The European Commission has accused Meta Platforms, the parent company of Facebook and Instagram, of violating the European Union’s Digital Services Act (DSA) by making it unnecessarily difficult for users to report illegal online content and challenge moderation decisions.
In its preliminary findings, the Commission said both platforms lack a user-friendly “Notice and Action” system — the mechanism that allows people to flag unlawful material such as child sexual abuse content or terrorist propaganda. Regulators noted that users face multiple steps and confusing options before they can file a report. The Commission also claimed that Meta’s interface relies on “dark patterns”, which are design features that subtly discourage users from completing certain actions, such as submitting reports.
According to the Commission, Meta’s appeal process also falls short of DSA requirements. The current system allegedly prevents users from adding explanations or submitting supporting evidence when disputing a moderation decision. This, the regulator said, limits users’ ability to express why they believe a decision was unfair and weakens the overall transparency of Meta’s content moderation practices.
The European Commission’s findings are not final, and Meta has the opportunity to respond before any enforcement action is taken. If the Commission confirms these violations, it could issue a non-compliance decision, which may result in penalties of up to 6 percent of Meta’s global annual revenue. The Commission may also impose recurring fines until the company aligns its operations with EU law.
Meta, in a public statement, said it “disagrees with any suggestion” that it breached the DSA. The company stated that it has already made several updates to comply with the law, including revisions to content reporting options, appeals procedures, and data access tools.
The European Commission also raised similar concerns about TikTok, saying that both companies have limited researchers’ access to public data on their platforms. The DSA requires large online platforms to provide sufficient data access so independent researchers can analyze potential harms — for example, whether minors are exposed to illegal or harmful content. The Commission’s review concluded that the data-access tools of Facebook, Instagram, and TikTok are burdensome and leave researchers with incomplete or unreliable datasets, which hinders academic and policy research.
TikTok responded that it has provided data to almost 1,000 research teams and remains committed to transparency. However, the company noted that the DSA’s data-sharing obligations sometimes conflict with the General Data Protection Regulation (GDPR), making it difficult to comply with both laws simultaneously. TikTok urged European regulators to offer clarity on how these two frameworks should be balanced.
Beyond Europe, the investigation may strain relations with the United States. American officials have previously criticized the EU for imposing regulatory burdens on U.S.-based tech firms. U.S. FTC Chairman Andrew Ferguson recently warned companies that censoring or modifying content to satisfy foreign governments could violate U.S. law. Former President Donald Trump has also expressed opposition to EU digital rules and even threatened tariffs against countries enforcing them.
For now, the Commission’s investigation continues. If confirmed, the case could set a major precedent for how global social media companies manage user safety, transparency, and accountability under Europe’s strict online governance laws.
