The European Commission has preliminarily found that Meta and TikTok are in breach of the Digital Services Act (DSA), specifically concerning transparency mandates. This action follows investigations initiated early in 2024, highlighting concerns that both platforms implemented complex procedures for researchers seeking access to public data. These hurdles often resulted in incomplete or unreliable datasets, impeding research into critical issues such as exposure to illegal or harmful content, particularly affecting minors.
In addition to data access issues, Meta’s Facebook and Instagram have been flagged for using “dark patterns” design techniques that unnecessarily complicate content reporting. The Commission argues that these tactics could undermine the effectiveness of Meta’s systems for identifying and removing illegal content, confusing users and deterring them from reporting violations.
Meta’s content moderation appeal processes also faced scrutiny for restricting user input, preventing EU residents from adequately justifying their appeals. TikTok countered, suggesting that DSA data demands might clash with the EU’s GDPR data privacy regulations, advocating for more precise regulatory guidelines. Meta maintains it has improved its tools to meet DSA requirements, disputing claims of non-compliance.
Should these violations be substantiated, the penalties could reach up to 6% of each company’s global annual revenue. Both Meta and TikTok now have the chance to contest the findings and implement corrective measures before any sanctions are applied. The DSA is redefining standards for algorithmic transparency and content moderation, subjecting major digital platforms to unprecedented oversight.
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