EU targets TikTok’s viewing-time signal in preliminary DSA findings

The European Commission has issued preliminary findings that TikTok’s personalised For You feed breaches the Digital Services Act by repeatedly drawing users into potentially harmful streams of similar content. Announced on November 6, the findings address both the platform’s assessment of those risks and the measures it uses to reduce them.

The Commission wants changes to how recommendations respond to user choices, including greater weight for explicitly stated preferences and disabling viewing time as a recommendation signal. For TikTok users in Europe, the practical issue is control over material they want to see less often. The proceedings remain at a preliminary stage; the announcement sets out proposed design changes while further review and TikTok’s response are still to come.

The investigation focuses on how the system interprets behaviour. Watching or liking several videos on a subject becomes a positive indication of interest, prompting recommendations for more similar material. The Commission says that mechanism also operates when the subject, such as weight loss or body image, may be distressing to the person watching.

Regulators identified particular risks for vulnerable adults and minors. Repeated exposure to material about sadness, isolation or body image could intensify anxiety, dissatisfaction with one’s body or low self-esteem, they said. The risks assessed also include worsening existing eating disorders and mental health conditions. These are the Commission’s findings about potential harm from the recommendation design.

When viewing time outweighs “not interested”

TikTok already offers measures intended to diversify recommendations and give people control over their feeds. The Commission’s preliminary assessment is that these measures fail to reduce the frequency of similar potentially harmful recommendations sufficiently. Its investigation considered how the safeguards affect the resulting stream of videos.

One example is the “not interested” button. The Commission says viewing time takes priority over a person’s choice to see less of particular content, so pressing that button may be insufficient to change the feed. It proposed greater reliance on explicit preferences, disabling the viewing-time signal, making controls easier to find and use, and testing the algorithm regularly.

The DSA covers social networks and other online services used in Europe. The Commission’s overview says very large platforms must identify broad risks, including risks to minors and physical and mental wellbeing, and take measures to reduce them. The Commission primarily supervises these additional obligations, working alongside national Digital Services Coordinators.

Existing DSA obligations also cover recommendation transparency and choice. The Commission’s user-rights guide says platforms must explain their main recommendation parameters and how they influence what people see. Very large platforms must offer at least one recommendation option without profiling. The specific findings against TikTok concern its risk assessment and the effectiveness of its mitigation measures.

The Commission says it examined TikTok’s risk assessments, internal documents and data, and responses to several requests for information. Investigators also reviewed scientific research and interviewed specialists in recommendation systems, psychology and psychiatry, with support from Ireland’s Digital Services Coordinator. TikTok disputed the findings, saying they misrepresent its architecture and commitment to user safety, according to AP.

TikTok can examine the investigation files and submit a written response. The European Board for Digital Services will also be consulted. These steps precede a final determination and allow the company to exercise its right of defence.

If the findings are ultimately confirmed, a non-compliance decision could bring a fine of up to 6% of the provider’s worldwide annual turnover. The amount would reflect the infringement’s nature, gravity, recurrence and duration. The November 6 release gives no date for a final decision or implementation of a redesigned feed.