Meta violated the Digital Services Act (DSA) by failing to give Facebook and Instagram users simple mechanisms to report illegal content, the European Commission said in a preliminary decision announced yesterday. Meta also failed to give users an effective way to challenge content moderation decisions, the EC said.
“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, such as child sexual abuse material and terrorist content,” the EC press release said. The EC said that Meta mechanisms seem to “impose several unnecessary steps and additional demands on users. In addition, both Facebook and Instagram appear to use so-called ‘dark patterns,’ or deceptive interface designs, when it comes to the ‘Notice and Action’ mechanisms.”
The EC also found that the content moderation appeal mechanisms used by Facebook and Instagram do not “allow users to provide explanations or supporting evidence to substantiate their appeals. This makes it difficult for users in the EU to further explain why they disagree with Meta’s content decision, limiting the effectiveness of the appeals mechanism.”
The preliminary findings can be challenged by Meta before the commission makes a final decision. “If the Commission’s views are ultimately confirmed, the Commission may issue a non-compliance decision, which can trigger a fine of up to 6% of the total worldwide annual turnover of the provider,” the announcement said. “The Commission can also impose periodic penalty payments to compel a platform to comply.”
Trump admin angry about EU regulations
Punishing Meta could draw blowback from the Trump administration, which has objected to European regulation of US tech companies. President Trump has threatened big tariffs on countries that enforce digital services rules on US companies. “The EU reached a tariff agreement with the US in the summer that officials hope will limit further duties, but talks are continuing over the deal’s implementation,” The Wall Street Journal wrote.