TikTok could potentially be in fresh legal trouble in Europe. The European Union has preliminarily found the company in breach of the Digital Services Act (DSA).
Regulators are targeting the very features that make the app work, including its infinite scroll, autoplay, push notifications, and recommendation algorithm, calling the design intentionally "addictive".
The commission argued that TikTok failed to adequately assess how its design could damage the mental and physical health of its users, especially children. Investigators claim that by constantly rewarding people with new videos, the app fuels compulsive behaviour and pushes the brain into an "autopilot" mode where self-control evaporates. The EU also accused TikTok of ignoring key data that showed compulsive use, like how often kids open the app or how long they scroll late at night.
TikTok has already put several measures in place, such as its "Digital Well-being" tools and parental controls that set default 60-minute limits for teens. As you can imagine, the EU feels this is not enough, with the commission"s report calling these tools ineffective, stating they are "easy to dismiss and introduce limited friction."
The EU wants TikTok to change the design of its platform. This could involve disabling infinite scroll, implementing effective screen time breaks, and adapting its powerful algorithm to be less habit-forming.
At this stage, the Commission considers that TikTok needs to change the basic design of its service. For instance, by disabling key addictive features such as ‘infinite scroll" over time, implementing effective ‘screen time breaks", including during the night, and adapting its recommender system. These preliminary findings do not prejudge the outcome of the investigation.
If TikTok fails to comply, the company could face a fine of up to 6% of its total worldwide annual turnover, a penalty that would easily run into billions of dollars.
TikTok"s algorithm has been the source of many controversies for the company. For example, the platform is facing several wrongful death lawsuits in the United States. In one case, the parents of a 16-year-old who died by suicide alleged that the TikTok algorithm relentlessly showed him videos promoting suicide and self-harm.
Despite all of the controversies, the algorithm is regarded by people in both tech and political circles as one of the most valuable pieces of proprietary software in the world. It is so valuable, in fact, that the Chinese government updated its export laws specifically to prevent it (and others like it) from being sold to the West.