European Commission Launches Formal Proceedings Against Meta Over Alleged DSA Violations

In a move to uphold digital regulations and safeguard democratic processes, the European Commission has initiated formal proceedings to investigate potential breaches of the Digital Services Act (DSA) by Meta, the parent company of Facebook and Instagram.

Commission President Ursula von der Leyen underscored the Commission's commitment to protecting European citizens from targeted disinformation and manipulation, especially during democratic elections. She emphasized that digital platforms must fulfill their obligations and allocate sufficient resources to combat such threats effectively. Von der Leyen also acknowledged the collaborative efforts of Member States, particularly highlighting Prime Minister Fiala of the Czech Republic and Belgium's activation of the emergency mechanism for information exchange.

The suspected violations revolve around Meta's policies concerning deceptive advertising, political content, and the availability of real-time civic discourse and election-monitoring tools. The Commission's concerns stem from Meta's practices, including its handling of deceptive advertisements, disinformation campaigns, and the demotion of political content on its platforms.

Specific areas of focus in the investigation include:

  1. Deceptive Advertisements and Disinformation: The Commission questions Meta's compliance with DSA obligations regarding the dissemination of deceptive advertisements and disinformation within the EU. Such content poses risks to civic discourse, electoral processes, fundamental rights, and consumer protection.

  2. Visibility of Political Content: Meta's 'political content approach,' which affects the visibility of political content on Facebook and Instagram, is under scrutiny for its compliance with transparency and user redress obligations. The investigation aims to assess potential risks to civic discourse and electoral processes posed by this policy.

  3. Availability of Real-Time Monitoring Tools: Meta's decision to deprecate its real-time insights tool, CrowdTangle, without a suitable replacement has raised concerns. The Commission suspects that this action may hinder effective monitoring of civic discourse and electoral processes, particularly ahead of upcoming elections.

  4. Flagging Illegal Content: The Commission questions the effectiveness of Meta's notice and action mechanism for flagging illegal content, including its accessibility and user-friendliness. Additionally, concerns arise regarding Meta's internal complaint-handling system for content moderation decisions.

If proven, these alleged failures would constitute infringements of various articles of the DSA. The Commission will conduct an in-depth investigation to ascertain the validity of these concerns.

The formal proceedings empower the Commission to gather evidence, enforce interim measures, and accept commitments from Meta to address the issues raised. The duration of the investigation will depend on factors such as case complexity and Meta's cooperation.

Background:

Meta's designation as a Very Large Online Platform (VLOP) under the DSA in April 2023 subjected it to compliance obligations. Since February 17, the DSA has applied to all online intermediaries in the EU.

The European Commission's actions underscore its commitment to ensuring digital platforms operate within regulatory frameworks, uphold democratic principles, and protect user interests. As the investigation progresses, the Commission aims to uphold the integrity of digital spaces and electoral processes across the EU.

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