Doomscrolling and risk of addiction: EU Commission demands changes from TikTok

Based on preliminary findings from an investigation lasting almost two years, the EU Commission has determined that the video platform TikTok is in violation of the Digital Services Act (DSA). The platform's design encourages people to stay on TikTok for as long as possible, the Commission announced on Friday in Brussels. It is now demanding a fundamental change to the app's design and further measures from TikTok.

From the Commission's perspective, the mechanisms the company uses to counter potential negative effects are insufficient. For example, TikTok has failed to prevent the risk of addiction, senior EU officials stated on Friday. There are no time limits, and the operator attempts to keep users in a kind of endless loop.

Commission Demands Changes

The supervisory authority also has several criticisms of TikTok's recommendation mechanism. Furthermore, the EU Commission sees a need for changes in the options available to parents to control or restrict children's access. The notification system is also designed to lure users into the service as frequently as possible.

"The Digital Services Act makes platforms responsible for the effects they can have on users," says EU Commission Vice-President Henna Virkkunen. Social media addiction is particularly dangerous for children and adolescents and negatively impacts their development. TikTok is the app most frequently used by children and adolescents in many European countries after midnight – yet there are no blocking times or comparable mechanisms in place.

The EU Commission initiated the investigation into TikTok in February 2024 and has now transmitted its findings to the company. TikTok now has the opportunity to remedy the situation. So far, the cooperation with the company has been constructive, according to EU officials. For instance, TikTok had reached an agreement with the Commission regarding the demanded advertising transparency and avoided a penalty.

However, this good cooperation might now come to an end: "The Commission's preliminary findings portray our platform in a categorically wrong and completely baseless light," explains a TikTok spokesperson. "We will take all necessary steps to contest these findings with all the means at our disposal."

Penalty Would Be the Next Step

It remains to be seen whether TikTok will effectively address the problems highlighted by the EU Commission – but the officials in Brussels do not want to give the company too much time. However, the EU Commission cannot shorten the legal process: Several weeks will now pass before it becomes clear whether TikTok complies with the Commission's demands. Only then can the Commission impose a formal penalty, which can amount to up to 6 percent of the company's total worldwide annual revenue. Daily fines against the operator are also possible under the DSA.

The proceedings against TikTok are the first DSA proceedings to have reached such an advanced stage and to address the design mechanisms of a platform. There is very little case law on this at the European level so far. The question of when app usage becomes addictive and thus poses a health risk has not yet been definitively answered by the highest courts or scientifically. However, the DSA obliges companies to include potential risks, the extent of which is not yet fully clarified, in their risk assessment and to prevent them.

(mack)