Child Helpline International is closely following the landmark proceedings brought by 29 US states against Meta, concerning allegations that Facebook and Instagram have used design features that encourage compulsive and excessive use among children and young people. The case forms part of growing scrutiny worldwide of the impact that engagement-driven digital design can have on children’s wellbeing.
These concerns are not confined to the United States. In Europe, the European Commission has preliminarily found that the addictive design of Facebook and Instagram may breach obligations under the Digital Services Act, highlighting features including infinite scroll, autoplay, push notifications and highly personalized recommender systems. Similar preliminary findings concerning TikTok were announced earlier this year.
For Child Helpline International, these developments point to a wider issue. Testimony in the US proceedings alleges that concerns about harms to children were repeatedly raised within Meta itself, including with senior executives, without sufficient action being taken. Protecting children online cannot depend upon regulators identifying and pursuing harmful practices one platform at a time, often through investigations and legal proceedings that can take years to conclude. During that time, millions of children continue to encounter digital environments designed to maximize attention and engagement.
The forthcoming EU Digital Fairness Act provides an important opportunity to change that approach. The European Commission has identified manipulative interface design, addictive features and unfair personalization among the practices requiring further action, while recognizing the need for effective, horizontal consumer protection in the digital environment.
CHI therefore calls for clear and consistent obligations for age-appropriate design across digital services and platforms accessible to children. Such safeguards should apply horizontally across the sector rather than depending upon action against individual companies after harm has occurred.
Children should not be expected to possess the knowledge, maturity or self-control required to resist digital environments deliberately optimized to capture and retain attention. Nor should responsibility rest solely with parents and caregivers. The services children use must be designed with their rights, safety and wellbeing in mind from the outset.
As policymakers develop the Digital Fairness Act, Europe has an opportunity to move from reacting to individual harmful practices towards establishing a common standard:
If a digital service is accessible to children, protecting children must be part of its design.
Helen Mason
Executive Director
