Instagram and Facebook are breaking the EU’s illegal content rules
In a significant move highlighting the ongoing scrutiny of tech giants, the European Commission has issued a preliminary decision indicating that Facebook and Instagram, both owned by Meta, are in violation of the Digital Services Act (DSA). This legislation aims to enhance the accountability of online platforms, particularly regarding their handling of illegal content and the transparency of their moderation processes. The Commission’s findings suggest that both Meta and TikTok have created confusing barriers for users attempting to report illegal content, such as child sexual abuse material and terrorist propaganda. Specifically, the Commission points to the use of “dark patterns”—deceptive design choices that complicate user interactions—as a major concern, making it more difficult for users to flag harmful content or appeal moderation decisions.
The implications of these findings are substantial, as both Meta and TikTok could face fines of up to six percent of their annual global revenue if the violations are confirmed in an official ruling. This could amount to billions of euros, given Meta’s extensive financial footprint. Furthermore, the Commission has criticized the two companies for imposing cumbersome procedures that restrict researchers from accessing public data, which is essential for understanding the platforms’ impacts on society and for ensuring compliance with regulations. The platforms now have the opportunity to challenge the Commission’s findings or take corrective actions before a final decision is rendered. This situation underscores the increasing regulatory pressures on social media companies in Europe, as authorities seek to hold them accountable for their roles in managing harmful content online.
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Facebook and Instagram are breaching Europe’s
Digital Services Act (DSA)
rules related to the handling of illegal content, moderation, and transparency, according to a
preliminary decision issued by the European Commission
. TikTok and Meta have both also been found to be violating transparency obligations under the DSA.
The Commission says that Meta is imposing “confusing” obstacles for Facebook and Instagram users to flag illegal content and challenge moderation decisions, finding that the platforms “appear to use so-called ‘dark patterns’, or deceptive interface designs” that can hinder the removal of content like child sexual abuse and terrorism materials. Meta and TikTok are also found to have “burdensome procedures and tools” in place that prevent researchers from accessing public data.
Both companies are now facing fines of up to six percent of their annual worldwide revenue, pending an official ruling. The platforms can challenge the EU’s findings or take measures to address these concerns before the Commission issues a final decision.
