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Freedom251 › Blog › Instagram Instants

Ofcom Investigates Meta Over Instagram Instants Safety Assessments

By Freedom251 Team · · 3 min read

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Ofcom has opened an investigation into whether Meta completed required safety risk assessments before launching Instagram Instants in the UK. The investigation is now at the evidence-gathering stage: Ofcom has not found that Meta broke the law, and it has announced no penalty.

What is Instagram Instants?

Ofcom says Meta launched Instants on Instagram on 13 May 2026. The feature is available through Instagram Direct and lets users share photos and videos captured directly in the app. Users can add a caption before taking the image or video; the content is then automatically broadcast. Ofcom describes Instants content as ephemeral and not capturable by screenshots. Ofcom’s case record sets out the feature’s characteristics.

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Why is Ofcom investigating Meta?

The investigation concerns whether Meta carried out suitable and sufficient further risk assessments for illegal content and children before making a significant change to Instagram’s design or operation. Ofcom is examining duties under sections 9(4) and 11(4) of the Online Safety Act 2023. Its stated question is whether there are reasonable grounds to believe Meta failed to comply with those duties—not whether Instants has been found to cause harm.

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Ofcom says section 9 requires regulated user-to-user services to assess illegal-content risks. Section 11 requires a children’s risk assessment for services likely to be accessed by children. Both provisions require a further assessment before a significant service change is made, so that risks can inform measures to assess and mitigate them. The regulator’s investigation notice describes the duties and the scope of its inquiry.

Did Meta assess risks before Instants launched?

Meta’s reported position is that it conducted a risk analysis of Instants and spoke with Ofcom several times before launch. The company has also said it will cooperate with the investigation. These are statements attributed to Meta in The Guardian’s 6 October 2026 report; they are not findings by Ofcom or an independent technical audit.

The Guardian also reported Meta’s claims that Instants blocks forwarding and has safeguards under teen-account settings. Those claims should likewise be distinguished from Ofcom’s findings: the investigation is intended to establish whether the required assessments were completed, not to certify the feature’s safeguards.

What happens next?

  1. Evidence gathering and analysis: Ofcom says this is the first step in determining whether a breach occurred.
  2. Provisional decision, if warranted: If the evidence leads Ofcom to consider that Meta failed to comply, it will issue a provisional decision to the company.
  3. Meta’s response: Meta will have an opportunity to respond before Ofcom reaches a final decision.
  4. Final decision: Ofcom says it will publish updates as the investigation progresses. The sources available do not establish a timetable for a final decision.

Ofcom’s case record explains this process. Opening an investigation is not itself a conclusion that a breach took place.

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What could happen if Ofcom finds a breach?

If Ofcom concludes that Meta broke the law, it can require specific steps to achieve compliance and/or remedy harm caused by the breach. It can also impose a fine of up to £18 million or 10% of qualifying worldwide revenue, whichever is greater. That is the regulator’s stated maximum enforcement power, not a fine already imposed. Ofcom’s announcement sets out the possible consequences.

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What is established—and what is not

  • Established: Ofcom opened a formal investigation on 6 October 2026 into Meta’s compliance with the specified Online Safety Act assessment duties relating to Instants.
  • Not established: Whether Meta failed to carry out suitable and sufficient assessments, whether a breach occurred, or whether Ofcom will impose a sanction.
  • Not measured in the cited material: A rate of harm, the number of children affected, or a definitive finding about Instants’ safety.

Ofcom’s Director of Enforcement, George Lusty, said: “Our online safety laws are clear – significant changes to platforms must be risk assessed before they’re launched.” The investigation will determine whether Meta met that requirement for Instants.

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Instagram InstantsMetaOfcomOnline Safety ActUK online safety

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