Facebook and Instagram, two of the largest social media platforms globally, have been found in breach of the European Union’s Digital Services Act (DSA), according to a preliminary decision by the European Commission. The ruling highlights serious concerns regarding the platforms’ handling of illegal content, transparency, and content moderation practices. This development represents one of the most significant regulatory actions in the EU’s ongoing effort to enforce stricter accountability on tech giants and ensure safer online spaces for users.
The Digital Services Act, which came into force across the EU, establishes a legal framework aimed at improving transparency, protecting users from harmful and illegal content, and holding large platforms accountable for their operations. Among its key provisions are obligations for platforms to implement clear and effective systems for reporting and removing illegal content, ensure transparency in moderation practices, and provide researchers with meaningful access to public platform data. The European Commission’s preliminary findings indicate that Facebook and Instagram, both owned by Meta, are falling short on these obligations.
According to the Commission, one of the main issues lies in the obstacles users encounter when attempting to report illegal content or challenge moderation decisions. The platforms are accused of employing what regulators call “dark patterns”—deceptive interface designs that can confuse users or make it difficult to take action. These patterns may discourage reporting of illegal material, including sensitive content such as child sexual abuse imagery and terrorist propaganda, preventing the timely removal of dangerous content.
The Commission’s findings also note that both Meta and TikTok have implemented “burdensome procedures and tools” that hinder independent researchers from accessing public data on the platforms. This limitation restricts external analysis and oversight of content moderation practices, reducing transparency and accountability. By making research more complicated, these companies may unintentionally—or deliberately—obscure how they handle illegal content, raising further concerns about compliance with EU rules.
If these preliminary findings are confirmed in the final ruling, Meta and TikTok could face significant penalties. The Digital Services Act allows the European Commission to impose fines of up to six percent of a company’s annual worldwide revenue for serious violations. Given Meta’s global scale and substantial revenues, such fines could amount to billions of euros, making this one of the most consequential regulatory actions in the social media landscape.
Both companies have the option to challenge the EU’s findings or implement corrective measures before the Commission finalizes its decision. Historically, tech companies have sometimes responded to regulatory pressure by modifying their platforms’ user interfaces, content moderation policies, or transparency measures. Whether Meta and TikTok will take immediate steps to comply or pursue a legal challenge remains to be seen, but the preliminary ruling underscores the increasing regulatory scrutiny that platforms face in the EU.
The ruling also highlights a broader trend in global tech regulation. Governments and regulatory bodies worldwide are increasingly focused on the accountability of social media platforms. In addition to the EU, countries such as the United States, the United Kingdom, and Australia have introduced or are considering legislation to improve online safety, prevent the spread of illegal content, and increase transparency in content moderation. The European Commission’s action against Meta and TikTok could set an important precedent for other regulators around the world, signaling that failure to meet legal obligations carries substantial consequences.
From a user perspective, the findings have important implications. Social media users rely on platforms to provide safe environments, where illegal or harmful content is removed promptly. When reporting systems are confusing or ineffective, users are exposed to risks and may lose trust in the platforms. Effective moderation, combined with transparency and accessibility for independent research, is essential to maintain user confidence and ensure that social media serves as a positive tool for communication and information sharing.
The DSA emphasizes that platforms must not only remove illegal content but also demonstrate that they are doing so in a transparent and accountable way. This includes providing clear reporting mechanisms, responding efficiently to user complaints, and allowing independent researchers to study platform practices. By failing to meet these obligations, Facebook and Instagram are under scrutiny not just for the content on their platforms, but for how they enable users and external parties to hold them accountable.
For Meta, this comes at a challenging time. The company has faced growing criticism and regulatory attention over a variety of issues, including data privacy, algorithmic transparency, and the spread of harmful content. The EU’s preliminary findings add another layer of complexity to Meta’s operational landscape, particularly as the company seeks to maintain user engagement and growth while complying with increasingly strict regulatory standards.
TikTok, which has also been flagged for transparency violations, faces similar pressures. The platform has rapidly grown in popularity across Europe, attracting millions of users daily. Regulators have expressed concern about how TikTok manages content moderation and provides data access for researchers. Like Meta, TikTok must navigate the challenge of balancing user engagement, content moderation, and compliance with stringent EU rules.
In conclusion, the European Commission’s preliminary decision against Facebook, Instagram, and TikTok highlights the growing expectations for social media companies operating in the EU. Platforms must prioritize user safety, transparent moderation practices, and accessibility for research. Failure to comply with the Digital Services Act can result in substantial financial penalties and reputational damage, emphasizing that regulatory scrutiny in the digital space is only going to increase.
As this case develops, all eyes will be on Meta and TikTok to see how they respond. Whether through changes to platform design, moderation policies, or legal challenges, the companies’ next steps will shape the future of social media regulation in Europe and potentially influence similar actions around the world.