The European Commission has found that Meta and TikTok had violated rules under the Digital Services Act (DSA) and is now giving them the chance to comply if they don’t want to be fined up to 6 percent of their total worldwide annual turnover. According to the Commission, Facebook, Instagram and TikTok have “put in place burdensome procedures and tools” for researchers who want to request access to public data. This means they’re stuck with incomplete or unreliable information if they want to do research on topics like how minors are exposed to illegal or harmful content online. “Allowing researchers access to platforms’ data is an essential transparency obligation under the DSA,” the Commission wrote.
In addition, the Commission is charging Meta over the lack of a user-friendly mechanism that would allow users to easily report posts with illegal content, such as child sexual abuse materials. The Commission explained that Facebook and Instagram use mechanisms that require several steps to be able to flag posts, and they use dark interface designs that make reporting confusing and dissuading. All those factors are in breach of DSA rules that require online platforms to give EU users easy-to-use mechanisms to be able to report illegal content.
Under the DSA, users must also be able to challenge social networks’ decisions to remove their posts or suspend their accounts. The Commission found that neither Facebook nor Instagram allow users to explain their sides or provide evidence to substantiate their appeals, which limits the effectiveness of the appeal process.
Meta and TikTok will be able to examine the Commission’s investigation files and to reply in writing about its findings. They’ll also have the opportunity to implement changes to comply with DSA rules, and it’s only if the Commission decides they’re non-compliant that they can be fined up to 6 percent of their global annual turnover. Meta disagreed that it had breached DSA rules, according to Financial Times. “In the European Union, we have introduced changes to our content reporting options, appeals process, and data access tools since the DSA came into force and are confident that these solutions match what is required under the law in the EU,” it said in a statement. Meanwhile, TikTok said it was reviewing the Commission’s findings but that “requirements to ease data safeguards place the DSA and GDPR in direct tension.” It’s asking regulators for guidance on “how these obligations should be reconciled.”
