The European Commission (EC) has provisionally foundthat TikTok and Meta Platforms - the operators of Facebook and Instagram - have breached their obligations under the European Digital Services Act (DSA). The Commission states that both platforms prevent researchers from accessing public data and that Meta also fails to provide effective mechanisms for reporting illegal content and appealing against moderation of posts.
Access to data under the magnifying glass
According to the DSA, large online platforms must allow independent researchers access to publicly available data to verify their impact on society, particularly on users' mental health or the spread of misinformation. But the Commission says that Facebook, Instagram and TikTok make this access difficult - for example, by using complex forms and tools that make it harder for researchers to obtain data, or by providing only incomplete and unreliable information.
Such practices, according to the EC, undermine the fundamental principle of transparency, which is a key element of the DSA. Allowing scientific oversight of the functioning of the platforms is intended to provide the public and the authorities with an independent check on how the algorithms and content mechanisms of these services translate into the daily lives of Europeans.
Complicated reporting of illegal content
Another problem identified by the Commission with Meta is the complex system for reporting illegal content such as child pornography, hate speech or the promotion of terrorism. According to the EC, users have to go through unnecessary steps to report content and face "dark patterns" - misleading elements in the user interface that are more likely to discourage them from completing the report.
The European Commission also criticises that Facebook and Instagram do not offer a sufficiently effective system for appealing moderation decisions. As a result, users are often unable to substantiate their arguments or provide evidence as to why their content should be restored. This, according to the Commission, limits their rights guaranteed by the DSA.
TikTok faces further criticism
In addition to the lack of data disclosure, TikTok has long been under scrutiny for its advertising database. According to the Commission's earlier findings, the database does not contain sufficient information on who is placing the ads, who they are targeting and what their content is. Moreover, it is not effectively searchable. This, according to Brussels, violates another key obligation of the DSA - to ensure transparency in online advertising.
Possible sanctions and further action
The Commission's findings are still preliminary and do not constitute a final decision. Meta and TikTok now have the opportunity to review the documents, respond in writing and propose remedies. If the Commission upholds its findings, it may impose a fine of up to six percent of the company's worldwide annual turnover and also impose periodic penalty payments until the platforms fully comply with their obligations.
At the same time, the Commission is consulting with the European Digital Services Committee and preparing the entry into force of a new decree that will extend researchers' access to non-public data from major platforms and search engines from 29 October 2025. The aim is to strengthen the accountability of these companies and enable a deeper understanding of their impact on society.
Trust and responsibility in the digital space
According to the EC Vice-President for Technological Sovereignty and Democracy Henne Virkkunen trust is at the heart of the whole thing: "Our democracy depends on trust. Platforms must empower users, respect their rights and open their systems to scrutiny. The DSA makes this an obligation, not a choice." The case of TikTok and Meta may become a precedent that will determine how strictly the EU will enforce the new digital laws in practice. For European users, the result may mean greater protection of rights, while for tech giants it may mean increased accountability and pressure for real transparency in their operations.
gnews.cz - GH
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