EU Launches Second DSA Investigation into TikTok Over Election Risks

Sophia Steele

Sophia Steele

December 17, 2024 · 4 min read
EU Launches Second DSA Investigation into TikTok Over Election Risks

The European Union has launched a second investigation into TikTok under the Digital Services Act (DSA), this time focusing on the platform's role in mitigating election risks, particularly in the context of recent elections in Romania. The move follows a data retention order sent to TikTok earlier this month, as concerns swirl around election interference on the video-sharing platform.

The investigation will delve into TikTok's recommender systems, specifically the "risks linked to the coordinated inauthentic manipulation or automated exploitation of the service," according to the European Commission. The EU will also examine TikTok's policies on political advertisements and paid-for political content. The Commission is investigating whether TikTok has diligently mitigated the risks posed by specific regional and linguistic aspects of national elections.

The probe comes on the heels of a shock first-round result in Romania's presidential election, which has sparked concerns about foreign interference. Declassified intelligence reports suggest that TikTok failed to prevent fake accounts from being used to artificially boost and algorithmically amplify content promoting a pro-Russian, far-right candidate. The country's top court has since annulled the result.

The EU's decision to open an investigation takes into account information received from declassified intelligence reports, "third-party" reports, and TikTok's own risk assessment reports submitted in 2023 and 2024. The Commission has also analyzed internal documents provided by TikTok, as well as the company's responses to data requests sent since the DSA rules for very large online platforms (VLOPs) began to apply last year.

The investigation is significant, as it unlocks additional enforcement powers for the Commission, including the ability to issue interim measures if it feels risks are pressing. This could lead to further enforcement actions against TikTok. The EU's president, Ursula von der Leyen, emphasized the importance of protecting democracies from foreign interference, stating that "whenever we suspect such interference, especially during elections, we have to act swiftly and firmly."

TikTok has responded to the investigation, claiming that it has protected the integrity of its platform through over 150 elections around the world and continues to proactively address industry-wide challenges. The company says it has provided the European Commission with extensive information regarding its efforts and has transparently and publicly detailed its robust actions. TikTok also claims to have detected and disrupted five small covert networks targeting the Romanian election, removed hundreds of thousands of fake accounts, and millions of fake likes and followers.

The investigation is the latest development in the EU's efforts to enforce the DSA on major platforms like TikTok. While no DSA fines have been issued yet, the bloc's lawmakers are keen to reduce risks for web users. The outcome of this investigation remains to be seen, but it signals the EU's commitment to holding online platforms accountable for their role in protecting democratic processes.

In a statement, Henna Virkkunen, the EU's EVP for Tech Sovereignty, Security and Democracy, expressed her willingness to work closely with TikTok to address any concerns that may arise. As the investigation unfolds, it will be crucial to monitor the EU's approach to regulating online platforms and its impact on the tech industry as a whole.

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