gain access, and whether design choices addressed those risks in a proportionate way. Disappearing formats make detection and evidence preservation harder, like footprints that wash away, so preventive controls such as forwarding blocks and default teen settings carry more weight. Regulators usually examine documents, methods and timing. Companies usually point to talks with regulators and layered safeguards.
Looking at what this means for the UK regime, the list of cases matters. A risk-assessment investigation, a WhatsApp information-notice investigation, a fees dispute, a categorisation challenge and a joint pushback on information demands create parallel fronts. Each will clarify a different lever: what counts as enough assessment, what information Ofcom can require and how fast, who pays what cost, and which firms face extra duties. The result in one case could affect bargaining in the others. For now, the immediate question is narrow. Ofcom will decide whether Meta's analysis before launch met the legal standard.
