The UK’s online speech regulator, Ofcom, has opened its first investigation into Meta, to determine if the tech giant had broken rules of the Online Safety Act before it launched a new feature on Instagram.
The feature is called “Instants” – and it allows users to post photos and videos that disappear after 24 hours.
Meta is under investigation for not “adequately” assessing the “risks” of this type of content before launching it.
“You also can’t edit your instants before sharing, so you can share authentic moments as they’re happening,” is how Meta advertised the new feature.
The investigation is in its initial stages, and Ofcom said that opening it “does not mean that Ofcom has reached any conclusion.”
Meta, meanwhile, said it had briefed the regulator about the new feature “on a number of occasions” before launching it on May 13.
Ofcom’s Director of Enforcement George Lusty equated launching an online service to launching a car, saying, “You wouldn’t launch a new car without testing it properly, and it’s the same for online services.”
And, “Safety by design must be built in, not bolted on,” he added.
Lusty made the statements as Ofcom announced the investigation, and reminded everyone that the new law allows it to impose fines of “£18 million or 10% of qualifying worldwide revenue, whichever is greater.”
But it’s hard to escape the feeling that the regulator is overstepping here (again) – treating a disappearing photo as if it was a car that needs to be crash-tested before it can be allowed on the market.
And if Ofcom’s statements are to be taken at face value, this is essentially what the regulator is saying: that it must be given the power to approve any new online service or feature before it is launched.
And the “safety” of Instagram users that Ofcom is concerned about here has to do with abusive content, including bullying, dangerous stunts and challenges, and material around depression, as well as other types of content that may have a negative impact on children’s well-being.
And then there’s “illegal content” – which includes “priority offences” such as harassment, and foreign interference.
The latter is defined as presenting information in a way that “amounts to a misrepresentation, even if some or all of the information is true” – if it’s done by a foreign power and has an “interference effect.”
Meta is not the only company Ofcom has gone after since the Online Safety Act came into force. The regulator has also opened an investigation into Telegram.
In the past, we reported that Meta took Ofcom to court – but not over the censorship powers the Online Safety Act gives the regulator, but over how the fees and fines are calculated.
We also reported that Apple’s iMessage and Meta’s Messenger are on Ofcom’s list of “emerging Category 1 services” – and that the regulator sent 197 information demands to American tech companies, bypassing the US-UK Mutual Legal Assistance Treaty.
And while Ofcom says it has not reached any conclusions, its actions tell a different story.
