European Commission: TikTok's protections for minors are inadequate

TALLINN – The European Commission on Friday sent TikTok its preliminary findings, concluding that the platform's measures for minors' accounts do not comply with the standards of the Digital Services Act (DSA).

On TikTok, minors can set their accounts to public. This means that any user, including those without a TikTok account, can view content from minors. This setting also allows content created by older minors (aged 16–17) to be displayed as a recommendation in the feeds of all other TikTok users.

This can lead to unwanted contact and the risk of cyberbullying, giving strangers a window into a child's life. Since content published by minors can remain on the internet permanently and follow them into adulthood, the consequences can be lifelong.

Even when minors opt for a private account, their profiles are easily found through other users' 'following' and 'follower' lists, and their profile pictures are visible to everyone, including non-TikTok users. The Commission finds that TikTok's settings do not adequately protect minors from unwanted contact, cyberbullying, or manipulation.

Henna Virkkunen, the Commission's Executive Vice-President for Technological Sovereignty, Security and Democracy, stated that minors deserve a safe online experience from the moment they go online.

"The Digital Services Act (DSA) requires platforms to make protective measures for minors an integral part of their services and to take responsibility if they fail to do so. A high level of protection should not be an optional feature but the default standard. This is our responsibility to the current and future children of Europe," she said.

Account settings are crucial for ensuring the online safety of minors, as they determine who can view their content and interact with them.

Under the Digital Services Act, platforms accessible to minors are required to ensure a high level of privacy, safety, and security within their services.

The Commission's preliminary position is that TikTok's account settings fall short of this standard by exposing minors' accounts and content too broadly. TikTok should adjust the default settings for minors' public accounts so that their content is, by default, visible only to TikTok users approved by the minor.

While older minors might have the option to share their content with a broader audience on TikTok, it should never be accessible to an off-platform audience. Furthermore, TikTok should cease recommending content from minors in other users' feeds.

These preliminary findings do not prejudice the final outcome of the investigation.

TikTok will now have the opportunity to review the investigation documents and provide a written response to the Commission's preliminary findings. The European Board for Digital Services will also be consulted. If the preliminary findings are confirmed, the Commission can impose a fine, which must be proportionate and not exceed 6% of the company's global annual turnover.

The Commission's preliminary findings are part of formal proceedings initiated on February 19, 2024, to investigate whether TikTok is in compliance with the Digital Services Act.