EU Finds TikTok and Meta in Breach of Digital Services Act, Potential Fines Loom

TikTok and Meta, the parent company of Facebook and Instagram, are reportedly in breach of the EU’s Digital Services Act (DSA) for failing to provide researchers adequate access to public data and, in Meta’s case, not offering users effective ways to report or challenge illegal content. The DSA aims to reduce disinformation and ensure safer online spaces. The companies can respond to the preliminary findings, but if confirmed, they could face fines of up to 6% of their global annual turnover and other measures to enforce compliance.

TikTok and Meta, the company that owns Facebook and Instagram, have been found to be in breach of transparency obligations under the European Union's Digital Services Act (DSA), according to an announcement by the European Commission on Friday. The Commission’s statement, released by the EU’s executive body, indicated that its preliminary findings reveal that these major social media platforms have not fulfilled their duty to grant researchers sufficient access to public data, a key requirement under the DSA. This lack of access limits the ability of researchers to analyze and understand the impact of social media platforms on society, including their effects on public health, social cohesion, and the spread of information.

In addition to issues related to data access, the European Commission noted that Meta is failing to meet obligations to provide users with straightforward mechanisms to report illegal content and to effectively challenge decisions regarding content moderation. This means that users may face difficulties in holding platforms accountable when their content is removed or flagged, undermining transparency and trust in the platforms’ operations. The DSA represents the European Union’s broader effort to regulate large online platforms, aiming to reduce the spread of disinformation, fake news, and harmful content, while ensuring that digital spaces are safer and that user rights are protected.

The provision allowing researchers access to platform data is considered a central transparency measure under the DSA, as it enables public scrutiny of how social media platforms may influence both physical and mental health, societal behavior, and democratic processes. Henna Virkkunen, the Executive Vice-President for Tech Sovereignty, Security and Democracy, emphasized that democracies rely on trust, stating that platforms must empower users, respect their rights, and open their systems to careful examination. She added that the European Commission is committed to ensuring that platforms are fully accountable for the services they provide to both users and society at large, as mandated by EU law.

Moving forward, the affected social media companies will have the opportunity to review and respond to the Commission’s preliminary findings. They are expected to take the necessary steps to remedy the identified breaches and comply with the transparency and accountability measures stipulated by the DSA. If the preliminary findings are confirmed, the European Union has the authority to impose substantial fines, potentially reaching up to 6% of each platform’s total global annual turnover. Beyond financial penalties, the Commission may also enforce additional measures to compel the platforms to adhere to their legal obligations, ensuring that users’ rights and public trust are upheld. The case highlights the EU’s ongoing efforts to regulate digital services and maintain oversight over the practices of some of the world’s largest social media companies.