The European Commission has commenced an investigation into whether Meta, the company behind Facebook and Instagram, has violated the Digital Services Act (DSA). The purpose of the investigation is to pre-empt any disruptions to the upcoming European elections in June.
During its inquest, the European Commission will be scrutinizing four specific areas. The first is potential non-compliance with DSA obligations due to deceptive advertisements and dissemination of disinformation. The Commission has also raised concerns about the transparency of political content, especially the obligations to provide recourse for users. The third area under the microscope is the availability of civic discourse and the company’s election-monitoring system ahead of the European elections. Lastly, a point of concern is the user-unfriendliness of Meta’s mechanism for flagging illegal content. Collectively, these issues pose threats not just to consumer protection but also to fair electoral processes—especially the first three areas of concern.
Upon compiling adequate evidence, the Commission will be empowered to enforce additional measures. Given the EU’s commitment to ensuring free and fair European elections, it could take steps to prevent election interference and manipulation within its jurisdiction. It could also require Meta to make necessary amendments or enhancements to its platforms.
The DSA is an EU regulation introduced in 2022. It applies to all intermediary services offered or available in EU territory and stipulates rules for a secure, predictable, and trustworthy online environment. Very Large Online Platforms (VLOPs), including Facebook and Instagram, which have been designated as such since April 2023, are required to adhere to specific obligations under the DSA. These include establishing user-friendly terms and conditions and ensuring transparent advertising. If the investigative findings confirm violations across the four stated areas, this would represent a contravention of multiple articles of the DSA.
In the past, the European Commission has opened proceedings against other VLOPs, including TikTok and X, to assess potential DSA infractions. Those assessments focused on the transparency and quality of the platform’s content and potential risks to user well-being.
To read more about the proceedings, visit this link.