TikTok has failed to meet its obligation to publish an advertising repository, as required by the EU’s Digital Services Act (DSA), the Commission informed the company today.
The Commission stated that TikTok has violated the DSA by not making the advertising repository publicly available. This repository is important for researchers and civil society to detect scam advertisements, hybrid threat campaigns, coordinated disinformation operations, and fake advertisements, especially in the run-up to elections. The Commission also noted that TikTok does not provide sufficient information about the content of ads, the users targeted by them, or who paid for the ads.
The decision today is the first DSA-related proceeding that the Commission has concluded against TikTok.
In response, a TikTok spokesperson said the company supports the goals of the regulation and is improving its ad transparency tools, but disagrees with some of the Commission’s interpretations and the lack of clear, public guidance. “We will continue engaging with the Commission,” the spokesperson added.
The preliminary findings provided by the Commission today relate to the investigation that it launched on 19 February 2024 under the DSA. The Commission is still investigating TikTok in other areas, including concerns over its potentially addictive design, the protection of minors, and data access for researchers.
A separate investigation into risks to electoral integrity and civil discourse – launched by the Commission in December in response to concerns raised during last year’s annulled presidential election in Romania – is also ongoing. The online platform was accused of amplifying content from a far-right candidate, which led the country’s top court to annul the elections over concerns about Russian interference.
TikTok now has the right to respond in its defence. Following this, the Commission may impose a fine of up to 6% of the platform’s total worldwide annual turnover. It can also force TikTok to comply with the DSA, failing which the company may face a periodic penalty payment.
(aw)
