An investigation by European Union regulators has found TikTok and Meta in breach of the bloc’s rules concerning illegal or harmful online content. The European Commission announced on Friday that preliminary findings show both companies are not complying with Digital Services Act rules which require them to give researchers adequate access to public data.
The Commission described the procedures and tools used by Meta and TikTok for requesting access to public data as burdensome. It stated that researchers are consequently often left with partial or unreliable data, which affects their ability to conduct research on issues such as whether users, including minors, are exposed to illegal or harmful content.
The Commission also said Meta’s platforms, Instagram and Facebook, were both in breach of obligations to provide EU residents with simple ways to report illegal content. The Commission stated that both platforms impose several unnecessary steps before users can report content. It accused Facebook and Instagram of using so-called dark patterns, which are design tricks that manipulate users into taking certain actions. Such practices can be confusing and dissuading, making Meta’s mechanisms to flag and remove illegal content potentially ineffective.
Additionally, the Commission found that both Meta platforms’ moderation appeal mechanisms do not allow EU residents to fully explain or provide evidence to support their appeals. This makes it difficult for users in the EU to further explain why they disagree with Meta’s content decisions, limiting the effectiveness of the appeals mechanism.
These findings are part of investigations launched into both companies early in 2024. The investigation into TikTok focused on advertising transparency, data access for researchers, content moderation, and protection of minors, among other concerns. The investigation into Meta was launched after the Commission said it suspected Facebook and Instagram of breaking rules for larger platforms concerning election integrity.
The Digital Services Act is the EU’s set of rules governing online platforms and content moderation, which broadly addresses concerns over rising risks for consumer welfare in the digital realm. The law imposes extra requirements on large platforms like TikTok and Meta in areas like algorithmic transparency and systemic risk. Penalties for confirmed breaches of the DSA can reach up to six percent of a company’s global annual revenue.
The Commission stated that Meta and TikTok will both be able to review its investigation documents, challenge the findings, and commit to addressing them. Meta and TikTok did not immediately return requests for comment.