Report from Bloomberg
In Brief – The European Commission has issued a preliminary decision finding Meta’s Facebook and Instagram and TikTok all in breach of the Digital Services Act (DSA) for not allowing independent researchers to easily access data regarding content moderation on their platforms. The regulator also found the Meta platforms in violation of requirements to give users the ability to flag illegal content and challenge content moderation decisions, alleging that they do not provide user-friendly and easily accessible “Notice and Action” mechanisms for users to flag illegal content and used confusing “dark patterns” to dissuade users from filing challenges. The companies now have an opportunity to study and challenge the commission’s accusations and make commitments to address its findings. Both firms issued statements objecting to the findings and defended their DSA compliance efforts, with TikTok claiming that there are conflicts between DSA data sharing requirements and GDPR data protection mandates.
Context – The DSA regulates how digital platforms address a wide variety of objectionable content, including hate speech, disinformation, threats to children, along with illegal, dangerous and fraudulent products and services. The largest platforms, designated Very Large Online Platforms (VLOPs), face the strictest duties and are regulated by the Commission. VLOPs facing investigations include social media platforms X, Facebook, Instagram, and TikTok, marketplaces AliExpress and Temu, four adult platforms accused of not adequately protecting minors, and Apple, Google, Booking and Microsoft in a new investigation of efforts to block frauds and scams. Speech moderation on social media, which often involves politically contentious and sensitive topics, remains a top concern of the Trump Administration and other conservatives who allege censorship by government establishments and progressive platforms. Even with Elon Musk out of favor with President Trump, the Commission’s decisions in their investigation of X are likely to eventually be a major US-EU friction point.