South Korea's Broadcast and Media Communications Commission has launched a fact-finding probe into Meta Platforms over a mass Instagram account suspension incident that affected local users last year, but questions are being raised about how effective any regulation will be. The regulator has not enforced for 2 years a 68 billion won penalty it imposed on Google and Apple, and victims would need individual civil lawsuits for damages, limiting user protection.

According to related authorities on Tuesday, the commission has begun a police-style fact-finding probe into Meta Platforms, alleging it suspended many user accounts without legitimate reasons.

The probe stems from last year's so-called "account suspension chaos" that affected many users in South Korea. At the time, Meta simultaneously blocked accounts that posted sexual abuse and obscene videos involving children and teenagers under strengthened youth protection policies introduced from 2024. In the process, many accounts unrelated to policy violations were confirmed to have been permanently suspended.

At the time, about 2,500 domestic victims gathered in a KakaoTalk open chat room. Many signed up for the paid user authentication service Meta Verified (blue badge) to seek account restoration support, but were found to have received only mechanical responses instead of the "quick and enhanced support" stated in the terms and conditions.

Under Annex 4 of the Enforcement Decree of Article 50 of the Telecommunications Business Act, it is a prohibited act for a telecommunications business operator to "restrict or suspend subscription to or use of telecommunications services without just cause". If violated, the competent ministry can impose penalties and issue corrective orders. The penalty cap is 3 percent of average annual sales for the previous 3 business years.

Because fact-finding probes are typically conducted when there is strong suspicion of a legal violation, the probe is likely to lead to corrective orders or penalties against Meta. The commission previously carried out an on-site inspection into related complaints and decided to open the probe after identifying signs of legal violations in materials submitted by Meta.

A commission official said it was presumed that mass account suspensions in May to June 2025 occurred as a side effect of changes to Instagram's algorithm after the incident, including Meta's appearance at a U.S. congressional hearing in January 2024 over child and youth protection issues. The official added the commission would take strict action, including penalties and corrective orders, depending on the results of the probe.

The problem is practical enforcement power. The commission has also failed to enforce a 68 billion won penalty that its predecessor, the Korea Communications Commission, decided in 2023 to impose on Google and Apple for forcing in-app payment systems. The KCC operated in a prolonged state of paralysis with a single chairperson, and the new commission has been run for 4 months with 2 members, short of the statutory quota of 7 under the law establishing it.

There is also a strong possibility Meta will file an administrative lawsuit after any sanctions decision. Jung-sang Ahn (안정상), a professor at Chung-Ang University's Graduate School of Communication, said global platforms are likely to file administrative lawsuits as a matter of practice regardless of the penalty amount. He added that while intentionality was clear when the KCC imposed a penalty in the 200 million won range on Twitch in 2024, the dispute is likely to become more complex this time because Meta claims it was a technical error.

There are also limits in terms of user protection. Separately from administrative measures, victims would need civil lawsuits to receive damages. Su-hee Kim (김수희), a lawyer at Ansim Law Firm, said a final administrative sanction can work in plaintiffs' favor in civil suits because it recognizes illegality, but administrative measures and civil damages are separate procedures. She added that suspending services without just cause constitutes a breach of terms and non-performance of contract, and that small business owners running ads and influencers whose followers are assets can seek compensation for business losses.

In connection with the matter, Meta Korea, the local unit of Meta Platforms, did not provide a specific response. It is reported, however, that Meta is expressing the position that the mass suspensions were not intentional and that it immediately restored accounts for which issues were raised.