UK Regulator Ofcom Launches Investigation Into Meta's Instagram Instants Over Online Safety Compliance

Britain's communications regulator has opened a formal investigation into whether Meta failed to meet its legal obligations under the UK's online safety regime when it rolled out a new disappearing-photo tool on Instagram earlier this year. Ofcom announced the probe into the "Instants" feature, examining whether the social media giant carried out the proper risk assessments before making the tool available to users.

The feature, which lets people capture and send a spontaneous image to a select group of close friends that vanishes after it has been viewed, was introduced on the photo-sharing platform in May. Meta marketed it as a way to bring back the in-the-moment sharing that once defined the app. But the regulator contends that the company may not have properly evaluated the dangers the tool could pose before launch, a step that is mandatory under the UK's Online Safety Act.

Under the sweeping legislation, major platforms such as Meta are required to conduct and regularly refresh risk assessments so they can comply with a series of duties, including tackling illegal content and protecting younger users. Companies must also demonstrate how they stop children who are permitted on their services from coming across material classified as harmful, such as content related to pornography or the promotion of self-harm and suicide, which the law labels "priority primary content." Abusive, hateful and bullying material also falls within the scope of the rules.

Ofcom said its investigation will focus specifically on whether Meta breached its duties by failing to complete what it described as a suitable and sufficient illegal content risk assessment and children's risk assessment before Instants was released. The regulator's enforcement director, George Lusty, stressed that the law is unambiguous when it comes to significant changes to online platforms.

"Our online safety laws are clear – significant changes to platforms must be risk assessed before they're launched," Lusty said. He described the assessment process as an essential safeguard that technology companies are obliged to undertake to protect their users, drawing a comparison with another industry to make the point. "You wouldn't launch a new car without testing it properly, and it's the same for online services," he added.

Lusty also emphasised that safety cannot simply be added after the fact. "Safety by design must be built in, not bolted on, and today's investigation shows we'll take action where we have concerns that providers are failing to comply," he said. His remarks signal that the regulator intends to hold firms accountable when it believes they have prioritised speed of rollout over user protection.

Meta has pushed back, insisting that it followed the correct procedures. A company spokesperson said the business "takes its regulatory obligations under the Online Safety Act seriously." The spokesperson added that Meta carried out a risk analysis and briefed Ofcom about the feature on several occasions before releasing it, and confirmed the company would cooperate with the investigation.

The Instants tool allows images to be viewed by people a user has designated as "close friends," or by accounts that follow the user and are followed back. According to Meta, the feature ships with a range of built-in protections, particularly for younger users on Teen Accounts. These safeguards include measures designed to block screenshots, reshares and forwarding of Instants, limiting how far a shared image can travel beyond its intended audience.

Even so, disappearing messages and images have previously drawn scrutiny from regulators and child safety advocates, who warn that they can pose particular risks for children and teenagers using certain apps. The ephemeral nature of such content can make it harder for parents, platforms and authorities to detect harmful interactions or preserve evidence if something goes wrong.

The decision to investigate Meta comes amid a broader confrontation between the regulator and some of the world's largest technology firms. Meta, TikTok and X are all seeking to challenge Ofcom's enforcement of the Online Safety Act through judicial review. All three companies appeared in court this week, arguing that they should not be required to hand over so much information in response to Ofcom's formal requests for data.

Meta has separately argued that Ofcom should not be able to impose fines for breaches calculated on the basis of its global annual revenue, a position that could significantly reduce the financial consequences of any enforcement action. The company also contends that its messaging and image-sharing apps should not be subject to additional requirements under the Act, such as obligations to tackle paid-for fraud advertisements.

The outcome of Ofcom's investigation into Instants could set an important precedent for how the regulator treats new features added to established platforms. If the regulator concludes that Meta fell short of its assessment duties, it could escalate the matter toward penalties, adding further tension to an already strained relationship between the company and UK authorities. For now, the probe remains at an investigative stage, and Meta has said it will work with Ofcom as the process unfolds.

The case also highlights the growing pressure on platforms to treat compliance as an ongoing responsibility rather than a one-off exercise. As features evolve and new tools reach millions of users within days, regulators are increasingly focused on whether companies pause to evaluate risk before, rather than after, release. Ofcom's action suggests it is prepared to test that principle in court and in enforcement, making the Instants investigation a closely watched test of the UK's online safety framework.