Following investigation, the European Commission has sent TikTok preliminary findings indicating that children’s TikTok accounts do not meet the standards required under the Digital Services Act (DSA).
On TikTok, minors can choose to set their account as “public”. This means that any user, including those without a TikTok account, may be able to view minors’ content. This setting also allows content published by “older” minors (16-17 years old) to be recommended to any other TikTok user through the For You Feed.
The Commission says that this exposure could result in unwanted contact from potential wrongdoers and a risk that content can be used for cyberbullying. It potentially gives strangers a window into a child’s life. In addition, because what minors publish may stay online forever and follow them into adulthood, the feature comes with risks of potentially life-long consequences.
Even when minors choose private accounts, their accounts can be easily found through the “following” and “followers” lists of other users, and their profile photos remain accessible to anyone, including users without a TikTok account. According to the Commission, TikTok’s settings continue to expose children to risks, including unwanted contact, cyberbullying, or predatory behaviour.
It says that account settings are key to making sure that minors are safe online, as they decide who can view their content and who can contact them. Under the DSA, platforms accessible to minors must ensure a high level of privacy, safety, and security on their service. The Commission considers that TikTok’s account settings fail to meet this standard, as they expose minors’ accounts and content too widely.
The Commission also takes the view that TikTok should adjust the default settings of minors’ ‘public’ accounts, so that their content is, by default, visible only to TikTok users whom the minor has accepted. This is in line with the Guidelines on the protection of minors. Although older children may have the option to share their content with a broader audience on TikTok, the content should not be accessible to a global audience outside the platform. Furthermore, TikTok should not recommend minors’ content to other TikTok users through the For You Feed.
The Commission has emphasised that these preliminary findings do not prejudge the final outcome of the investigation.
Next steps
TikTok may now respond to the Commission’s preliminary findings. In parallel, the European Board for Digital Services will be consulted.
If the Commission’s views are ultimately confirmed, the Commission may issue a non-compliance decision, which can trigger a fine determined by the nature, gravity, recurrence, and duration of the infringement. The amount of the fine must be proportionate and will not exceed 6% of a provider’s global annual turnover.
