EC Finds Meta and TikTok Breached Transparency Rules Under DSA
- An investigation by European Union regulators has preliminarily found TikTok and Meta (parent company of Facebook and Instagram) in breach of the Digital Services Act (DSA) concerning the...
- The European Commission stated that both TikTok and Meta's procedures for researchers requesting access to public data are "burdensome." This complexity results in researchers often receiving incomplete...
- Specifically, the Commission found that the processes for requesting data are overly complicated, requiring excessive documentation and justification.
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EU Finds TikTok and Meta in Breach of Digital Services Act
Overview
An investigation by European Union regulators has preliminarily found TikTok and Meta (parent company of Facebook and Instagram) in breach of the Digital Services Act (DSA) concerning the handling of illegal and harmful online content. The European Commission (EC) alleges both companies are failing to provide researchers with adequate access to public data and,in Meta’s case,are making it unduly challenging for EU residents to report illegal content. This investigation, announced on Friday, October 24, 2024, highlights the EU’s increasing scrutiny of large online platforms.
Lack of Researcher Data Access
The European Commission stated that both TikTok and Meta’s procedures for researchers requesting access to public data are “burdensome.” This complexity results in researchers often receiving incomplete or unreliable data, hindering their ability to effectively study the prevalence of illegal or harmful content, including exposure risks for minors. The DSA mandates that very large online platforms (VLOPs) provide researchers with access to data necessary for understanding the platform’s impact.
Specifically, the Commission found that the processes for requesting data are overly complicated, requiring excessive documentation and justification. This creates a critically important barrier to entry for academic and self-reliant researchers seeking to analyze platform behavior and content moderation practices.
Reporting Illegal Content Issues on Meta Platforms
The Commission’s investigation also revealed that Meta’s platforms, Instagram and Facebook, are in breach of obligations to provide EU residents with straightforward methods for reporting illegal content. The Commission alleges that both platforms require users to navigate multiple unnecessary steps before they can submit a report. This cumbersome process possibly discourages users from reporting harmful or illegal material, allowing it to remain online for longer periods.
The Digital Services Act (DSA)
The Digital services Act, which came into full effect in February 2024, is a landmark piece of EU legislation designed to create a safer digital space for users.It imposes a range of obligations on online platforms, particularly very Large Online Platforms (VLOPs) and very Large Online Search Engines (VLOSEs), with over 45 million active users in the EU. Thes obligations include stricter content moderation rules, increased transparency requirements, and enhanced user protection measures.
Key provisions of the DSA relevant to this case include:
- Data access for Researchers: VLOPs must provide access to data for vetted researchers to analyze systemic risks.
- Reporting Mechanisms: platforms must offer easy-to-use and effective mechanisms for users to report illegal content.
- transparency Reporting: platforms must publish regular reports on their content moderation activities.
Potential Consequences
If the Commission’s preliminary findings are confirmed after TikTok and Meta respond, the companies could face significant penalties. Under the DSA, non-compliance can result in fines of up to 6% of a company’s global annual revenue. the Commission also has the power to impose other remedial measures, such as requiring companies to change their practices or undergo independant audits.
This investigation signals a strong commitment from the EU to enforce the DSA and hold large online platforms accountable for protecting users and upholding the rule of law online.
