Ofcom has opened a formal investigation into whether Meta complied with UK online safety laws when it introduced the "Instants" feature on Instagram, which allows users to share disappearing images with close friends.
The feature, rolled out in May 2026, lets users capture and share instant photos that vanish once viewed by recipients. However, Ofcom alleges that Meta failed to conduct proper risk assessments before launching the tool—a requirement under the Online Safety Act (OSA).
A Meta spokesperson responded to the investigation by stating:
"We take its regulatory obligations under the Online Safety Act seriously. We conducted a risk analysis and briefed Ofcom about this feature on a number of occasions before launching it. We will of course co-operate with Ofcom during this investigation."
Ofcom's enforcement director George Lusty said:
"Our online safety laws are clear – significant changes to platforms must be risk assessed before they're launched. This is a vital step that tech firms must take to protect their users. You wouldn't launch a new car without testing it properly, and it's the same for online services."
What is Instagram Instants?
Instagram Instants allows users to share instant images with people they have designated as "close friends" or those they follow and are followed back by. The feature includes built-in protections for younger users with Teen Accounts, such as preventing screenshots, reshares, and forwarding.
According to reporting on the feature, images saved through Instants remain in a user's archive for up to a year despite disappearing for viewers, and Meta also developed a companion app for quicker camera access.
The tool resembles similar features offered by platforms including Snapchat and WhatsApp, which enable users to send photos that disappear once viewed. However, disappearing messages and images have drawn particular scrutiny from regulators concerned about risks to child and teen users.
What are Ofcom's concerns?
Ofcom's investigation will examine whether Meta breached its duties under the OSA by failing to conduct "a suitable and sufficient illegal content risk assessment and children's risk assessment before the launch of Instants."
Under UK online safety rules, platforms must carry out and regularly update risk assessments to comply with obligations to address illegal content. They must also demonstrate how they prevent children permitted to use their services from encountering harmful material, including content relating to pornography, self-harm, and suicide, as well as abusive, hateful, or bullying content.
Lusty added:
"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."
What is the broader regulatory context?
This investigation arrives as Meta, TikTok, and X are simultaneously challenging Ofcom's enforcement of the OSA through judicial review. All three companies appeared in court this week, arguing they should not be required to provide extensive information in response to Ofcom's formal requests.
Meta has separately contended that Ofcom should not be permitted to levy fines for breaches based on its global annual revenue. The company also disputes that its messaging and image-sharing apps should face additional requirements under the OSA, such as tackling paid-for fraud advertisements.
According to legal reporting on the dispute, Meta, Instagram, and WhatsApp are challenging Ofcom's Category 1 service designations, which impose additional duties under the Online Safety Act.
What happened before this investigation?
In March 2026, Ofcom issued legally binding information requests to Instagram and other platforms regarding their child-protection measures, and subsequently published Instagram's response in May. The current investigation into Instants follows this earlier scrutiny of the platform's safety practices.
Key Facts
- Ofcom opened the investigation on 6 October 2026, alleging Meta did not assess risks before launching Instants in May
- The feature allows disappearing image sharing with close friends and includes protections for Teen Account users
- Meta disputes the allegations and says it briefed Ofcom multiple times before launch
- The investigation is one of several enforcement actions Ofcom is pursuing against major tech platforms under the Online Safety Act
- Meta is simultaneously challenging Ofcom's authority to enforce certain OSA requirements through judicial review
