ec finds meta and tiktok breached transparency rules under dsa

EU Regulators Find TikTok and Meta in Violation of Online Content Rules

An inquiry conducted by European Union regulators has determined that both TikTok and Meta are in contravention of the Union’s regulations pertaining to unlawful or detrimental content disseminated online.

Data Access for Researchers

The European Commission (EC) announced on Friday that initial assessments indicate that neither company is adhering to the stipulations of the Digital Services Act (DSA). These rules mandate providing researchers with sufficient access to publicly available data.

The Commission characterized the procedures and instruments utilized by Meta and TikTok for requesting access to public data as “onerous.” Consequently, researchers frequently receive incomplete or questionable data, hindering “their capacity to undertake research, including assessments of user exposure – particularly that of minors – to illicit or damaging material.”

Reporting Illegal Content

Furthermore, the Commission stated that Meta’s platforms, specifically Instagram and Facebook, have failed to fulfill obligations to furnish EU citizens with straightforward methods for reporting illegal content.

Both platforms, according to the Commission, impose several unnecessary steps before users can submit reports. They were also accused of employing “dark patterns”—design elements intended to manipulate user behavior.

“These tactics can be perplexing and discouraging. As a result, Meta’s systems for identifying and removing illegal content may prove ineffective,” the Commission explained in a formal statement.

Appeals Mechanisms

The EC also noted that the moderation appeal mechanisms offered by both Meta platforms do not permit EU residents to fully articulate or present supporting evidence for their appeals.

“This limitation complicates the ability of EU users to adequately explain their disagreement with Meta’s content decisions, thereby diminishing the effectiveness of the appeals process,” the Commission elaborated.

Company Responses

TikTok asserts that it has invested significantly in data sharing, granting access to data for approximately 1,000 research teams through its research tools.

“We are currently reviewing the European Commission’s conclusions. However, easing data safeguards creates a conflict between the DSA and GDPR. Should full compliance with both be unattainable, we request regulators to clarify how these obligations should be reconciled,” stated a TikTok spokesperson.

Meta, meanwhile, maintains that it has implemented changes to its tools and processes to align with DSA requirements.

“We dispute any assertion of DSA non-compliance and continue discussions with the European Commission. Since the DSA’s enactment, we’ve introduced modifications to our content reporting options, appeals process, and data access tools within the EU, and are confident these align with EU legal requirements,” a Meta spokesperson conveyed.

Investigation Details

These findings stem from investigations initiated into both companies earlier in 2024.

The EC’s inquiry into TikTok focused on advertising transparency, data access for researchers, content moderation, the protection of minors, and other related concerns.

The investigation into Meta was prompted by suspicions that Facebook and Instagram were violating rules applicable to larger platforms concerning election integrity.

The Digital Services Act

The DSA represents the EU’s regulatory framework for online platforms and content moderation, addressing growing concerns regarding consumer welfare risks in the digital environment.

The law imposes additional requirements on major platforms like TikTok and Meta, particularly in areas such as algorithmic transparency and systemic risk management.

Potential Penalties

Confirmed violations of the DSA can incur penalties of up to 6% of a company’s global annual revenue.

The EC has stated that Meta and TikTok will have the opportunity to examine the investigation documents, contest the findings, and commit to remedial actions.

Note: This report has been updated to include statements from TikTok and Meta.