Key Points
- Meta (Facebook and Instagram) has been found in preliminary breach of the EU’s Digital Services Act (DSA) over its user complaints and content flagging mechanisms.
- The European Commission asserts that the platforms introduced “unnecessary steps” and used “dark patterns” that made the process of reporting illegal content “confusing and dissuading.”
- This initial finding intensifies EU digital regulation enforcement and could lead to fines up to 6% of Meta’s global annual revenue if confirmed in a final decision.
The European Commission has delivered a significant blow to Meta Platforms, the parent company of Facebook and Instagram, by issuing a preliminary finding that its systems for users to flag illegal content are “ineffective” and breach the bloc’s landmark Digital Services Act (DSA).
The DSA, a important piece of EU digital regulation, mandates Very Large Online Platforms (VLOPs) to implement robust and user-friendly mechanisms for reporting content that violates European or national law, such as child sexual abuse material and terrorist content.
The Commission’s preliminary assessment, which followed an in-depth investigation, suggests that both Facebook and Instagram have failed to provide an easily accessible ‘Notice and Action’ mechanism, as reported by The Guardian.
The Problem of ‘Dark Patterns’ and Red Tape
A core element of the Commission’s concern is the use of design practices that complicate the reporting process. A senior EU official noted that the current mechanisms for complaints were “too difficult for users to go through to the end,” resulting not only in ineffectiveness but also a disincentive for users to engage.
Specifically, the Commission’s initial finding states that Meta’s platforms appear to employ “dark patterns,” or deceptive interface designs, within the reporting mechanism. This manipulative design can be “confusing and dissuading” to users attempting to fulfill their civic duty of notifying platforms about illegal content, as reported by the European Commission’s press release.
The investigation also looked into content moderation appeals, finding that users whose content or accounts were suspended did not have a mechanism that “allow[s] users to provide explanations or evidence to substantiate their appeals, limiting its effectiveness.”
Researcher Access and Transparency Concerns
The probe extended beyond user-facing complaints to address crucial transparency obligations under the DSA. The European Commission also made a preliminary finding that both Meta (for Facebook and Instagram) and TikTok were in breach of their obligation to grant researchers adequate access to public data.
The Commission contends that the companies may have put “burdensome procedures and tools” in place for researchers requesting access to data.
This alleged lack of accessibility means researchers are often left with “partial or unreliable data,” which directly impacts their ability to scrutinize how users, particularly minors, are exposed to harmful or illegal content, according to a press release from the European Commission. The DSA expressly makes access to data an “essential transparency obligation.”
Meta Disagrees as Enforcement Looms
The tech giant has swiftly responded to the Commission’s preliminary findings, expressing disagreement with the suggestion that it has breached the DSA. A Meta spokesperson stated, “We disagree with any suggestion that we have breached the DSA, and we continue to negotiate with the European Commission on these matters.”
They further added that the company has “introduced changes to our content reporting options, appeals process, and data access tools since the DSA came into force and are confident that these solutions match what is required under the law in the EU.”
Intensifying Global Regulatory Landscape
The investigation, carried out in cooperation with Coimisiún na Meán, the Irish digital services coordinator, is a clear indication that EU regulators are actively using the powers granted under the DSA to enforce stricter rules for Very Large Online Platforms.
The development follows earlier actions by the EU, including the enforcement of the Digital Markets Act (DMA), under which Meta has already faced fines related to its “pay-or-okay” advertising model.
The outcome of this DSA probe will be closely watched, as it will determine the real-world power of the most comprehensive piece of EU digital regulation to date.
