The European Commission has issued preliminary findings that TikTok and Meta failed to meet transparency obligations under the Digital Services Act (DSA), specifically on granting researchers adequate access to public data. The Commission also says Meta, for Facebook and Instagram, appears to fall short on providing simple tools to report illegal content and on allowing users to effectively appeal content moderation decisions.
The Commission’s initial view is that Facebook, Instagram and TikTok use procedures that are burdensome for researchers and yield partial or unreliable datasets. This, it says, undermines public scrutiny of whether users, including minors, are exposed to illegal or harmful content. Ensuring vetted researcher access to platform data is a core transparency duty under the DSA.
Notice and action mechanisms
For Meta, the Commission says neither Facebook nor Instagram offers a user friendly and easily accessible notice and action pathway to flag illegal content, such as child sexual abuse material or terrorist content. It adds that the current flows impose unnecessary steps and appear to rely on deceptive interface designs, often called dark patterns, which can confuse or deter users. If notice tools are ineffective and platforms fail to act after being informed of illegal content, they may not benefit from DSA liability exemptions.
Under the DSA, users in the EU have a right to challenge moderation decisions. The Commission’s preliminary assessment is that the appeal tools on Facebook and Instagram do not allow users to provide explanations or evidence to support their case, which limits the effectiveness of appeals.
Process and next steps
These are preliminary views that do not prejudge the outcome. Facebook, Instagram and TikTok can review the case files and submit written replies. They can also take remedial steps. The European Board for Digital Services will be consulted in parallel.
If the findings are confirmed, the Commission may adopt a non compliance decision. Penalties can reach up to 6 percent of a provider’s total worldwide annual turnover, and periodic penalty payments can be imposed to compel compliance.
A delegated act on researcher data access enters into force on 29 October 2025. It will open controlled access to certain non public data from very large online platforms and search engines to strengthen accountability and risk assessment.
These preliminary findings are part of ongoing formal proceedings into Meta and TikTok under the DSA, separate from other EU investigations into compliance with different laws. The assessment concerning Meta’s reporting tool design and complaint mechanisms draws on cooperation with Coimisiún na Meán, the Irish Digital Services Coordinator.
Henna Virkkunen, Executive Vice President for Tech Sovereignty, Security and Democracy, said that platforms must empower users, respect their rights and open their systems to scrutiny, and that the DSA makes this a duty rather than a choice.