The European Union (EU) has initiated a formal investigation into TikTok’s adherence to the Digital Services Act (DSA), focusing on the platform’s compliance with regulations designed to ensure the safety and transparency of digital services.
The investigation targets several critical areas as stated in a press release:
- Protection of minors
- Transparency of advertising practices
- Data accessibility for academic and research purposes
- Management of systems that could potentially foster addiction or propagate harmful content.
This move marks a significant step in applying the DSA’s comprehensive rules, which demand higher transparency and accountability from online platforms, especially those with substantial user bases like TikTok.
Exploring the Scope of the Investigation
The DSA, a comprehensive set of rules designed to govern online platforms and content moderation, has been broadly applicable to numerous services since its recent enactment. However, larger platforms like TikTok have been subjected to additional obligations, including those related to algorithmic transparency and systemic risk management. These are the focal points of the current investigation.
Violations of the DSA carry severe penalties, with fines potentially reaching up to 6% of a company’s global annual turnover, underscoring the serious consequences of non-compliance.
This investigation follows a period of intensive information gathering by the Commission, which has included requests to TikTok for details on its practices concerning child protection and misinformation risks. The scrutiny of TikTok by EU authorities predates the implementation of the DSA, with the platform having previously been compelled to adjust its operations in response to concerns over child safety and privacy raised by regional consumer protection bodies in June 2022.
The Commission intends to escalate its requests for information from TikTok, possibly incorporating interviews, inspections, and demands for additional data. The timeline for the investigation remains open-ended, dependent on various factors such as the case’s complexity and the degree of cooperation from TikTok.
How is TikTok Responding to EU’s Regulatory Concerns?
In response to the formal investigation, a TikTok spokesperson asserted the platform’s commitment to protecting teens and preventing access by users under 13, a challenge faced industry-wide. The spokesperson expressed the company’s readiness to engage with the Commission and detail its protective measures.
Despite TikTok’s efforts to address the EU’s concerns, including the submission of all requested information and proposals for dialogue with Commission officials, the platform awaits feedback and the acceptance of its invitation for a meeting focused on internal child safety protocols.
Focus Areas of the Commission’s Investigation
The Commission’s probe into TikTok’s compliance with the Digital Services Act (DSA) will thoroughly examine several critical aspects, including:
- System Design and Algorithms:
- Assessing potential “negative effects” on users’ well-being.
- Investigating if the platform’s design promotes behavioral addictions or leads users to harmful content.
- Protection of Minors:
- Evaluating the effectiveness of TikTok’s age verification tools and protective measures.
- Ensuring these measures are robust and effective in safeguarding minors from inappropriate content.
- Ad Transparency:
- Assessing TikTok’s compliance with DSA demands for transparent advertising practices.
- Reviewing the adequacy of TikTok’s ad library and whether it meets the regulatory requirements for ad transparency.
- Data Accessibility for Research:
- Examining TikTok’s provision of data to researchers studying systemic risks and the platform’s impact in the EU.
- Ensuring TikTok’s efforts, such as the expansion of its research API, fulfill the DSA’s transparency and data accessibility requirements.
Margrethe Vestager, EVP for Digital, emphasized the importance of online safety and the need for TikTok to rigorously evaluate its services. Thierry Breton, Internal Market Commissioner, highlighted the protection of minors as a priority, stressing TikTok’s responsibility due to its extensive reach among children and teenagers.
This inquiry marks the second of its kind under the DSA, following a similar action against Elon Musk-owned X (formerly Twitter). The EU’s approach underscores its commitment to enforcing digital laws stringently, with potential interim measures available to address concerns before the conclusion of formal proceedings.
With over 135.9 million monthly active users in the EU, TikTok falls squarely under the DSA’s purview for platforms with significant regional user bases. The outcome of this investigation will not only impact TikTok but could also set a precedent for how digital platforms operate within the European Union, particularly in safeguarding the privacy, safety, and security of minors.
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Featured Image courtesy of DADO RUVIC/REUTERS