The European Commission (EC) on Tuesday initiated formal proceedings against TikTok for allegedly failing to limit election interference, especially in the recent Romanian presidential elections.
Potential DSA breach
The EC will carry out an in-depth investigation to assess if TikTok violated the Digital Services Act (DSA) on matters related to the management of risks to elections or civic discourse, according to a statement.
TikTok’s recommender systems will be assessed, particularly regarding the risks related to the coordinated inauthentic manipulation or automated exploitation of the service. Its policies on political advertisements and paid-for political content will also be evaluated.
Regarding both these elements, the commission said it would investigate whether TikTok has “diligently mitigated the risks posed by specific regional and linguistic aspects of national elections.”
This is the third investigation initiated by the EC against TikTok after an ongoing investigation opened in February and another investigation closed with commitments in August.
Key background
Earlier this month, the EC issued a retention order to TikTok under DSA, ordering it to freeze and preserve data related to actual or foreseeable systemic risks it could pose on electoral processes and civic discourse in the EU. This comes amid national elections in the European Union (EU) scheduled between November 24, 2024, and March 31, 2025.
The investigation follows information received from declassified intelligence reports from Romanian authorities, along with third-party reports, in addition to the analysis of risk assessment reports filed by the social media platform in 2023 and 2024. Internal documents provided by the platform and its replies to the EC’s requests for information were also considered.
What to watch for
The EC will now gather evidence, including via more requests for information, conducting interviews, monitoring actions and inspections, and requesting access to algorithms. It can take further enforcement steps such as interim measures and non-compliance decisions. The DSA does not specify a particular deadline for the conclusion of the proceedings.
Tangent
TikTok on Monday asked the US Supreme Court to temporarily halt a law forcing its Chinese parent, ByteDance, to sell the platform by January 19 or face a ban. Trump said in its election campaign that he would try to save the platform but he will step into the Oval Office on January 20, one day after the deadline faced by TikTok.
