The European Commission stated this Friday (24) that it had preliminarily concluded that Meta and TikTok violated transparency obligations under the Digital Services Law (DSA).
According to the statement from the executive branch of the European Union, the two platforms “failed to grant researchers adequate access to public data”, which undermines the possibility of “public scrutiny on the potential impact of the platforms on our physical and mental health”.
The statement highlights that the conclusions are preliminary and “do not prejudice the final result of the investigation”. TikTok, Facebook and Instagram will now have the opportunity to respond in writing and take corrective action.
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If the violation is confirmed, the Commission may impose fines of up to 6% of the companies’ annual global revenue.
In the case of Meta, the Commission also pointed out possible additional flaws in Facebook and Instagram, for “not offering simple mechanisms for users to report illegal content” and for not allowing users to effectively challenge content moderation decisions. The institution also stated that the platforms “appear to use ‘dark patterns’ or misleading designs” in these mechanisms, which can “confuse and discourage users”.
These practices, according to the text, “may render ineffective” the system for reporting and removing illegal material – such as child sexual abuse or terrorism content. The Commission notes that such mechanisms are “essential” under the DSA, which requires rapid action from platforms after being alerted to illicit content.
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The investigation is part of the formal procedures opened against Meta and TikTok under the DSA, which aims to increase the accountability of large digital platforms in the European Union.
