The European Commission has found that TikTok and Meta are in breach of the Digital Services Act in a preliminary report.
Should this be confirmed and the platforms don’t comply, it could open them up to a fine of up to 6% of their “total worldwide annual turnover.”
The commission said that Meta, which is responsible for Instagram and Facebook, was in breach of obligations to provide users with “simple mechanisms” to notify of illegal content and for them to “effectively challenge” content moderation decisions.
The preliminary findings show that Facebook, Instagram and TikTok “may have put in place burdensome procedures and tools” for requesting access to public data.
It said that this left them with partial or unreliable data and impacted their ability to conduct research, such as whether users, including minors, are exposed to illegal or harmful content.
Under EU law, allowing researchers access to platforms’ data is an essential transparency obligation.
“Our democracies depend on trust. That means platforms must empower users, respect their rights, and open their systems to scrutiny. The DSA makes this a duty, not a choice,” stated Henna Virkkunen, Executive Vice-President for Tech Sovereignty, Security and Democracy.
“With today’s actions, we have now issued preliminary findings on researchers’ access to data to four platforms. We are making sure platforms are accountable for their services, as ensured by EU law, towards users and society.”
With Facebook and Instagram, it said that neither Meta platform appeared to provide a user-friendly and easily accessible ‘Notice and Action’ mechanism for users to flag illegal content, such as child sexual abuse material and terrorist content.
It said that Meta imposes “several unnecessary steps and additional demands on users.” Furthermore it appeared to use “so-called ‘dark patterns’, or deceptive interface designs, when it comes to the ‘Notice and Action’ mechanisms.”
The report continued that as a result Meta’s mechanisms to flag and remove illegal content “may therefore be ineffective.”
When it comes to content moderation appeals, under the DSA, users have the right to challenge when a platform suspends their content or accounts. The commission said Meta didn’t appear “to allow users to provide explanations or supporting evidence to substantiate their appeals. This makes it difficult for users in the EU to further explain why they disagree with Meta’s content decision, limiting the effectiveness of the appeals mechanism.”
Meta and TikTok can examine the findings and respond.
However, if the commission’s views are “ultimately confirmed” it can issue a non-compliance decision, which can trigger a fine of up to 6% of the total worldwide annual turnover of the provider.
The Commission can also impose periodic penalty payments to compel a platform to comply.
