EU accuses Meta and TikTok of breaking digital content material subject material rules

Introduction: EU Challenges Meta and TikTok Over Digital Content Law Violations

Brussels Takes Action Against Tech Giants The European Union has intensified its regulatory efforts against major technology companies, this time targeting Meta (parent company of Facebook and Instagram) and TikTok. On October 23, 2025, the European Commission issued preliminary findings accusing both platforms of breaching the Digital Services Act (DSA), a cornerstone regulation aimed at curbing illegal content, enhancing transparency, and protecting user rights. This marks a pivotal moment in the EU’s ongoing crackdown on Big Tech, with potential financial penalties and reputational risks looming for the accused platforms. The case highlights tensions between digital freedom and accountability, as well as the challenges of enforcing global content moderation standards.

Analysis: The Scope of the EU’s Accusations

Understanding the Digital Services Act (DSA)

The DSA, enacted in November 2022, mandates strict obligations for online platforms to ensure transparency, mitigate systemic risks, and respect user rights. Key requirements include:

• Transparent content moderation policies
• Access for independent researchers to assess compliance
• Clear mechanisms for users to report illegal content
• Prohibition of dark patterns—manipulative design tactics that obscure user choices

Why Are the EU and Commission Allegations Significant?

The EU is targeting two of the world’s largest platforms under the DSA:

• **Meta**: Accused of withholding data from researchers studying harmful content exposure, particularly to children. Critics argue that Facebook and Instagram’s opaque algorithms contribute to mental health risks and misinformation spread.
• **TikTok**: Criticized for failing to allow independent audits of its moderation practices. The EU also highlights TikTok’s struggles in balancing content removal mandates with China’s localization laws, which may conflict with DSA transparency rules.

These claims build on earlier investigations, including ongoing probes into TikTok’s data privacy practices under the General Data Protection Regulation (GDPR). The dual pressure from the DSA and GDPR creates a complex compliance landscape for both companies.

Summary

On October 23, 2025, the European Commission accused Meta and TikTok of violating the Digital Services Act by failing to grant researchers access to public data, obstructing content moderation transparency, and employing dark patterns. If proven, these breaches could result in fines of up to 6% of global revenue for each non-compliant service. Meta previously faced similar DSA scrutiny in 2024, though this is the first time TikTok is targeted under the rulebook. The case underscores the EU’s growing assertiveness in regulating global tech firms and its commitment to holding platforms accountable for user safety and transparency.

Key Points

Practical Advice for Tech Companies and Users

For Platforms: Prioritize Transparency and Compliance

• Conduct DSA compliance audits to identify gaps in content moderation and user data access policies.
• Adopt plain-language transparency reports to explain algorithmic decisions and content removal processes.
• Engage with independent researchers to build trust and improve safety frameworks.

For Users: Understand Rights Under the DSA

• Report illegal content through simplified mechanisms, such as direct links or in-app forms.
• Request explanations for content removals or account suspensions.
• Advocate for stronger moderation standards via public campaigns or petitions.

Points of Caution

Beware of Legal Ambiguities

The DSA’s evolving interpretation by the European Commission leaves room for disputes. Platforms must avoid assumptions about compliance thresholds and actively collaborate with regulators. For example, TikTok’s reliance on China’s data laws to limit transparency could worsen its regulatory standing.

Moderation Tools Aren’t a Panacea

While user reporting systems are required, they alone cannot address systemic issues like algorithmic bias. Platforms must pair these tools with proactive measures, such as AI-driven hate speech detection, to avoid further penalties.

Comparison: Meta vs. TikTok – Which Faces Greater Risk?

Meta’s Challenges

• Long-standing history of DSA scrutiny (e.g., 2024 investigations into child safety)
• Struggles with balancing monetization and content safety on Instagram and Facebook.

TikTok’s Unique Risk

• International geopolitical tensions over its Chinese ownership
• Unprecedented scrutiny of algorithmic transparency
• Greater reliance on automated moderation, raising accuracy concerns

While both face significant risks, TikTok’s dual pressure from the EU and China may lead to a landmark legal showdown with far-reaching implications for cross-border digital governance.

Legal Implications and Current Investigations

Fines Under the Digital Services Act

The DSA authorizes fines of up to 6% of global revenue for repeated non-compliance, which could amount to billions for Meta and TikTok. For context: Meta’s 2024 revenue exceeded $134 billion, and TikTok’s estimated 2025 global revenue is $200 billion.

Potential Courtroom Battles

If accused practices are deemed intentional or systematic, Meta and TikTok could face lawsuits from EU member states, NGOs, or users alleging harm from opaque moderation practices. Such cases would test the enforceability of the DSA beyond EU borders and set precedents for global tech regulation.

Free Speech vs. Accountability Debates

The EU argues that the DSA protects free speech by enabling users to challenge moderation decisions. Critics, however, warn that over-regulation risks stifling innovation. A recent Wall Street Journal study found that 63% of EU users support stricter content rules, but only 42% trust tech companies to self-regulate.

Conclusion: A New Era of Digital Accountability

The EU’s aggressive stance against Meta and TikTok reflects its ambition to position itself as a global leader in ethical tech regulation. By targeting transparency and content moderation, the DSA seeks to reshape how platforms operate, not just in Europe but worldwide. However, the success of this approach depends on harmonizing the DSA with other frameworks like the GDPR and addressing tensions between free speech, corporate accountability, and national security. As litigation unfolds, the outcome could redefine the future of digital governance.

Frequently Asked Questions (FAQ)

What Is the Digital Services Act (DSA)?

The DSA is an EU regulation that holds online platforms accountable for illegal content, ensures equitable competition, and grants users greater control over their data. It applies to platforms with over 45 million monthly active users in the EU.

How Could These Accusations Affect Users?

Users may see stricter content removal policies, clearer explanations for moderation decisions, and more accessible reporting tools. However, over-regulation could inadvertently reduce platform reach or creativity.

What Fines Are Possible Under the DSA?

Fines are tiered based on revenue and severity, with maximum penalties reaching 6% of annual global turnover for breaches like obstructing audits or misclassifying illegal content.

Is This a Global Trend?

Yes. The EU’s approach has inspired similar legislation in Brazil, India, and Canada. Compliance with the DSA could become a de facto standard for global tech operations.