The European Commission has preliminarily found TikTok and Meta in breach of their transparency obligations under the EU’s Digital Services Act (DSA), citing failures to provide researchers with adequate access to public data and, in Meta’s case, insufficient mechanisms for reporting and appealing illegal content.
According to the Commission’s findings announced Thursday, Facebook, Instagram, and TikTok appear to have imposed “burdensome procedures and tools” that make it difficult for researchers to obtain reliable public data. The lack of access, regulators said, undermines efforts to study how platforms expose users—particularly minors—to illegal or harmful content.
“Platforms must empower users, respect their rights, and open their systems to scrutiny,” said Henna Virkkunen, Executive Vice-President for Tech Sovereignty, Security and Democracy. “The DSA makes this a duty, not a choice.”
The Commission also identified multiple issues specific to Meta. It said neither Facebook nor Instagram provides users with a straightforward “Notice and Action” mechanism to flag illegal material such as child sexual abuse or terrorist content. Instead, the systems include unnecessary steps and so-called “dark patterns”—deceptive design tactics—that discourage reporting.
Additionally, Meta’s content moderation appeals process was found to be restrictive, preventing users from submitting explanations or evidence when challenging the removal of content or suspension of accounts. These shortcomings, according to the Commission, limit users’ rights under the DSA.
Both companies now have the opportunity to review the investigation files and respond in writing. If the findings are confirmed, the Commission could impose fines of up to 6% of each platform’s global annual turnover.
The action comes ahead of new EU data access rules taking effect on October 29, which will expand researcher access to non-public platform data to boost accountability and assess systemic risks in online environments.
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