The European Commission has communicated that Meta and TikTok have violated several DSA rulesthe EU Digital Services Act. In both cases, if they do not want to receive a fine that could reach 6% of their total annual income, they will have to make several changes.
According to the Commission, Facebook and Instagram, both Meta networks, as well as TikTok, implemented different cumbersome and annoying procedures and tools for researchers who wish to request access to public data. This means that they discover that they only have access to incomplete or unreliable information if they want to investigate issues related to how minors are exposed to illegal or harmful content online.
The Commission has recalled that allowing researchers to access platform data is an essential transparency obligation under the terms of the DSA. In addition, it accuses Meta of not having a user-friendly reporting mechanism for publications with illegal content.
The Commission has explained that Facebook and Instagram use mechanisms to do so where it is necessary to take several steps to report the publications, in addition to using dark interface designs, which makes reporting on this content confusing and dissuasive.
All of this violates DSA rules that require platforms to provide their EU users with easy-to-use mechanisms to report illegal content. Under the DSA, users must also be able to discuss social networks’ decisions to remove their posts and suspend their accounts. But according to the Commission, neither Facebook nor Instagran allow users to give their version or offer evidence to support their appeals, which limits the effectiveness of the appeals processes.
Both Meta and Tiktok will be able to examine the Commission’s investigation files and give their written version of what the Commission has decided. They will also have the opportunity to implement changes to comply with DSA regulations. Only then, if the Commission decides that they do not comply with the rules, can they be fined up to 6% of their global annual income.
As expected, Meta does not agree with the Commission’s decisionand notes that it has not violated DSA rules. In a statement, they assured that in the EU they have implemented changes in their content related to the reporting options and appeals process, as well as in the data access tools since the DSA came into force, and they trust that the solutions they have implemented meet the requirements asked of social platforms to comply with the laws of the area.
As to TikTokthose responsible have indicated that They are reviewing what the Commission ruled but that the requirements to facilitate data protection place the DSA and the GDPR “in direct tension.” In addition, ask regulators for advice on how to fulfill their obligations.
