The European Commission has accused Meta of breaching the Digital Services Act by complicating user reports of illegal content on Facebook and Instagram. The preliminary decision highlights issues with reporting mechanisms and appeal processes. It also flags similar data access problems for Meta and TikTok.
The European Commission announced on October 23, 2025, preliminary findings that Meta Platforms has violated the EU's Digital Services Act (DSA). Specifically, the Commission stated that Facebook and Instagram fail to provide simple mechanisms for users to report illegal content, such as child sexual abuse material and terrorist content.
"When it comes to Meta, neither Facebook nor Instagram appear to provide a user-friendly and easily accessible ‘Notice and Action’ mechanism for users to flag illegal content," the EC press release said. It criticized the platforms for imposing unnecessary steps and using 'dark patterns,' or deceptive designs, in these mechanisms. Additionally, appeal processes for content moderation decisions do not allow users to submit explanations or evidence, limiting their effectiveness.
The Commission also preliminarily determined that Meta and TikTok have not adequately granted researchers access to public data, burdening procedures and providing partial or unreliable information. This obligation under the DSA aims to enable scrutiny of platforms' impacts on health and safety.
Meta responded by disagreeing with the findings. "We disagree with any suggestion that we have breached the DSA, and we continue to negotiate with the European Commission on these matters," the company said. It noted recent changes to reporting options, appeals, and data tools to comply with the DSA.
TikTok, meanwhile, affirmed its commitment to transparency, having shared data with nearly 1,000 research teams, but highlighted tensions with the General Data Protection Regulation (GDPR). "If it is not possible to fully comply with both, we urge regulators to provide clarity," TikTok stated.
Meta can challenge the preliminary views before a final decision, which could result in fines up to 6% of its global annual turnover. The move risks tensions with the incoming Trump administration, which has threatened tariffs on EU digital regulations affecting US firms. FTC Chairman Andrew Ferguson recently warned companies against censoring content to meet foreign laws.