TikTok Safety Policies For Minors Violate Digital Services Act: EU

Following its approval of X’s action plan to reverse Digital Services Act (DSA) violations, the European Commission (EC) has accused TikTok of failing to meet the DSA-required safety standards for minors on the video-sharing platform, citing potential risks such as cyberbullying and predatory behaviors. 

Last week, the EC sent TikTok its preliminary findings, linking the company’s primary DSA violations to minors’ ability to choose to set their account to “public,” which allows anyone on the app to view their content and recommends content made by “older minors” in their main feed.

“This exposure could result in unwanted contact from potential perpetrators and a risk that content can be used for cyberbullying,” the EC writes. “This feature potentially gives strangers a window into a child's life.”

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The EC is also concerned about the lifespan of minors’ published content, as it could “follow them into adulthood” and pose issues for future opportunities depending on what they are posting as teens. 

Beyond having a public-facing account, the EC’s findings express concerns about minors’ private TikTok accounts as well, as they can be found by adults via the “following” and “followers” lists of other users. Additionally, their profile photos can be viewed by anyone. 

“TikTok’s settings continue to expose them to risks – including unwanted contact, cyberbullying, or predatory behaviour,” the EC states, adding that DSA requirements demand that digital platforms ensure “a high level of privacy, safety, and security on their service.” 

Overall, TikTok’s current account settings fail to meet this standard.

Moving forward, the EC’s preliminary findings suggest that TikTok should adjust the default settings of minors’ public accounts so they are only visible to TikTok users who the minor has knowingly accepted.

“While older minors may have the option to share their content with a broader audience on TikTok, the content should under no circumstances be accessible to a global audience outside the platform,” the EC adds. “Moreover, TikTok should refrain from recommending minors' content to other TikTok users through the ‘For You Feed.’”

The EC’s findings align with previous findings from the U.K. regulatory authority Ofcom, which found TikTok was not doing enough to prevent harmful content from reaching underage users. 

Moving forward, TikTok can examine the EC’s documents and reply. Along with account settings, the regulatory group’s ongoing investigation will include TikTok’s potentially additive design, advertising transparency, and the platform’s recommendation algorithms. 

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