EU finds TikTok breached digital rules on minor safety

The European Commission on Friday issued a preliminary finding that TikTok has violated the European Union's Digital Services Act through systemic failures to protect minors from public exposure and unwanted contact. The commission determined that users aged 16 and 17 can make their accounts publicly visible, allowing strangers to view their content without authentication, while the platform's "For You" feed algorithmically recommends minors' posts to unknown users. Such exposure creates what officials described as "a window into a child's life," facilitating potential cyberbullying and predatory behavior by allowing perpetrators to access personal content that may remain online indefinitely.

Even when minors select private account settings, their profiles remain discoverable through follower and following lists of other users, and their profile photographs stay publicly accessible regardless of privacy preferences. The commission preliminarily concluded that these configurations fall short of the DSA's mandate for platforms to ensure high levels of privacy, safety and security for children, effectively exposing young users to risks the regulation specifically seeks to prevent.

Enforcement and investigation scope

"A high level of protection should not be an opt-in; it should be the default," said Henna Virkkunen, the commission's executive vice-president for tech sovereignty, security, and democracy. TikTok now has the opportunity to examine the investigation documents and submit written responses, while the European Board for Digital Services will be consulted on the preliminary findings, according to the commission.

If the preliminary assessment is confirmed following the review process, the commission could issue a formal non-compliance decision and impose fines of up to 6 percent of the platform provider's global annual turnover. The findings form part of formal proceedings launched in February 2024 that also examine the platform's recommendation systems and the risk that minors encounter age-inappropriate content after misrepresenting their age, though the commission emphasized that Friday's announcement does not prejudge the investigation's final outcome.