Facebook and Instagram are reportedly breaching Europe’s Digital Services Act (DSA) rules related to illegal content handling, moderation, and transparency, according to a preliminary decision issued by the European Commission.

The report also states that Meta and TikTok have failed to comply with transparency obligations under the same regulation.

The Commission claims that Meta creates “confusing” barriers for Facebook and Instagram users when they attempt to flag illegal content or appeal moderation decisions. The platforms allegedly use “dark patterns”, deceptive interface designs that make it difficult for users to report or remove harmful materials such as child sexual abuse or terrorism-related content.

Furthermore, both Meta and TikTok are accused of maintaining “burdensome procedures and tools” that restrict researchers from accessing public data, a violation of the DSA’s transparency requirements.

If found guilty, the companies could face fines of up to six percent of their global annual revenue. Meta and TikTok now have the opportunity to contest the EU’s findings or take corrective measures before the European Commission issues its final decision.


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