In Foreign Affairs

Charles Sizemore

Show me the candy first: EU regulator suspects that age check for Facebook is rigged

Show me the candy first: EU regulator suspects that age check for Facebook is rigged

The European Commission has initiated a comprehensive investigation into Meta for potential violations of EU regulations outlined in the Digital Services Act, aimed at safeguarding minors. Brussels is concerned that the systems of Facebook and Instagram, including their algorithms, may induce addictive behaviours in children and contribute to feelings of isolation and depression, posing risks to their mental health.

Also under scrutiny are the methods of age verification employed by the social media giant.

“We are not convinced that Meta has taken adequate measures to comply with the Digital Services Act and mitigate the risks of negative health impacts on young Europeans using its Facebook and Instagram platforms,” stated the European Commission.

Meta had previously been warned in November about potential breaches of minor protection regulations, but its responses to Brussels’ formal inquiries were deemed unsatisfactory.

The EU investigation will thoroughly examine Meta’s adherence to risk assessment and mitigation obligations in the design of Facebook and Instagram interfaces, which may exploit the vulnerabilities and inexperience of minors and foster addictive behaviours, exacerbating adverse effects on mental health. Brussels will also evaluate Meta’s compliance with requirements to prevent children and adolescents from accessing inappropriate content, particularly age verification tools suspected of being inadequate, disproportionate, and ineffective.

The investigation, given priority status, will enable the EU executive to gather evidence and exert pressure on Meta to enhance its efforts in protecting adolescents. During the inquiry, Breton’s team will have the authority to implement interim measures and issue non-compliance decisions. The Digital Services Act stipulates fines of up to 6% of a company’s annual global turnover for violations, with the possibility of a ban on operating in Europe for repeat offenders.

On April 22, driven by similar concerns regarding the protection of adolescents, the EU launched an investigation against TikTok, prompting the popular Chinese social network to suspend its premium program on the Lite app in France and Spain shortly thereafter.

TikTok activists defend platform on a basis of the freedom of speech

In other news related to TikTok’s ban in the US, a group of eight creators has filed a lawsuit against the US government to halt the platform ban in the country. The lawsuit argues that the law compelling ByteDance to sell TikTok violates the rights of creators and undermines freedom of expression guaranteed by the First Amendment of the US Constitution.

Critics argue that the law threatens to curtail a vital means of communication for Americans and restrict their ability to create and share content freely. The lawsuit is seen as a significant challenge to the ban and comes after TikTok filed its own lawsuit against the US government over the legislation requiring ByteDance to divest the social network by January 2025.

There are speculations that ByteDance is supporting the legal costs of the creators involved in the lawsuit, following a similar strategy employed in a previous successful legal battle against a proposed nationwide ban on TikTok. In response to the investigation by the European Commission, a Meta spokesperson emphasized the company’s commitment to ensuring safe online experiences for teens and willingness to collaborate with authorities in addressing these challenges.