The European Commission has issued a preliminary decision stating that Meta’s Facebook and Instagram platforms are in breach of the Digital Services Act (DSA). The findings detail violations concerning the handling of illegal content, moderation practices, and transparency rules.
The Commission’s decision asserts that Meta imposes “confusing” obstacles for users attempting to flag illegal content and contest moderation decisions. It was also found that the platforms “appear to use so-called ‘dark patterns’, or deceptive interface designs.” These designs can hinder the removal of materials related to child sexual abuse and terrorism. The preliminary findings also determined that both Meta and TikTok are violating the DSA’s transparency obligations.
In its assessment of transparency, the Commission reported that Meta and TikTok have established “burdensome procedures and tools.” These mechanisms are structured in a way that prevents researchers from effectively accessing public data on the platforms, a practice that contravenes transparency requirements under the act. Both companies now face potential penalties pending a final ruling.
The possible fines could reach up to six percent of each company’s annual worldwide revenue. Before the Commission issues its final decision, the platforms have the opportunity to either challenge the European Union’s findings or implement corrective measures to address the stated concerns.
