Meta Under Investigation for Marketing Strategy Targeting Gen Alpha

d. Users under age 13 are an “intended audience” of Instagram.

771. Under 16 C.F.R. § 312.2, “evidence regarding the intended audience” of an online service is relevant to determining whether an online service, or a portion thereof, is directed to children. A platform is “directed to children” if it targets children as “one of its audiences—even if children are not the primary audience.”[38]

772-777. [Redacted]

778. [Redacted] Gen Alpha is the generation with birth years beginning in the 2010s (in 2020, this would have included children aged 10 and under).

779-786. [Redacted]

787. At times, Meta even publicly acknowledges that focusing on Instagram users under age 13 is a part of its business strategy.

788. For example, in September 2018, Meta released a “guide” for parents, urging them to allow their children to join Instagram, lest the children risk “social marginalization.” Commentators noted that the guide suggested that children under the age of 13 already use Instagram

789-791. [Redacted]

792. Despite its widespread efforts to secure the market of users under the age of 13, externally, Meta denies that it designs Instagram to appeal to children; for example, Davis testified to Congress on September 30, 2021 that Meta’s Platforms are not designed for children 12 and under.

793. Meta’s communications expressing its intent to reach under-13 users are one way that it reveals itself to be “directed to children.”

[38] July 2020 COPPA Guidance, supra note 35.