European Commission Charges Meta and TikTok with Digital Services Act Violations The European Commission has formally charged tech giants Meta and TikTok with violating key provisions of the Digital Services Act. The Commission found that both companies have failed to meet their obligations, particularly concerning data access for researchers and content moderation tools. A central issue identified is the restrictive access to public data for researchers. The Commission stated that Facebook, Instagram, and TikTok have created burdensome procedures and tools for researchers requesting data. This results in researchers receiving incomplete or unreliable information, hindering vital studies on topics like how minors encounter illegal or harmful content online. The Commission emphasized that allowing researcher access to platform data is a fundamental transparency requirement under the DSA. In a separate charge targeting Meta, the Commission highlighted the lack of a user-friendly mechanism for reporting illegal content, such as child sexual abuse materials. The current reporting systems on Facebook and Instagram were criticized for requiring multiple steps and employing confusing, dissuasive dark interface designs. These factors breach DSA rules that mandate online platforms provide EU users with straightforward and easy-to-use reporting tools. The Commission also found Meta’s appeal processes lacking. Under the DSA, users must be able to effectively challenge decisions to remove their posts or suspend their accounts. The investigation concluded that neither Facebook nor Instagram currently allows users to properly explain their side or provide supporting evidence during an appeal, which undermines the effectiveness and fairness of the process. Both Meta and TikTok now have the opportunity to review the Commission’s findings and submit a written response. They can also make changes to their platforms to achieve compliance with the DSA. Should the Commission ultimately decide the companies remain non-compliant, they face potential fines of up to 6 percent of their total global annual turnover. Meta has publicly disagreed with the charges, asserting its compliance with the DSA. The company stated that it has introduced changes to its content reporting options, appeals process, and data access tools since the DSA came into force and is confident its solutions meet the legal requirements in the EU. TikTok, meanwhile, said it is reviewing the Commission’s findings but raised a concern. The company argued that requirements to ease data safeguards for researchers create a conflict between the DSA and the existing GDPR data privacy rules. TikTok is now asking regulators for guidance on how to reconcile these two legal obligations. The outcome of this case will be closely watched as it represents a significant test of the European Union’s ability to enforce its new digital rulebook against some of the world’s largest tech platforms.
