The European Commission has issued preliminary findings that both TikTok and Meta are in breach of their obligations to grant researchers adequate access to public data under the Digital Services Act (DSA).
The Commission also found Meta, for both Instagram and Facebook, in breach of its obligations to provide users simple mechanisms to notify illegal content, as well as to allow them to effectively challenge content moderation decisions.
The preliminary findings show that Facebook, Instagram and TikTok may have put in place burdensome procedures and tools for researchers to request access to public data.
"When it comes to Meta, neither Facebook nor Instagram appear to provide a user-friendly and easily accessible 'Notice and Action' mechanism for users to flag illegal content, such as child sexual abuse material and terrorist content," the Commission said.
"The mechanisms that Meta currently applies seems to impose several unnecessary steps and additional demands on users. In addition, both Facebook and Instagram appear to use so-called ‘dark patterns', or deceptive interface designs, when it comes to the 'Notice and Action' mechanisms," it said.
"Such practices can be confusing and dissuading. Meta's mechanisms to flag and remove illegal content may therefore be ineffective," the Commission added.
The DSA gives users in the EU the right to challenge content moderation decisions when platforms remove their content or suspend their accounts, but the Commission found that the decision appeal mechanisms of both Facebook and Instagram do not appear to allow users to provide explanations or supporting evidence to substantiate their appeals.
The Commission said its findings are based on an in-depth investigation, including co-operation with Coimisiún na Meán, the Irish media regulator.
A total of 97 complaints from people about possible breaches of the DSA processed by Coimisiún na Meán were passed on to the European Commission to form part of the investigation.
"This process shows how Coimisiún na Meán and the European Commission work together to ensure that the Digital Services Act (DSA) improves people's online experiences," Coimisiún na Meán said.
Facebook, Instagram and TikTok will now have the opportunity to examine the documents in the Commission's investigation files and reply in writing to the preliminary findings.
The Commission said that if its views are ultimately confirmed, it could impose a fine of up to 6% of the total worldwide annual turnover of the provider.
Meta said it disagrees with any suggestion that it has breached the DSA, and that it continues to negotiate with the European Commission on these matters.
"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," a Meta spokesperson said.
TikTok said it is committed to transparency, adding that it has made substantial investments in data sharing with almost 1000 research teams having been given access to data to date.
"We are reviewing the European Commission's findings, but requirements to ease data safeguards place the DSA and GDPR in direct tension," a spokesperson said.
"If it is not possible to fully comply with both, we urge regulators to provide clarity on how these obligations should be reconciled," TikTok said.
