Britain’s communications regulator Ofcom has opened its first formal investigation into Meta under the UK Online Safety Act, focusing on whether the company properly assessed safety risks before launching Instagram’s disappearing-content feature called Instants.
Ofcom announced the investigation on October 6, 2026, saying it will examine whether Meta carried out “suitable and sufficient” assessments of illegal-content risks and risks to children before the feature was introduced in May.
The regulator has not concluded that Meta broke the law. Opening an investigation means Ofcom believes there is enough concern to examine whether the company complied with its statutory duties.
Investigation Focuses on Instagram Instants
Meta launched Instants on Instagram on May 13, 2026.
The feature allows users to share photos and videos captured within the Instagram app, with content disappearing after it has been viewed. Ofcom says the ephemeral nature of the feature and the way it changes how people share content warranted a fresh safety assessment before launch.
Under the Online Safety Act, platforms must reassess risks when making a significant change to the design or operation of a regulated service.
Ofcom is specifically investigating whether Meta met those obligations before introducing Instants.
Two Parts of the Online Safety Act Are at Issue
Ofcom said its investigation concerns duties under Sections 9(4) and 11(4) of the Online Safety Act 2023.
Section 9 requires regulated user-to-user services to conduct suitable and sufficient assessments of the risk that users may encounter illegal content.
Section 11 applies additional obligations to services likely to be accessed by children, requiring companies to assess risks of harmful content affecting younger users.
Both sections require further assessments when a company makes a significant change to its service.
The central question is therefore not simply whether Instagram has safety controls, but whether Meta adequately evaluated how Instants itself might change the risks.
Ofcom Says Safety Must Be Built Into New Features
Ofcom has emphasized what it calls a “safety by design” approach.
The regulator argues that companies should identify potential risks before a major feature is released rather than introducing protections only after problems emerge.
Ofcom said risk assessments are fundamental because companies cannot effectively protect users, particularly children, without first understanding how new functionality might expose them to harm.
George Lusty, Ofcom’s director of enforcement, said significant changes to online platforms must be risk-assessed before launch.
Meta Says It Conducted the Required Analysis
Meta disputes the suggestion that it failed to assess Instants properly.
A company spokesperson told Reuters that Meta conducted a risk analysis and briefed Ofcom on the feature on multiple occasions before it was released.
Meta also pointed to protections built into Instants.
According to the company, users cannot take screenshots, reshare or forward Instants content, there is no public Instants feed, and Teen Account protections are switched on automatically.
Meta said it will cooperate with Ofcom’s investigation.
The existence of those protections does not resolve the regulatory question, because Ofcom is examining whether Meta’s pre-launch assessments themselves met the legal standard.
Ofcom Has Not Found a Breach
Ofcom explicitly stated that opening the investigation does not mean it has reached a conclusion that Meta violated the Online Safety Act.
The regulator will gather and analyze evidence before deciding whether there are reasonable grounds to find non-compliance.
Possible outcomes could include closing the investigation without action, requiring remedial steps or, if a breach is established, imposing enforcement measures.
Meta Could Face Large Fines if a Breach Is Found
The Online Safety Act gives Ofcom substantial enforcement powers.
If a company is found to have failed to comply with its obligations, the regulator can impose penalties of up to £18 million or 10% of qualifying worldwide revenue, whichever is greater.
For a company the size of Meta, the 10% revenue provision means potential penalties could be far larger than the £18 million fixed maximum.
Those penalties are possible enforcement tools, not an indication that Meta will necessarily be fined.
This Is Ofcom’s First Online Safety Act Probe Into Meta
The October investigation is the first time Ofcom has formally investigated Meta under the Online Safety Act.
It is not, however, Ofcom’s first Online Safety Act investigation overall.
The regulator previously opened cases involving a suicide-discussion forum, pornography websites, file-sharing services associated with child sexual abuse material and platforms including 4chan.
That distinction matters because the new case represents an escalation in scrutiny of one of the world’s largest social-media companies rather than the beginning of Ofcom’s wider enforcement program.
Meta Was Already Under Separate Ofcom Scrutiny
Meta has faced other regulatory action from Ofcom outside this specific Online Safety Act case.
Reuters reported that Ofcom opened a separate investigation in January concerning information supplied about WhatsApp Business under the Communications Act.
That case is legally distinct from the Instants investigation.
The new investigation is therefore specifically significant because it uses Ofcom’s newer powers under the Online Safety Act.
Meta Is Also Challenging Parts of Ofcom’s Regulatory Approach
The investigation comes as Meta is engaged in separate legal disputes with Ofcom over implementation of the Online Safety Act.
Meta, TikTok and X have challenged the scale and scope of information Ofcom requires them to provide about content moderation and user exposure to harmful material.
Meta has also challenged aspects of the fees imposed under the regulatory framework.
The company argues that some of Ofcom’s information demands are overly broad, while Ofcom maintains that the data is needed to determine whether platforms are complying with the law.
Those legal challenges are separate from the investigation into Instagram Instants.
What the UK Online Safety Act Requires
The Online Safety Act created a new regulatory framework for internet services operating in the United Kingdom.
It covers major social-media platforms, search services and other online services that allow user-generated content.
Companies must assess risks relating to illegal material and implement systems designed to reduce those risks.
Services likely to be accessed by children face additional obligations aimed at reducing exposure to harmful content.
Ofcom is responsible for enforcing those requirements.
Children’s Safety Is Central to the Investigation
The Instants investigation is partly focused on whether Meta adequately considered how disappearing content could affect younger users.
Ephemeral content can create distinct moderation challenges because material may disappear after viewing rather than remaining permanently visible on a platform.
Ofcom has not said that Instants itself is inherently unsafe.
Instead, the regulator is examining whether Meta properly assessed risks associated with the feature and whether the assessment met the standard required by law.
Investigation Could Test How Far the New Law Reaches
The case could become an important early test of how Ofcom interprets the requirement that technology companies reassess safety risks whenever they make major product changes.
If the regulator takes a strict approach, large platforms may need to document more extensive risk assessments before launching new messaging, recommendation or content-sharing features in the UK.
That could make safety reviews a more formal part of product development for major technology companies.
The outcome of the Meta investigation will therefore be watched beyond Instagram itself.
Conclusion
Ofcom has opened its first formal Online Safety Act investigation into Meta, examining whether the company properly assessed illegal-content and child-safety risks before launching Instagram Instants in May 2026.
Meta says it conducted a risk analysis, informed Ofcom before launch and built safeguards into the feature, including screenshot blocking and automatic Teen Account protections.
Ofcom has not concluded that Meta breached the law.
If the regulator ultimately finds non-compliance, however, it has the power to impose fines of up to £18 million or 10% of qualifying worldwide revenue, whichever is greater.
The case is significant because it moves the UK’s online-safety regime into direct enforcement scrutiny of one of the world’s largest social-media companies and could help define how rigorously major platforms must assess new features before releasing them.
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