Meta Faces First Ofcom Probe Under Online Safety Act Over Instagram Instants
Ofcom is investigating whether Meta launched Instagram’s disappearing-photo feature without completing the safety assessments required under UK law.
The UK communications regulator opened a formal investigation into Instagram Instants, a feature introduced in May that lets users send photos and videos through Direct that disappear after viewing.
Ofcom said the investigation will examine whether Meta completed the required illegal-content and children’s risk assessments before launching Instants, as required under sections 9(4) and 11(4) of the Online Safety Act 2023.
Instants lets users take and share photos and videos directly through Instagram Direct, with the content disappearing after it is viewed. The feature is available to selected friends, followers and mutual followers and is designed for quick, ephemeral sharing.
The regulator had previously warned major platforms that they could face enforcement action if they introduced significant changes without first assessing the associated risks
Meta disputes the suggestion that it failed to complete the required safety work.
“We conducted a risk analysis and briefed Ofcom about this feature on a number of occasions before launching it,” a Meta spokesperson said, according to Reuters.
The company said Instants blocks screenshots, reshares and forwarding, has no public feed, and automatically applies Teen Account protections. Meta also said it takes its obligations under the Online Safety Act seriously and will cooperate with the investigation.
Ofcom’s position is that risk checks should happen before a significant product change goes live, rather than becoming a process that follows after problems emerge. That matters for features such as Instants because disappearing content can make material harder to preserve, report or investigate.
“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,” said George Lusty, Ofcom Enforcement Director. The investigation could therefore matter beyond Instagram.
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If Ofcom determines that Meta failed to meet its assessment duties, other platforms may face greater pressure to document how new features were evaluated before release.
What this means for Instagram users
For users, Instants’ existing protections remain important, but the investigation raises a separate question about whether those protections were supported by an adequate assessment before launch.
That matters particularly for younger users. A feature designed around disappearing content can change how people share material and how easily others can capture or act on it. Meta says it has protections in place for teens, while Ofcom is examining whether the risks were properly assessed in the first place.
Users should not treat the investigation as a finding that Instants is unsafe. Ofcom has not reached that conclusion. Instead, the outcome could determine whether Meta met the legal process required before introducing the feature.
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If Ofcom finds a breach, it can order Meta to take steps to comply with the law or address harm caused by the failure. It can also impose a fine of up to £18 million or 10% of qualifying worldwide revenue, whichever is greater.
Meta is already challenging parts of Ofcom’s enforcement approach in court, adding further tension to its relationship with the UK regulator.
The outcome of the Instants investigation could therefore matter beyond Instagram. A finding against Meta would put other platforms on notice that product launches themselves, not just harmful content after the fact, can trigger enforcement under the Online Safety Act.
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