Commission opens formal proceedings against TikTok on election risks under the Digital Services Act
Today, the Commission has opened formal proceedings against TikTok for a suspected breach of the Digital Services Act (DSA) in relation to TikTok’s obligation to properly assess and mitigate systemic risks linked to election integrity, notably in the context of the recent Romanian presidential elections on 24 November.
Commission President, Ursula von der Leyen, said: “We must protect our democracies from any kind of foreign interference. Whenever we suspect such interference, especially during elections, we have to act swiftly and firmly. Following serious indications that foreign actors interfered in the Romanian presidential elections by using TikTok, we are now thoroughly investigating whether TikTok has violated the Digital Services Act by failing to tackle such risks. It should be crystal clear that in the EU, all online platforms, including TikTok, must be held accountable.”
Henna Virkkunen, Executive Vice-President for Tech Sovereignty, Security and Democracy, said: “As the European Union, we have a responsibility to safeguard our democratic processes from potential manipulation and interference. I am confident that our investigation into TikTok’s practices will contribute to a safer and more trustworthy online environment for all EU citizens, and I look forward to working closely with TikTok to address any concerns that may arise.”
The proceedings will focus on management of risks to elections or civic discourse, linked to the following areas: TikTok’s recommender systems, notably the risks linked to the coordinated inauthentic manipulation or automated exploitation of the service, as well as TikTok’s policies on political advertisements and paid-for political content.
As regards both elements, one of the suspicions the Commission is going to investigate is whether TikTok has diligently mitigated the risks posed by specific regional and linguistic aspects of national elections.
Should the Commission’s suspicions be proven correct, these shortcomings would constitute infringements of Articles 34(1), 34(2) and 35(1) DSA. The Commission will now carry out an in-depth investigation as a matter of priority. The opening of formal proceedings does not prejudge its outcome.
