The European Commission has issued preliminary findings that TikTok is failing to meet European Union safety requirements for minors under the Digital Services Act.
TikTok allows minors to set their accounts to “public”, meaning anyone — including people without a TikTok account — may be able to view their content, the Commission declared in a statement on Friday.
It added that this setting can also allow content posted by older minors aged 16 and 17 to be recommended to other users through TikTok’s “For You” feed.
Even when minors choose private accounts, their profiles can be easily found through other users’ “following” and “followers” lists, and their profile photos remain accessible to anyone, including people who do not have a TikTok account.
The EU executive said account settings are “key” for online safety because they determine who can view content and who can contact a user. Platforms accessible to minors must ensure a high level of privacy, safety and security under the Digital Services Act — the EU’s rulebook for large online services.
What the Commission says TikTok should change
The Commission stated that it considers TikTok should adjust the default settings of minors’ public accounts so that, by default, their content is visible only to TikTok users the minor has accepted. Older minors could still have the option to share content with a broader audience on TikTok, but it should not be accessible to a global audience outside the platform.
It also said TikTok should refrain from recommending minors’ content to other users via the “For You” feed.
The findings are preliminary and do not prejudge the final outcome of the investigation.
TikTok will be able to examine documents in the Commission’s investigation files and reply in writing, and the European Board for Digital Services will be consulted in parallel.
If the Commission’s views are confirmed, it may issue a non-compliance decision that can trigger a fine, which must be proportionate and cannot exceed 6% of a provider’s global annual turnover.
The preliminary findings form part of formal proceedings into TikTok’s compliance with the Digital Services Act that were launched on 19 February 2024. The investigation into these issues is ongoing.
