Ireland’s Media Regulator Opens Two Formal Investigations into Meta Over Alleged Dark Patterns
Ireland's media regulator has opened two investigations into Meta over potential dark patterns on Facebook and Instagram.
Ireland's media regulator, Coimisiún na Meán, has launched two separate formal investigations into Meta, the provider of Facebook and Instagram, over potential breaches of the EU Digital Services Act (DSA).
The investigations commenced on 5 May 2026, following reviews by An Coimisiún's Platform Supervision team and an assessment of complaints. They will examine whether Meta has contravened Article 27.3 and Article 25.1 of the DSA. Coimisiún na Meán has also co-operated with the European Commission and other Digital Services Coordinators across the EU on the matter.
The concerns centre on potential "dark patterns", described in the source material as manipulative and deceptive interface designs, which may prevent users from exercising their right to choose a recommender system feed that is not based on profiling. A recommender system feed based on profiling is a list of posts, videos, products, or articles ranked by a system that learns from what a user likes, interacts with, or spends time on.
The first investigation, under Article 27.3, will examine whether users can select and modify their preferred recommender system through Facebook and Instagram's interfaces, and whether the functionality to do so is directly and easily accessible. The second, under Article 25.1, will assess whether those interfaces deceive or manipulate users away from choosing a feed not based on profiling of their personal data.
John Evans, Digital Services Commissioner at Coimisiún na Meán, said: "…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. We want to remind users of Very Large Online Platforms, the household name companies most of us would recognise, that they have a right to choose a recommender system feed that is not based on the profiling of their personal data.
"…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.
"…Where we find evidence of non-compliance by platforms based here, we won't hesitate to act in defence of the public's right to a safer online experience. In addition to today's action, An Coimisiún has opened three other investigations into Very Large Online Platforms in the last six months that are established in Ireland, and we are involved in four other investigations which have been opened by the European Commission."
The investigations will be conducted under Part 8B of the Broadcasting Act 2009, as amended. If a platform is found in violation of the DSA, Coimisiún na Meán can apply a financial sanction of up to 6% of turnover.
For advice and support on understanding your rights online, visit the Guides & Resources section of the Coimisiún na Meán website.