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UK regulator Ofcom investigates Meta over Instagram's disappearing-photo feature Instants

Ofcom wants to know whether Meta properly assessed the risks of illegal content and harm to children before launching Instants in May. Meta says it briefed the regulator several times.

By Dan Kost aka Poseidan8 min read
Riverside House on the south bank of the Thames in London, the building that houses Ofcom's offices, seen from the river next to Southwark Bridge
Photo: Jim Linwood / Wikimedia Commons, CC BY 2.0

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A photo that vanishes, and a regulator that wants the paperwork.How we rate

The Squeeze

Ofcom, the UK's online safety regulator, opened an investigation into whether Meta checked the risks of Instagram Instants, its disappearing-photo feature, before launching it in May.

UK law requires platforms to risk-assess big changes, including for children, before release. Meta says it did. The case will test whether Ofcom can hold the biggest platforms to that rule on new features, with fines of up to 10% of global revenue at stake.

What to know

  1. Ofcom opened a formal investigation into whether Meta broke the UK's Online Safety Act when it launched Instagram Instants in May.
  2. The question is whether Meta did a 'suitable and sufficient' illegal content risk assessment and children's risk assessment before launch.
  3. Meta says it ran a risk analysis, briefed Ofcom several times, and built in protections such as blocking screenshots and reshares.
  4. If Meta is found in breach, it could face fines of up to £18 million or 10% of qualifying worldwide revenue, whichever is greater.

The UK's online safety regulator is investigating Meta over Instagram Instants, the disappearing-photo feature it launched in May.

Ofcom said on Tuesday it has opened a formal investigation into whether Meta broke the Online Safety Act by failing to properly assess the risks of Instants before releasing it, Reuters reports.

What is Ofcom looking at?

Paperwork, essentially, but paperwork the law requires.

Under the Online Safety Act, platforms must carry out and update risk assessments. Ofcom's investigation will examine whether Meta failed to carry out "a suitable and sufficient illegal content risk assessment and children's risk assessment before the launch of Instants," the BBC reports.

The rule: "Our online safety laws are clear – significant changes to platforms must be risk assessed before they're launched," said George Lusty, Ofcom's director of enforcement, according to LBC.

"This is a vital step that tech firms must take to protect their users," he said. "You wouldn't launch a new car without testing it properly, and it's the same for online services."

The warning: "Safety by design must be built in, not bolted on, and today's investigation shows we'll take action where we have concerns that providers are failing to comply," Lusty added.

Opening an investigation doesn't mean Ofcom has found that Meta broke the law. Reuters says the formal investigation will establish whether Meta carried out "suitable and sufficient" assessments of the risk of illegal content in the feature and of any risks to children before launch.

What is Instagram Instants?

Instagram launched Instants globally on May 13, after testing it with select users, TechCrunch reported at the time.

How it works: you take a photo with Instagram's in-app camera and send it to close friends or mutual followers. You can add text, but you can't edit the photo or upload one from your gallery. Recipients can view an Instant once, and it stays available for 24 hours.

Where it lives: you open Instants by tapping a small stack of photos in the bottom right corner of the Instagram inbox. Recipients can react with emojis, reply or send an Instant back. Meta was also testing Instants as a standalone app in some countries, including Spain and Italy.

What stays: shared Instants are saved in a private archive the sender can see for up to a year. Users can turn archived Instants into a recap and post it to Instagram Stories.

TechCrunch noted at launch that the feature borrows ideas from Snapchat, Locket and BeReal.

The controls: if you send an Instant by mistake, you can tap "undo," or delete it from your archive to unsend it to anyone who hasn't opened it yet. To stop receiving Instants for a while, you can hold down the pile in your inbox and swipe right. You can also block or mute specific people.

Instants had a rocky start

The launch didn't go smoothly for some users.

The day after launch, TechCrunch reported that many people accidentally sent photos they didn't mean to share. The camera's audience toggle was set to "Friends" by default, and tapping the shutter button sent the photo to everyone on that list right away, unless the user switched to "Close Friends" first.

Meta offered an "undo" button after sending, but it was easy to miss. Some people didn't realize a photo had been sent at all, TechCrunch reported, and many users went looking for ways to turn the feature off.

That episode isn't part of Ofcom's stated case, which is about whether risk assessments were done. But it shows how quickly a new sharing feature can surprise its own users.

What does Meta say?

Meta says it did the work and told Ofcom about it.

"Meta takes its regulatory obligations under the Online Safety Act seriously," a spokesperson said. "We conducted a risk analysis and briefed Ofcom about this feature on a number of occasions before launching it."

"Instants has in-built protections, including blocking screenshots, reshares and forwarding, no public feed, and Teen Account protections on automatically," the spokesperson added. "We will of course co-operate with Ofcom during this investigation."

Why does a disappearing photo feature matter?

Because of who might use it.

Disappearing messages and images have been singled out before as posing particular risks for children and teenagers on some apps, the BBC notes.

