The European Union has formally accused Meta and TikTok of breaching the bloc’s Digital Services Act (DSA) — a sweeping law aimed at ensuring transparency, curbing illegal content, and maintaining fair competition in the digital space. The move puts both tech giants at risk of substantial financial penalties.
In a statement released on Friday, October 24, the European Commission said that Meta’s platforms — Facebook and Instagram — alongside TikTok, had violated multiple provisions of the DSA. This marks the first official accusation against Meta under the regulation, an allegation the company firmly denies.
According to the Commission, both companies failed to give researchers sufficient access to public data — a critical DSA requirement that enables independent assessment of how online content impacts society, particularly regarding children’s exposure to harmful or misleading material.
“Transparency is not the only concern,” regulators noted. “Researchers must have the ability to carry out essential work that ensures accountability and protects users.”
TikTok’s parent company, ByteDance, responded by reaffirming its commitment to transparency but highlighted difficulties in balancing compliance with both the DSA and the General Data Protection Regulation (GDPR). “If full compliance with both is not possible, we urge regulators to clarify how these obligations can be harmonized,” a TikTok spokesperson said.
The EU also accused Meta of failing to offer straightforward tools for reporting illegal content and for appealing moderation decisions. Regulators said Facebook and Instagram employ “dark patterns” — deceptive design elements — in their “Notice and Action” systems, potentially confusing users and discouraging them from challenging moderation outcomes.
“The DSA requires platforms to clearly justify their moderation decisions,” the Commission stated. “Facebook and Instagram have not met that standard.”
Meta rejected the accusations, insisting it had already implemented changes to meet DSA requirements. “We disagree with any claim that we have breached the DSA,” the company said. “We’ve made several updates to our content reporting, appeals, and data access tools since the DSA came into effect, and we’re confident these meet all legal obligations.”
The Commission’s findings come amid ongoing transatlantic friction, as former U.S. President Donald Trump criticized the DSA as a direct attack on American tech firms and threatened retaliatory tariffs. Despite this, EU officials have vowed to enforce the law “without political interference.”
Both Meta and TikTok will have an opportunity to review the Commission’s evidence and propose corrective measures. Should their responses fall short, the EU could impose hefty fines per violation and per platform.
Defending the regulation, EU digital spokesperson Thomas Regnier emphasized that the DSA aims to safeguard — not stifle — free expression. “When accused of censorship, we demonstrate that the DSA does the opposite. It protects free speech and empowers EU citizens to challenge unilateral decisions made by Big Tech,” he said.
Meta and TikTok also remain subjects of separate EU investigations, including probes into whether they have done enough to mitigate the addictive impact of their platforms on young users.
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