UK regulator Ofcom investigates Meta over Instagram Instants
Ofcom is checking whether Meta skipped required safety risk assessments before launching Instagram Instants. Fines can reach £18 million or 10% of worldwide revenue.
4 min read

By the numbers
- maximum fine: £18 million or 10% of qualifying worldwide revenue, whichever is greater
- £18m or 10%
- date Instants launched on Instagram, per Ofcom
- May 13
- fines Ofcom had issued against six companies by March 2026, per MediaNama
- 16
- High Court hearing on Meta's challenge to Ofcom's fees and fines
- Oct 13-14
Britain's online safety regulator, Ofcom, opened a formal investigation into Meta on October 6, 2026. It wants to know whether Meta skipped required safety checks before launching Instants, a feature inside Instagram. Under the UK's Online Safety Act, a platform must update its risk assessments before any significant change goes live. Ofcom says opening the case does not mean it has found a breach.
What Instants is
Instants launched on Instagram on May 13, 2026, Ofcom's case page says. It sits inside Instagram Direct, the app's messaging area. Users add a caption, then capture a photo or video in the app. It is shared straight away with their friends and followers. The content is ephemeral, meaning it disappears, and Ofcom says it "cannot be captured by screenshots."
Meta points to other limits. Instants also blocks resharing and forwarding, has no public feed and switches on Teen Account protections by default. Meta gave those details to Reuters, as The Next Web reports.
What Ofcom is checking
The case rests on Sections 9(4) and 11(4) of the Online Safety Act 2023. Ofcom will look at two assessments that Meta should have updated before launch:
- Illegal content: the risk of illegal content on Instants
- Children: the risks Instants poses to children
Earlier this year, Ofcom warned the largest platforms that skipping these updates could lead to enforcement, The Next Web reports. "Significant changes to platforms must be risk assessed before they're launched," said George Lusty, Ofcom's director of enforcement.
Meta's response
Meta says it takes its duties under the Act seriously, Reuters reported. The company says it carried out a risk review and briefed Ofcom several times before launch. It has also said it will cooperate with the investigation.
What happens next
Ofcom will gather evidence first. If it finds a likely breach, it will issue a provisional decision. Meta can then respond in full before any final ruling. Ofcom has not given a timeline.
If Meta is found in breach, Ofcom can order it to comply or to fix any harm. Fines can reach £18 million in British pounds, or 10% of qualifying worldwide revenue, whichever is greater.
A wider fight with Ofcom
The case lands in the middle of a court battle. Meta, TikTok and X challenged Ofcom in the High Court from October 5 to 7 over the data the regulator demands, MediaNama reports. Ofcom opened the Instants case a day after that hearing began.
The dispute goes back to information notices Ofcom sent in February. They asked how many posts each platform removed or limited, and how many users saw harmful content. Meta says Ofcom wanted detailed data on seven of its services without explaining why. X called it "the most burdensome information request" any regulator has sent it. Ofcom says it needs the data to check that the law works, and that it has already cut back its demands.
Meta is fighting on two more fronts, MediaNama adds:
- It disputes Ofcom's decision to place Instagram and WhatsApp in Category 1, the strictest tier. Meta argues some duties should not apply to private messaging. Roblox and Quora are also appealing Category 1 decisions.
- It challenges how Ofcom calculates fees and fines. That case is set for October 13 and 14.
Ofcom has used these powers before. By March 2026 it had issued 16 fines against six companies, totaling nearly £4 million, MediaNama reports. Its investigation of X has run since January 2026, and its TikTok case began in July.
Meta faces pressure over young users elsewhere too. In August it settled state addiction claims for up to $17.1 billion, with new limits on teen accounts.
What this means for developers
- Risk-assess before you ship. In the UK, a significant change to a platform needs an updated risk assessment before launch. Build that step into your release process, not after it.
- Write the assessment down. Meta says it briefed Ofcom several times, yet the case still opened. Keep a dated record of what you assessed and when.
- Treat disappearing content as high-risk. Content that is shared instantly and then vanishes draws close scrutiny. Plan safeguards for illegal content and for children at the design stage.
- Know which tier you are in. Category 1 services carry the strictest duties, and Meta is contesting where that line falls. Check where your service sits.
- Watch October 13 and 14. The court hearing on fees and fines could change how much compliance costs large platforms.
Ofcom says it will post updates on its case page as the investigation moves forward.
Sources
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