Ireland investigates Meta for breaching the DSA – a year on from our complaint

An important step forward

In a press release dated 5 May 2026, Coimisiún na Meán (CnaM) said it will investigate “potential ‘dark patterns’, or manipulative and deceptive interface designs, which may prevent people from exercising their right to choose a recommender system feed which is not based on profiling,” after an “an assessment of complaints.”

That would be us. Over 13 months ago, in April of 2025, Bits of Freedom, EDRi, GFF and Convocation Research + Design filed a joint complaint against Meta with CnaM, representing an Irish Facebook and Instagram user. CnaM is responsible for enforcing the DSA for online platforms established in the country, including Facebook, Instagram, Youtube, Google X, and many others. Since then, civil society organisations have consistently documented and raised concerns about Meta’s implementation of the DSA’s recommender system requirements, we are glad to see regulators finally taking this seriously.

In a landmark ruling last year, our arguments were even confirmed by a Dutch court. While CnaM was still assessing the case, Bits of Freedom brought proceedings against Meta in the Netherlands for breaching the DSA. The Dutch justice system ruled against Meta both in first instance and in the Court of Appeal, which—in March 2026—confirmed that Meta’s “continuing unlawful conduct [is …] in violation of the DSA.” The court ordered Facebook and Instagram to change their apps to remove deceptive interface design and make sure people using their services can easily access and choose a recommender option that is not based on profiling.

Importantly, however, the Dutch court has jurisdiction just in the Netherlands and, no surprise, Meta decided to roll out changes only for Facebook and Instagram users in the Netherlands, leaving the rest of the EU with non-compliant apps that undermine their digital freedom and autonomy.

That is why the Irish investigation is so crucial. Under the DSA, it is primarily the responsibility of the national Digital Service Coordinators – and of the European Commission for Very Large Platforms (VLOPs) – to ensure coherent enforcement of the law across the whole European Union. Unlike national court rulings, which can provide remedies within a single jurisdiction, DSA enforcement actions taken by authorities like CnaM can force EU-wide compliance and catalyse structural changes with the potential to positively affect millions of users across the EU.

With this formal investigation, CnaM has the historic opportunity to ensure that the rights guaranteed under the DSA are enforced for all. Their future decision has the potential to finally build on the analysis provided in our original complaint, along with the court ruling in the Netherlands, to conclude its findings and force Meta to respect people’s rights under the DSA in all of the EU. This would be a huge leap forward for digital rights and justice across Europe, giving people the genuine choice to see the content they want to see, rather than what Meta wants them to.

Whilst CnaM’s announcement is very welcome news, this experience also highlights where DSA enforcement must be strengthened and where we would have appreciated more direct engagement from CnaM. Throughout the process, the communication we received as complainants was limited and rather restricted, despite the significant public interest at stake and the power and information imbalance between us and Meta. Civil society organisations and independent researchers have invested significant resources and expertise in identifying systemic harms and in supporting enforcement efforts, and for the benefit of the DSA ecosystem, it is vital that such work is recognised as playing an essential watchdog role.

Strong enforcement depends not only on decisive action from regulators, but also on meaningful engagement of those helping to surface violations in the first place. Without complaints, evidence-gathering, strategic litigation and public-interest advocacy, many issues affecting people will remain unaddressed.

The Irish Digital Services Coordinator arguably is the most powerful and important enforcement agency under the DSA besides the European Commission. If CnaM and the European Commission want DSA enforcement to succeed and to hold Big Tech platforms accountable, they must ensure that investigations are pursued quickly, collaboratively, and transparently. That is ultimately in the interest of regulators, users and the credibility of the EU’s digital rulebook.

This investigation is an important step towards a decision that would set precedent across Europe and show that the EU’s platform rulebook has teeth; we are eagerly awaiting the CnaM’s decision.

Joint statement by: Bits of Freedom, EDRi, GFF and Convocation Research + Design