EU Commission Finds Meta and TikTok in Breach of Digital Services Act for Restricting Research Access

The European Commission has announced preliminary findings that Meta and TikTok are violating their obligations under the Digital Services Act (DSA) by failing to provide researchers with adequate access to public data.

According to the Commission's statement, Facebook and Instagram, both owned by Meta, also appear to lack user-friendly mechanisms for flagging illegal content such as child sexual abuse material and terrorist content.

The Digital Services Act represents the EU's comprehensive effort to regulate Big Tech companies, requiring large platforms to implement robust measures against illegal and harmful content proliferation.

"The Commission's preliminary findings indicate that Facebook, Instagram and TikTok may have implemented burdensome procedures and tools for researchers requesting access to public data," stated the EU executive regarding transparency concerns.

The Commission emphasized that researcher access to platform data fulfills an essential DSA transparency obligation, enabling public scrutiny of platforms' potential impacts on physical and mental health.

Regarding Meta's content reporting systems, the Commission found mechanisms that impose "unnecessary steps and additional demands" on users while employing "deceptive interface designs."

The Commission noted these practices "can be confusing and dissuading," potentially rendering Meta's illegal content flagging and removal mechanisms ineffective. Under the DSA, 'Notice and Action' mechanisms are crucial for enabling EU users to inform platforms about content that violates EU or national laws.

Both companies now have the opportunity to examine these findings and implement measures to address the alleged violations. The Commission clarified that these preliminary findings don't prejudge the final investigation outcome.

If confirmed following relevant consultations, the Commission may impose fines on the companies of up to 6% of their annual global revenue.