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Irish regulators are investigating whether Meta is using 'dark patterns' to steer people away from non-algorithmic feeds

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Why This Matters

Irish regulators are investigating Meta for potentially using dark patterns to limit user access to non-algorithmic feeds, raising concerns about compliance with the European Digital Services Act. This scrutiny highlights the ongoing efforts to ensure transparency and user rights in digital platforms, which could lead to significant penalties for Meta if violations are confirmed. The case underscores the importance of regulatory oversight in shaping responsible tech practices and protecting consumers from manipulative design.

Key Takeaways

Irish regulators have opened two investigations into Meta over whether the company is sufficiently complying with a European law requiring platforms to offer users alternatives to targeted algorithmic feeds. Coimisiún na Meán, Ireland's internet watchdog, said Tuesday that it was responding to complaints the company was using "dark patterns" to prevent people from accessing alternative feeds on Facebook and Instagram.

Under the Digital Services Act (DSA) that went into effect in Europe in 2023, large platforms like Meta's are required to offer users alternatives to targeted feeds that rely on "profiling." The company added chronological options for Stories and Reels in the EU in response. But according to Coimisiún na Meán, Meta may not be making such options "easily accessible" and may be intentionally steering users away from these choices (also known as a dark pattern.)

"Coimisiún na Meán recognises the concerns that many people have about recommender systems, and the potential harm that these algorithms can potentially cause by repeatedly pushing harmful content into the feeds of users, especially children and young people," the regulator said in a statement. "Our message is clear: it is unacceptable for platforms to prevent people from using their rights under the law, or to try to manipulate people away from making empowered choices about whether or not recommender system feeds control what they see online."

If Meta is found to be on the wrong side of DSA, it could incur a substantial fine. The law allows for penalties up to 6 percent of a company's global revenue.

"We disagree with any suggestion that we have breached the DSA," a Meta spokesperson said in a statement to Engadget. "We have introduced substantial changes to our processes and systems to meet our regulatory obligations, and will engage with Coimisiún na Meán to share details of this work."