EC finds Meta and TikTok breached transparency rules under DSA

An inquiry by European Union regulators has revealed that TikTok and Meta have violated the bloc's regulations regarding illegal or harmful online content. On Friday, the European Commission (EC) announced that initial findings indicate both companies are falling short of the requirements established by the Digital Services Act (DSA). This act mandates that they provide researchers with adequate access to public data. The Commission criticized the processes employed by Meta and TikTok for granting access to public data, labeling them as "burdensome." As a result, researchers often find themselves working with incomplete or unreliable data, hampering their ability to assess whether users, particularly minors, are exposed to illegal or harmful content. Furthermore, the Commission pointed out that Meta's platforms, namely Facebook and Instagram, are not fulfilling their obligations to offer EU residents straightforward methods for reporting illegal content. According to the EC, both platforms impose excessive hurdles that complicate the reporting process, and they have been accused of utilizing "dark patterns"—design techniques that can mislead users into taking specific actions. The Commission noted, "Such practices can be confusing and dissuading. Meta’s systems for flagging and removing illegal content may therefore be ineffective." The EC also highlighted that the appeals mechanisms on Meta's platforms do not enable EU users to adequately present their cases or provide supporting evidence. This limitation makes it challenging for users to articulate their disagreements with Meta’s content decisions, thereby diminishing the effectiveness of the appeals process. These findings are part of a broader investigation into both companies that began in early 2024. The EC's scrutiny of TikTok initially focused on advertising transparency, data access for researchers, content moderation, and the protection of minors, among other issues. The inquiry into Meta was prompted by suspicions that Facebook and Instagram were violating regulations aimed at maintaining election integrity. The DSA serves as the EU’s regulatory framework for online platforms and content moderation, addressing growing concerns over consumer welfare in the digital landscape. The law imposes additional requirements on major platforms like TikTok and Meta, particularly in terms of algorithmic transparency and systemic risk management. Should violations of the DSA be confirmed, penalties can reach up to 6% of global annual revenue. Both Meta and TikTok will have the opportunity to review the investigation's findings, contest them, and commit to making necessary adjustments. As of now, both companies have not responded to requests for comment.