Meta Faces Irish DSA Probe Over Profiling and Dark Patterns

Coimisiún na Meán has opened two formal investigations into Meta concerning the operation of Instagram and Facebook under the EU Digital Services Act (DSA). The investigations, launched on 5 May 2026, focus on potential breaches of Article 27 and Article 25 of the DSA, which govern recommender systems and the prohibition of deceptive interface design.

The regulator’s concerns arise from reviews and complaints suggesting that Meta may be using so‑called dark patterns that discourage users from choosing a feed not based on profiling. Under Article 27(3) DSA, users must be able to select and change their preferred recommender system in a direct and easily accessible manner, at any time. The investigations will assess whether Facebook and Instagram meet this standard in practice.

In parallel, Coimisiún na Meán will examine whether Meta’s interfaces manipulate users away from exercising this choice, contrary to Article 25(1) DSA. Profiling-based recommender systems rely on automated analysis of user behavior to rank content, raising long-standing concerns about the amplification of harmful material, particularly for children and young people.

As Ireland’s Digital Services Coordinator, Coimisiún na Meán is working closely with the European Commission and other national regulators. If non-compliance is established, Meta could face administrative fines of up to 6% of its global annual turnover. The cases underline the growing regulatory focus on meaningful user choice and lawful design of platform interfaces under the DSA.