BRUSSELS

The European Commission on Friday preliminarily found TikTok and Meta in breach of their obligations under the EU Digital Services Act (DSA) to provide researchers with adequate access to public data.

The commission said in a statement that its preliminary investigation revealed that Facebook, Instagram, and TikTok may have imposed cumbersome procedures and tools for researchers seeking access to public platform data, often resulting in partial or unreliable information.

Such restrictions could limit research into the exposure of users, including minors, to illegal or harmful content, it added.

"Allowing researchers access to platforms' data is an essential transparency obligation under the DSA, as it provides public scrutiny into the potential impact of platforms on our physical and mental health," the commission noted.

Also, Meta was preliminarily found to have violated obligations related to user reporting and content moderation. Both Facebook and Instagram reportedly lack user-friendly mechanisms for reporting illegal content, and their tools may employ "dark patterns" or confusing interface designs.

The commission also noted that content moderation appeal processes on Meta platforms do not allow users to provide sufficient explanations or evidence to support their complaints, reducing the effectiveness of the appeals.

It stressed that these are preliminary findings and do not prejudge the outcome of the investigation. TikTok and Meta now have the opportunity to review the investigation documents and respond in writing.

If confirmed, non-compliance could trigger fines of up to 6% of the companies' worldwide annual turnover and periodic penalties to enforce compliance.

"Our democracies depend on trust. That means platforms must empower users, respect their rights, and open their systems to scrutiny," Henna Virkkunen, executive vice-president of the European Commission for tech sovereignty, security and democracy, said.