EU accuses TikTok and Meta of breaching transparency rules

The European Commission has “preliminarily” found TikTok and Meta in breach of the bloc’s Digital Services Act (DSA), which could mean a hefty fine of up to 6% of their total worldwide annual turnover.

The Commission said that Facebook, Instagram, and TikTok have difficult procedures in place that hinder researchers’ access to their public data. This complicates various investigations and research processes, such as into whether users on the platforms are exposed to harmful content.

Allowing such access is “an essential transparency obligation under the DSA”, as it helps researchers with their work to evaluate the online platforms’ effects on our physical and mental health.

Furthermore, both Instagram and Facebook allegedly fail to provide a user-friendly and straightforward mechanism for users to flag illegal or harmful content. Quite to the contrary, the Commission says that the existing process makes them jump through all sorts of hoops and undertake unnecessary steps to report such content.

Under the DSA, users can also challenge content moderation decisions if they disagree with them. However, Facebook and Instagram do not easily provide their users with the option to provide explanations or supporting evidence in their appeals, which makes the appeal process very one-sided.

“With today’s actions, we have now issued preliminary findings on researchers’ access to data to four platforms. We are making sure platforms are accountable for their services, as ensured by EU law, towards users and society,” said Henna Virkkunen, Executive Vice-President for Tech Sovereignty, Security, and Democracy.

The investigation, which was carried out in collaboration with Coimisiún na Meán, the Irish Digital Services Coordinator, labels these as “preliminary findings”, meaning that they do not automatically inform the outcome.

Facebook, Instagram, and TikTok can now examine those results and reply in writing, as well as take steps to address those issues.

The Commission will consult the European Board for Digital Services, and if its findings are confirmed, it may issue a non-compliance decision, which can cost companies a fine of up to 6% of their total worldwide annual turnover, as well as further potential periodic penalty payments.

The investigation into TikTok’s and Meta’s compliance with the DSA began in 2024.

Separately, TikTok has previously been issued a fine of €530 million ($600 million) for failing to show that EU users' personal data is adequately protected under the EU's data protection rules.