The European Union has charged Meta Platforms Inc. for allegedly failing to properly handle illegal content on Facebook and Instagram, marking the bloc’s first such accusation against a major social media company under its landmark Digital Services Act (DSA).
The European Commission, the EU’s executive arm, said on Friday that Meta’s systems for reporting illegal material—such as child sexual abuse imagery and terrorist propaganda—violate the DSA’s transparency and user protection rules.
The Commission said Meta’s mechanisms make it unnecessarily difficult for users to flag harmful content, using what it described as “deceptive interface designs” that may discourage users from reporting violations.
“Such practices can be confusing and dissuading,” the Commission noted.
“Meta’s mechanisms to flag and remove illegal content may therefore be ineffective. Under the DSA, ‘Notice and Action’ mechanisms are key to allowing EU users to inform online platforms that certain content does not comply with EU or national laws.”
Commission also says Meta and TikTok breached research data-sharing rules
Alongside its charges against Meta, the European Commission also accused the company, and Chinese-owned TikTok, of breaching their obligation to grant researchers sufficient access to public data, another key requirement of the DSA.
The DSA requires large online platforms to provide vetted researchers with access to publicly available data so that independent experts can analyse how platforms manage content, disinformation, and algorithmic amplification.
The Commission’s preliminary findings suggest both Meta and TikTok have failed to meet this standard.
Meta spokesperson Ben Walters said the company disagreed with the Commission’s assessment.
“We disagree with any suggestion that we have breached the DSA, and we continue to negotiate with the Commission on these issues,” Walters said.
“We have 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.”
TikTok spokesperson Paolo Ganino said the platform was reviewing the Commission’s findings but raised concerns that the DSA’s data-sharing rules may conflict with the EU’s General Data Protection Regulation (GDPR).
“If it is not possible to fully comply with both, we urge regulators to provide clarity on how these obligations should be reconciled,” Ganino said, adding that TikTok has already given nearly 1,000 research teams access to data through its research tools.
Possible fines and geopolitical friction
The preliminary findings do not represent a final ruling, and both companies now have the opportunity to review the Commission’s conclusions and propose remedies.
However, if the breaches are confirmed, Meta and TikTok could face fines of up to 6% of their annual global revenue.
The case also has potential geopolitical implications.
The Trump administration has previously criticised the EU’s digital regulations, claiming they unfairly target US companies and amount to attempts at censorship.
Washington has described the DSA as “Orwellian” and has warned that such measures could inflame transatlantic tensions.
EU’s broader crackdown on Big Tech
The Digital Services Act, which came into force in 2024, is central to the EU’s efforts to impose stricter standards on the world’s largest technology firms.
It compels platforms to take more responsibility for illegal or harmful content, increase transparency in algorithmic systems, and ensure fair access to data for researchers.
Friday’s charges underscore the bloc’s determination to enforce the law vigorously and hold platforms accountable for the societal risks they pose.
If the Commission proceeds with penalties, the Meta case could set a precedent for how Europe intends to police digital platforms—and test the limits of how far the EU’s regulatory reach can extend across global tech giants.
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