Meta Platforms-owned WhatsApp is set to be hit by tougher regulatory scrutiny in the European Union (EU) after the number of active users on its open channels offering surpassed a limit that now places it under the Digital Markets Act (DMA).

Meta Platforms revealed the feature, which are feeds linked to news organisations and public figures, have amassed 45 million monthly active users in Europe. Open channels are considered similar to social networks under EU rules.

“WhatsApp has published user numbers above the threshold for designation as a Very Large Online Platform under the Digital Services Act (DSA),” European Commission (EC) spokesperson Thomas Regnier told Mobile World Live in an emailed statement.

Users of WhatsApp’s primary messaging function are not included in the DSA’s regulatory criteria.

Under the law, platforms must report user figures every six months. The EC imposes strict content moderation rules on platforms with more than 45 million monthly active users, including conducting risk assessments on the spread of illegal or inappropriate content and implementing mitigation measures. Non-compliance can result in fines of up to 6 per cent of a company’s annual global revenue.

Based on its most recent annual figures, Meta Platforms would be on the hook for a fine of $9.8 billion, after reporting revenue of $164 billion in 2024.

The European regulatory body has faced mounting criticism over its regulatory approach, particularly from US tech companies and the Trump administration. Earlier this month, Vice President JD Vance stated he would “like to see that deregulatory flavour making its way into a lot of the conversations” at the Paris AI Action Summit.