Arcom takes note of the European Commission's preliminary conclusions regarding TikTok and the Meta group (Facebook and Instagram) and supports its determination to enforce the Digital Services Regulation (DSR).
On Friday, October 24, 2025, Arcom learned of the European Commission's preliminary conclusions concerning the failure of TikTok and Meta to meet several of their obligations under the Digital Services Regulation (DSR ) with regard to the moderation of content published by their users and access to their data by researchers.
These findings, which follow formal proceedings initiated by the European Commission last year against these digital platforms, demonstrate the Commission's ability to require online platforms to comply strictly with their obligations in terms of public protection and transparency.
Designated, under the RSN, as "coordinator for digital services" (CSN) for France - responsible for ensuring the coherent implementation of this European regulation on a national scale - Arcom salutes the work of the European Commission, carried out in cooperation with Coimisiún na Meán, the Irish coordinator for digital services. The Authority summons Meta and Tiktok to take these findings into account and comply. Should they fail to do so, it would urge the European Commissioner to take the utmost care in implementing the legal sanctions provided for in the RSN.
Find below the main preliminary conclusions of the European Commission:
Data access for researchers
The Digital Services Regulation makes provision for providers of very large online platforms to give researchers who meet the conditions set out in the RSN (including those from civil society, affiliated to non-profit organizations and associations)access, in real time, to publicly accessible data on their online interface. This data enables them to contribute to the detection of systemic risks in the European Union, and to determine whether users, including persons under 18, are exposed to illegal or harmful content.
In its conclusions, the European Commission states that Facebook, Instagram and TikTok have allegedly put in place excessively restrictive procedures and tools for researchers wishing to access their public data.
Reporting mechanisms
In its preliminary conclusions, the European Commission states that, in breach of its obligations, the Meta group, through its subsidiaries Facebook and Instagram, failed to provide the public with simple mechanisms for reporting illegal content.
In particular, the Commission considers that the content reporting mechanisms proposed by Facebook and Instagram could constitute misleading interfaces (or dark patterns), proscribed by the RSN, and which could be a source of confusion and a deterrent for their users.
The existence of mechanisms for reporting unlawful content and their ease of use are obligations for any platform subject to the RSN. They are essential if platform users are to actively contribute to a safer Internet.
Appeals against content moderation decisions
The Digital Services Regulation supplies users with the possibility of challenging moderation decisions (deletion or restriction of visibility of content, demonetization, account suspension or deletion, decision taken following a report) taken in their regard by online platforms. According to the European Commission, Facebook's and Instagram's appeal mechanisms do not allow users to provide explanations or evidence in support of their appeals, preventing them from justifying their disagreement with a moderation decision and ultimately limiting the effectiveness of the appeal mechanism.
The European Commission's press release
Press release
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