The Competition and Market Authority (AGCM), based in Italy, has opened an investigation into Meta regarding the way it has implemented the Meta AI artificial intelligence service in its WhatsApp application. This authority claims that the company has taken advantage of its dominant position by including this option in its applications without asking users and committing an abuse of its dominant position. They believe that the company could be violating Article 102 of the Treaty on the Functioning of the European Union (TFEU).
According to the AGCM, incorporating Meta AI into WhatsApp ‘forces’ users to use that artificial intelligence and not another, which would violate digital regulation in Europe. For its part, Meta has stated that it is not engaging in any abusive practices, only consolidating its tools into a single application. It claims that the privacy policy remains in place and that if a user has accounts on WhatsApp, Facebook, and Instagram, Meta will not link those accounts. The company says it is cooperating with the AGCM in all necessary matters, and it will be up to them to determine whether Meta is guilty or not. If found guilty, it could be forced to pay 10% of its global annual revenue.
Meta AI and WhatsApp
Have you noticed that now, in the bottom right corner of your WhatsApp messaging app, there is a blue circle that cannot be removed? It is a shortcut to Meta’s artificial intelligence, Meta AI. You can also find this feature in the app’s search bar, making it hard not to use it. It’s a chatbot that answers all your questions and needs, just like any other artificial intelligence you can find on Google. However, Meta AI is being questioned by the Italian authorities, who believe that its addition to the WhatsApp app was not done following the necessary criteria.
Meta is being investigated by the Italian authorities
The Guarantee Authority for Competition and the Market (AGCM) is investigating the company Meta for allegedly committing an offense of violating Article 102 of the Treaty on the Functioning of the European Union (TFEU). Why? Authorities claim that the company introduced the artificial intelligence tool without consulting users, permanently placing it on the main screen, and making abusive use of its market position.
The AGCM stated, “By combining Meta AI with WhatsApp, Meta appears capable of channeling its customer base into the emerging market, not through merit-based competition, but by ‘imposing’ the availability of the two distinct services on users, potentially harming competitors”. In other words, it is considered that Meta has had an advantage by introducing its own AI tool in one of the most used messaging applications, reducing the possibility that the user will make use of the other options available on the market.
What does Meta say about it?
The media outlet The Register reports on Meta’s statements, in which they explain “Offering free access to our AI features on WhatsApp gives millions of Italians the option to use AI in a place they already know, trust, and understand.” They also clarified, “We are fully cooperating with the Italian competition authority.” In its defense, Meta claims that the Meta AI feature is not always active, but rather serves as an optional tool that does not function if the user does not interact with it.
Legal solution
In addition to what has been explained, Meta also claims that the privacy policies of its applications are being respected at all times. If a user has an account on WhatsApp, Facebook, and Instagram, Meta AI will not associate these accounts, so the user’s identity will always be preserved. It will be the AGCM that will have to determine the company’s guilt in the face of the accusation from the TFEU. If found guilty, it will have to pay 10% of its global annual profits.