Brussels, Belgium – The European Commission has delivered preliminary findings stating that Meta (Facebook/Instagram) and TikTok are in breach of key transparency obligations under the Digital Services Act (DSA). The breaches primarily concern the failure to grant adequate data access to researchers and the implementation of inadequate user protection mechanisms.
Key Allegations Against Meta (Facebook & Instagram): The Commission found that Meta’s platforms fail on three critical fronts:
- Burdensome Research Access: They may have established overly complex procedures for researchers requesting public data, leading to partial or unreliable information.
- Ineffective ‘Notice and Action’: Neither Facebook nor Instagram provides a user-friendly mechanism to flag illegal content (like CSAM or terrorist material). Furthermore, they appear to use ‘dark patterns’—deceptive interface designs—that confuse users and actively dissuade them from reporting content.
- Flawed Appeals Process: The appeal mechanisms for content moderation decisions do not seem to allow users to provide necessary explanations or supporting evidence, undermining the user’s right to an effective challenge.
TikTok’s Transparency Failure: TikTok was also preliminarily found to be in breach of its obligation to provide researchers with adequate access to public data.
Regulatory Context and Penalties: These findings stem from an in-depth investigation, which incorporated 97 complaints passed on by Coimisiún na Meán, the Irish media regulator. Should the Commission’s preliminary views be confirmed, both companies face substantial penalties of up to 6% of their total worldwide annual turnover.
Company Stance: Meta stated it disagrees with the suggestions of breach and is confident its current tools meet EU law. TikTok acknowledged the findings but argued that the DSA’s data access requirements are in “direct tension” with the GDPR, urging regulators for clarity on reconciliation. Both platforms now have the opportunity to submit a written response.
