The European Commission has preliminarily found that TikTok and Meta violated their transparency and user-rights obligations under the Digital Services Act (DSA). The findings, published on October 27, 2025, allege that both platforms restricted researcher access to public data and, in Meta’s case, failed to provide effective tools for users to report illegal content or appeal moderation decisions.
If confirmed, the findings could lead to fines of up to 6% of each company’s global annual turnover, as provided under the DSA. Both TikTok and Meta now have the opportunity to respond and propose corrective measures before the Commission issues a final decision.
Commission Flags Barriers to Researcher Access
The Commission’s investigation found that TikTok, along with Facebook and Instagram (both owned by Meta), may have created overly complex and restrictive procedures for researchers seeking access to public platform data.
These procedures often left researchers with partial or unreliable data, limiting their ability to study issues such as the exposure of minors to harmful or illegal content. Researcher access to platform data is a key transparency obligation under the DSA, particularly for Very Large Online Platforms (VLOPs) like TikTok, Facebook, and Instagram.
Moreover, the Commission stated that allowing researchers to access platform data is essential for public scrutiny of how online platforms affect mental health, civic discourse, and information integrity. It added that such transparency is vital for understanding how algorithms and recommendation systems shape online experiences.
Meta’s Notice and Action Systems Found Lacking
For Meta, the preliminary findings extend beyond data access to two core user-protection mechanisms.
First, the Notice and Action system, which allows users to report illegal content such as child sexual abuse or terrorist material, was found to be neither user-friendly nor easily accessible. The Commission said Meta imposes unnecessary procedural hurdles and uses dark patterns, or misleading interface designs, that discourage users from completing their reports.
These design practices, the Commission warned, may render Meta’s reporting tools ineffective. Under the DSA, platforms must act “expeditiously” after being notified of illegal content to retain their liability exemption. Failure to do so can make them legally responsible for user-generated material.
Furthermore, the Commission noted that Notice and Action mechanisms are key to enabling both users and trusted flaggers to inform platforms about illegal content under EU and national laws.
In addition, the Commission found Meta’s appeal process for moderation decisions inadequate. Users currently have limited ability to explain their position or submit evidence when contesting account suspensions or takedowns. This limits the fairness and effectiveness of the appeal system and undermines user rights…
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