The European Commission is taking a firmer stance against Meta and TikTok, with Brussels releasing its preliminary findings on potential breaches of the Digital Services Act (DSA), a law that governs online content and the transparency of major platforms.

Both companies are charged with failing to meet several key obligations of this legislation, exposing their practices to possible financial penalties…

Lack of Transparency Towards Researchers

The first complaint issued by Brussels: Meta and TikTok allegedly do not allow researchers to properly access their public data, a requirement stipulated in the DSA. This mandate aims to ease the study of social networks’ effects on society, including misinformation, mental health, or child protection.

According to the Commission, the procedures enforced by the two platforms are overly complicated and discouraging. They involve cumbersome tools and forms, making it nearly impossible to access public information quickly and fully.

“Enabling researchers to access platform data is a fundamental transparency obligation,” Brussels reminds, emphasizing that this data is crucial for assessing the social and democratic impact of digital giants.

In response to these allegations, TikTok defends itself: the company claims to “value the contribution of researchers” but believes that the DSA’s access rules “directly conflict with GDPR”.

Meta Criticized for Its Reporting Mechanisms

While TikTok is mostly implicated in the data issue, Meta faces even harsher criticism. Indeed, the Commission accuses Facebook and Instagram of not providing a simple and accessible system for reporting illegal content, as also required by the DSA.

Users have to go through multiple steps to report content related to child pornography, terrorism, or hate speech, which makes the process discouraging. Brussels even accuses Meta of using “dark patterns,” these interfaces designed to mislead user behavior.

The appeal mechanisms offered by Meta also reportedly do not allow users to submit supporting documents when they challenge the removal of content. The Commission sees this as an obstacle to the European citizens’ right to defend their freedom of expression.

A spokesperson for Meta states that the company “disputes any allegations of breaching the DSA” and asserts that it has already adjusted its reporting, recourse, and data access tools to comply with European requirements.

Possible Sanctions Still Avoidable for Meta and TikTok

The two platforms now have a period to respond to the Commission’s findings and propose corrective measures.

If their responses do not satisfy Brussels, they risk a fine that could reach up to 6% of their annual global revenue, a potentially severe blow for two entities whose revenues are counted in tens of billions.

For Vice-President Henna Virkkunen, responsible for technological sovereignty and democracy, the stakes extend beyond legal frameworks: “Our democracies depend on trust. Platforms must empower users, respect their rights, and open their systems to public scrutiny.”

Europe, once again, tests the limits of its legislative arsenal against digital giants, aiming to make the DSA a tool of transparency and accountability on a global scale…