The European Commission has initiated formal proceedings against TikTok, the popular social media platform, over concerns about potential violations of the Digital Services Act (DSA). This action stems from evidence suggesting Russian interference in the Romanian presidential election held on November 24th, 2024, where the unexpected victory of an independent nationalist and Eurosceptic candidate, Georgescu, raised red flags. The subsequent annulment of the election by the Constitutional Court, based on evidence of foreign interference presented by Romanian intelligence services, particularly focusing on TikTok’s role, prompted the Commission to scrutinize the platform’s compliance with EU regulations. The Commission’s investigation centers on two key aspects of TikTok’s operations: the functionality of its recommendation algorithm and the platform’s handling of political advertisements, particularly with regards to clear labeling requirements.
The Commission’s concerns regarding TikTok’s recommendation algorithm stem from the suspicion that it may have amplified the reach of content promoting Georgescu’s candidacy in a non-organic manner. The proliferation of pro-Georgescu content, potentially boosted by bots and fake accounts, suggests a possible manipulation of the platform’s algorithm to influence the election outcome. This raises questions about TikTok’s ability to effectively mitigate risks related to election integrity, a core requirement under the DSA. The Commission aims to determine whether TikTok’s algorithmic processes inadvertently or intentionally favored certain political narratives, potentially undermining the fairness and transparency of the electoral process.
Furthermore, the Commission’s inquiry extends to TikTok’s management of political advertising, particularly focusing on the crucial aspect of clear labeling. The DSA mandates transparent identification of political advertisements to ensure users are aware of the nature of the content they consume. The Commission is investigating whether TikTok adequately enforced this requirement during the Romanian election, ensuring that all political ads were clearly labeled as such. A failure to do so could have misled voters and contributed to the spread of disinformation, thereby impacting the integrity of the election.
The initiation of formal proceedings marks the commencement of a comprehensive investigation into TikTok’s compliance with the DSA. The Commission will gather further data and evidence to ascertain whether the platform indeed violated EU law. This process involves several stages, beginning with requests for information from TikTok regarding its actions to mitigate algorithmic bias during the Romanian election. Subsequently, the Commission issued a “retention order,” compelling TikTok to preserve and provide data related to its recommendation systems for the period encompassing the election and its aftermath. Finally, following the declassification of Romanian intelligence reports on foreign interference, the Commission requested urgent information from TikTok to further its investigation.
The Commission’s actions underline its commitment to upholding the integrity of democratic processes within the EU and holding online platforms accountable for their role in mitigating risks related to disinformation and manipulation. The potential consequences for TikTok, if found non-compliant with the DSA, are significant, including fines of up to 6% of its global revenue. This case sets a precedent for the enforcement of the DSA and underscores the Commission’s determination to ensure that online platforms operate within the boundaries of EU law, particularly during sensitive periods like elections. The outcome of this investigation will have far-reaching implications for the regulation of online platforms and their responsibility in safeguarding democratic processes.
The European Commission’s President, Ursula von der Leyen, emphasized the importance of swift and decisive action in cases of suspected foreign interference, particularly during elections. She stressed that all online platforms operating within the EU, including TikTok, must be held accountable for their role in ensuring the integrity of democratic processes. This statement reflects the Commission’s broader strategy to regulate the digital sphere and address the challenges posed by disinformation, manipulation, and foreign interference, particularly through online platforms. The investigation into TikTok’s practices serves as a critical test case for the effectiveness of the DSA in safeguarding democratic values in the digital age.
