Brussels: The European Union has determined that Meta and TikTok have violated key provisions of the Digital Services Act (DSA), according to findings released by the European Commission. The investigation concluded that both platforms failed to meet their transparency obligations and did not provide adequate access to public data for researchers.
The Commission’s report, prepared in collaboration with the Irish Media Regulator, also found that Instagram and Facebook lack straightforward mechanisms for users to report illegal content, including child sexual abuse material and terrorism-related content. The Irish regulator had referred 97 complaints about potential DSA breaches to the Commission during the inquiry.
The companies will be given an opportunity to review the findings and submit written responses before any formal action is taken. If the violations are upheld, the Commission may impose fines of up to 6% of the companies’ global annual turnover.
Meta’s Violations
Under the DSA, platforms are required to give researchers simple, direct access to public data. However, the Commission found that Facebook, Instagram, and TikTok employ cumbersome procedures and tools, hindering researchers’ ability to monitor and moderate harmful or illegal content.
In addition, users reportedly cannot easily flag illegal content, and neither Facebook nor Instagram offers a clear notice-and-action mechanism for reporting such materials.
The Commission also criticised Meta’s user interface, describing it as employing dark patterns—design choices that mislead or confuse users. These deceptive designs, combined with excessive steps and requirements, were found to make content reporting unnecessarily difficult. As a result, Meta’s systems for detecting and removing illegal content were deemed ineffective.
The DSA guarantees EU users the right to appeal decisions when content is removed or accounts are suspended. However, the Commission found that Facebook and Instagram lack effective appeal mechanisms, leaving users without recourse to challenge platform decisions or provide additional evidence.
Meta and TikTok Respond
Meta stated that it disagrees with parts of the Commission’s findings and is continuing discussions with EU officials to resolve the issues. TikTok, meanwhile, said it has invested heavily in transparency, working with over 1,000 research groups to facilitate data sharing. A TikTok spokesperson confirmed that the company is reviewing the Commission’s conclusions.
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