Report from MediaPost
In Brief – Meta Platforms WhatsApp is likely to be classified as a Very Large Online Platform (VLOP) by the European Commission which will bring it under the strictest regulatory guidelines of the EU’s Digital Services Act (DSA). The DSA categorizes digital platforms carrying user-generated content, as well as search engines, that have more than 45 million users per month in the EU as VLOPs that must comply with heightened duties, including regular risk assessments, implementing a reporting system for illegal content, and direct regulation by the European Commission. Although person-to-person messaging services are not regulated by the DSA, WhatsApp’s “open channels” service, a one-to-many broadcast feature that allows public figures, media outlets, and creators to send updates to followers is considered a covered platform service. Last year, Meta published WhatsApp Channels’ user numbers above the VLOP threshold, raising issues regarding regulation of a platform primarily used for direct messaging. Once so designated, the platform has four months to comply with the DSA’s rules.
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. There are currently 25 VLOPs, including Meta’s Instagram and Facebook. VLOPs facing investigation by the Commission include 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 an 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 European government establishments and progressive platforms. The Commission’s eventual decision in their investigation of X’s basic content moderation and algorithmic recommendation practices is likely to be a major US-EU friction point this year.