The European Commission issued a preliminary finding today that TikTok, the short video platform, had violated the Digital Services Act because of its “addictionary” design. The Committee notes that a number of functions, including an unlimited rolling, automatic play, a push notification and a highly personalized referral system, may pose a risk to the physical and mental health of users, especially minors and vulnerable adults.
The Commission ‘ s investigation revealed that TikTok failed to adequately assess how these design options could lead to forced sexual behaviour. By continuing to reward users with new content, the platform may push users into the “automated driving model” described by the regulator, thereby weakening user self-control and increasing the impulse to keep browsing. The Committee also emphasizes that TikTok failed to take due account of the relevant indicators of “problem use”, such as the length of application for minors at night and the frequency of user access. The regulator further noted that TikTok did not appear to have implemented effective risk mitigation measures. The existing time-use management and parental control tools are considered to be limited and easily closed.
At the same time, the EU found that parental control functions may impose excessive operational burdens and technical knowledge requirements on guardians, making it difficult to be effective. At this stage, the Committee was of the view that TikTok might need to adjust the core elements of its services, including the phasing out of some of its addictive functions, the introduction of an effective screen break-up mechanism and the adjustment of its recommended algorithm. TikTok now has the right to respond to the findings of the investigation. If the conclusions are finally confirmed, the European Commission may make a finding of non-compliance and impose a fine of up to 6 per cent of TikTok ‘ s global annual turnover.
