The European Commission has found that Meta and TikTok are in breach of the EU’s Digital Services Act, which governs illegal or harmful online content and platform transparency. Preliminary findings indicate that both companies are failing to provide researchers adequate access to public data.
The Commission described the procedures and tools for requesting data as “burdensome,” leaving researchers with partial or unreliable information. This hinders studies on whether users, including minors, are exposed to illegal or harmful content.
Meta’s platforms, Instagram and Facebook, were also found to be in violation of obligations to offer EU residents simple ways to report illegal content. The Commission criticised both platforms for requiring multiple unnecessary steps and using “dark patterns” that manipulate user actions. These practices, it said, can confuse and dissuade users, reducing the effectiveness of content reporting.
The Commission further noted that Meta’s moderation appeal mechanisms do not allow users to fully explain or provide evidence supporting their appeals, limiting the effectiveness of these processes.
TikTok responded that it has made “substantial investments” in data sharing, providing access to nearly 1,000 research teams. The company added that easing data safeguards under the DSA can conflict with GDPR and called on regulators to clarify how to reconcile these obligations.
Meta stated that it has updated its tools and processes to comply with DSA requirements. “We disagree with any suggestion that we have breached the DSA, and we continue to negotiate with the European Commission on these matters. In the European Union, we have introduced changes to our content reporting options, appeals process, and data access tools since the DSA came into force and are confident that these solutions match what is required under the law in the EU,” a Meta spokesperson said.
The findings come from investigations launched in early 2024. TikTok’s probe focused on advertising transparency, content moderation, protection of minors, and data access, while Meta’s investigation examined compliance related to election integrity and platform obligations.
Under the DSA, confirmed breaches can lead to fines of up to six percent of a company’s global annual revenue. Both companies will have the opportunity to review the investigation documents, challenge the findings, and commit to addressing them.
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