Media regulator Coimisiún na Meán has opened investigations into Meta relating to the recommender systems that promote content on Facebook and Instagram.
The investigations will assess if Meta has breached the EU Digital Services Act (DSA) amid concerns over the ability of users to easily access a recommender system feed which is not based on profiling.
Coimisiún na Meán said there are also concerns that there may be so-called "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.
A recommender system feed based on profiling is a list of posts, videos, products, or articles a person sees that has been chosen and ranked for the user by a system that learns from what they like, interact with, or spend time on.
Profiling is the use of automated systems to personalise content or ads based on patterns in a person's data or behaviour.
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The investigations will examine if users can select and modify their preferred recommender system, and if this can be done in a direct and easily accessible way, which is a requirement of the DSA.
The inquiries will also assess if the Facebook and Instagram online interfaces deceive or manipulate users away from choosing a recommender system feed that is not based on profiling of their personal data.
If Meta is found to be in violation of the DSA, it could be hit with a fine of up to 6% of turnover.
"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," said John Evans, Digital Services Commissioner at Coimisiún na Meán.
"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.
"Furthermore, 'Very Large Online Platforms' have an obligation to ensure that users can opt for this alternative feed at any time and that it is easily accessible.
"Platforms also have a duty to ensure that they do not design or operate their interface in such a way as to manipulate users away from exercising their rights," Mr Evans added.
Meta announced a non-profiling option on Facebook and Instagram in 2023, in response to the DSA.
In a statement, the company said it disagrees with any suggestion that it has breached the DSA.
"We have introduced substantial changes to our processes and systems to meet our regulatory obligations, and will engage with Coimisiún na Meán to share details of this work," a Meta spokesperson said.
Chair of the Oireachtas Media Committee Alan Kelly said he very much welcomed the decision of Coimisiún na Meán to open the investigations.
"During our recent committee hearings on online safety one of the most important issues that came up was how algorithms were being used to feed users unwanted, dangerous, inappropriate and potentially toxic content," Mr Kelly said.
"The idea that you could easily turn these recommender systems off simply didn't wash with the committee," he added.
Coimisiún na Meán has opened three other investigations into platforms in the last six months that are established in Ireland, and it is involved in four other investigations which have been opened by the European Commission.
Current joint investigations with the European Commission include inquiries into TikTok, X and online retailer Shein.
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