The European Commission has accused Meta of breaching the European Union’s Digital Services Act (DSA), alleging that Facebook and Instagram fail to provide users with simple and accessible ways to report illegal content.
In a preliminary ruling, the Commission said Meta’s platforms use “dark patterns” or deceptive design techniques that make it unnecessarily difficult for users to flag material such as child sexual abuse or terrorist content.
“Neither Facebook nor Instagram appear to provide a user-friendly and easily accessible ‘Notice and Action’ mechanism,” the Commission said in a statement. “Meta’s systems impose several unnecessary steps and additional demands on users.”
The EC also found that Meta’s appeal processes do not allow users to present explanations or evidence when contesting content moderation decisions, limiting their ability to challenge removals or restrictions.
If the findings are confirmed, Meta could face penalties of up to 6% of its global annual turnover, along with possible periodic fines for non-compliance. Meta has the opportunity to respond before a final decision is issued.
Meta pushes back
Meta said it disagrees with the European Commission’s interpretation and maintains that its operations comply with the DSA.
“We disagree with any suggestion that we have breached the DSA,” the company said.
“We have made significant changes to our content reporting options, appeals process, and data access tools since the law came into force, and we believe these meet the EU’s requirements.”
Transatlantic tensions rise
The case comes amid mounting tensions between Brussels and Washington over the regulation of US tech giants. The Trump administration has warned that EU measures targeting American firms could trigger new tariffs.
US Federal Trade Commission (FTC) Chair Andrew Ferguson recently sent letters to several technology companies, cautioning that “censoring Americans to comply with a foreign power’s laws” could violate US law.
TikTok also under scrutiny
Meta is not alone in facing EU scrutiny. The Commission also said it had preliminary evidence that Meta and TikTok failed to provide adequate data access to independent researchers, another key DSA requirement.
The EC argued that the platforms’ processes for granting researchers access to public data are “burdensome” and result in “partial or unreliable data”, undermining studies on issues such as online harms to minors.
TikTok, for its part, said it remains “committed to transparency” and has shared data with nearly 1,000 research teams. However, the company warned that some DSA requirements may conflict with Europe’s data privacy law, the GDPR.
“If it is not possible to fully comply with both, we urge regulators to provide clarity on how these obligations should be reconciled,” TikTok said.
What’s next
The EU’s investigation adds to the growing list of challenges facing global social media companies under the DSA, a sweeping law designed to increase accountability and transparency in online platforms.
If confirmed, the ruling could set a major precedent for enforcement under the DSA, which has already prompted major compliance efforts across the tech industry.