Under the UK's rules, platforms must show how they stop children who are allowed on their services from encountering harmful content, the BBC reports. That covers material such as pornography and content promoting self-harm or suicide, as well as abusive, hateful or bullying content.

Instants can be seen by people a user has picked as "close friends," or by people they follow who follow them back, according to the BBC.

What could happen to Meta?

If Ofcom finds Meta broke the law, it will require the company to take steps to comply or to remedy any harm caused, LBC reports.

If Meta then fails to comply, it could be fined up to £18 million or 10% of qualifying worldwide revenue, whichever is greater.

Ofcom has already used these powers. It has issued more than £7 million in fines against 11 providers since October 2025, according to LBC. One was 4chan, fined £520,000, including £450,000 for not protecting children from seeing pornography.

Meta is already fighting Ofcom in court

The investigation lands in the middle of a wider legal battle.

Judicial review: Meta, TikTok and X are challenging Ofcom's enforcement of the Online Safety Act through judicial review, and all three appeared in court this week, the BBC reports. They argue they shouldn't have to provide so much information in response to Ofcom's formal requests.

Fines and scope: Meta has also argued that Ofcom shouldn't be able to base fines on global annual revenue, and that its messaging and image-sharing apps shouldn't face extra requirements such as tackling paid-for fraud ads, according to the BBC. Reuters adds that Meta's legal challenges also cover the level of fees Ofcom charges.

A separate probe: in January, Ofcom opened a different investigation into whether Meta gave complete and accurate information in response to legally binding requests about WhatsApp's role in UK business messaging, The Register reported. That case centers on two statutory notices issued to Meta in July 2024 and June 2025. Ofcom said the information it had received may not have been complete or accurate. Meta told The Register it would cooperate with that investigation too.

What it means for you

  • If you use Instagram in the UK: nothing changes for now. Instants stays available while Ofcom investigates.
  • If you don't want Instants: go to your profile, open settings, scroll to Content Preferences and turn on "Hide Instants in Inbox," TechCrunch reports. That also hides Instants others send you.
  • If you're a parent: Meta says Teen Account protections turn on automatically for Instants, and recipients can't screenshot, reshare or forward them.
  • If you build apps for UK users: Ofcom's message is that big new features need a documented risk assessment before launch, not after.

The bottom line

Ofcom is investigating whether Meta properly assessed the risks of Instagram Instants, especially to children, before launching the disappearing-photo feature in May. Meta says it did and briefed the regulator several times. The outcome will show how strictly the UK will enforce "assess first, launch second" on the biggest platforms, with fines of up to 10% of global revenue possible.

Key facts

Regulator
Ofcom (UK)
Law
Online Safety Act
Feature
Instagram Instants, launched globally May 13, 2026
Question
Were illegal content and children's risk assessments done before launch?
Maximum fine
£18 million or 10% of qualifying worldwide revenue

Got questions?

Quick answers, plain words

What is Ofcom investigating?

Whether Meta breached its Online Safety Act duties by not carrying out 'a suitable and sufficient illegal content risk assessment and children's risk assessment before the launch of Instants', according to the regulator.

What is Instagram Instants?

A feature for sharing disappearing photos with close friends or mutual followers. Photos are taken in the moment with Instagram's camera, can't be edited or uploaded from the gallery, can be viewed once and stay available for 24 hours, TechCrunch reported at launch.

When did Instants launch?

Instagram launched it globally on May 13, 2026, after testing it with select users. Meta was also testing Instants as a standalone app in some countries, including Spain and Italy.

What does Meta say?

A Meta spokesperson said the company takes its Online Safety Act obligations seriously, conducted a risk analysis and briefed Ofcom about the feature on a number of occasions before launch. Meta says it will cooperate with the investigation.

What protections does Instants have?

Meta says Instants blocks screenshots, reshares and forwarding, has no public feed, and turns on Teen Account protections automatically.

Why would disappearing photos worry regulators?

Disappearing messages and images have been singled out before as posing particular risks for children and teenagers on some apps, the BBC notes. The UK's rules require platforms to show how they stop children from seeing harmful content.

What happens if Meta is found in breach?

Ofcom would require Meta to take steps to comply or remedy any harm. If Meta fails to comply, it could be fined up to £18 million or 10% of qualifying worldwide revenue, whichever is greater.

Has Ofcom fined other companies under this law?

Yes. Ofcom has issued more than £7 million in fines against 11 providers since October 2025, LBC reports, including £520,000 against 4chan.

Can I turn off Instants?

Yes. In Instagram's settings, go to Content Preferences and turn on 'Hide Instants in Inbox', TechCrunch reports. You can also pause Instants by holding the pile in your inbox and swiping right.

Is this Meta's only fight with Ofcom?

No. Meta, TikTok and X are challenging parts of Ofcom's enforcement in court, and Ofcom separately opened an investigation in January into whether Meta gave complete and accurate information about WhatsApp in a business messaging review.

SourcesLBC
Topics and tagsMeta, AI safety, AI policy, meta

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