Introduction
The European Commission (EC) has launched an investigation into TikTok and Meta, accusing both companies of violating the Digital Services Act (DSA). The preliminary findings suggest that these social media giants have failed to comply with essential transparency rules, particularly regarding access to public data for researchers and mechanisms for reporting illegal content. This inquiry underscores ongoing concerns about the responsibilities of major tech platforms in managing harmful online content and ensuring user safety.
Findings of the Investigation
The EC's investigation revealed that TikTok and Meta's procedures for granting researchers access to public data are overly complicated and burdensome. As a result, researchers often receive incomplete or unreliable data, which hinders their ability to study the exposure of users, including minors, to illegal or harmful content. The Commission emphasized the importance of transparent data access for effective research and monitoring of online safety.
Issues with Reporting Mechanisms
In addition to data access issues, the EC criticized Meta's platforms, Facebook and Instagram, for failing to provide straightforward methods for EU residents to report illegal content. The Commission noted that the reporting process involves multiple unnecessary steps, which can confuse users and deter them from reporting harmful content. Furthermore, the EC highlighted the use of “dark patterns” in Meta’s design, which are tactics that manipulate users into specific actions, potentially rendering the content moderation system ineffective.
Appeals Process Concerns
The investigation also pointed out deficiencies in the moderation appeal mechanisms on Meta’s platforms. Users in the EU are reportedly unable to adequately explain their disagreements or present evidence when appealing content decisions, which limits the effectiveness of these processes. The EC's findings indicate that these shortcomings could undermine users' rights and the overall integrity of content moderation on these platforms.
Responses from TikTok and Meta
In response to the EC's findings, TikTok stated that it has made significant investments in data sharing and has provided access to data for nearly 1,000 research teams. However, the company expressed concerns that the requirements to ease data safeguards may conflict with existing regulations, specifically the DSA and GDPR, and called for regulatory clarity on these obligations. On the other hand, Meta denied any breach of the DSA and asserted that it has made necessary changes to comply with the law. The company claimed to be actively negotiating with the EC regarding these issues, emphasizing its commitment to improving content reporting and data access tools.
Context of the Digital Services Act
The DSA represents the EU's framework for regulating online platforms, addressing rising consumer welfare risks in the digital space. It imposes additional obligations on larger platforms like TikTok and Meta, focusing on areas such as algorithmic transparency and systemic risk management. The potential penalties for violating the DSA can be substantial, reaching up to 6% of a company's global annual revenue.
Conclusion
The ongoing investigation into TikTok and Meta highlights significant challenges in ensuring compliance with the DSA and protecting users from harmful online content. As the EU continues to enforce these regulations, the outcomes of this investigation could have broader implications for how social media platforms operate and manage content moderation. The responses from TikTok and Meta will be crucial in shaping the future landscape of digital governance and user safety in the European Union.