Brussels concludes that TikTok's "addictive" design violates European Union law

The European Commission (EU) believes on Friday, following a preliminary investigation, that the Chinese social network TikTok i complies withthe European Union's Digital Services Act (DSA) for its "addictive design" for users and could be fined in the future if it does not change it.

In a statement, the European Commission has explained, among other things, the unlimited displacement of scroll or screen, automatic video reproduction, automatic push notifications and a 'highly personalized' recommendation system .

The Commission has conducted a preliminary investigation into how the platform has failed to properly assess how these "dependency features" can harm the physical and mental well-being of users, including minors and vulnerable adults.

It has specified that as users with new content are constantly "rewarded", certain features of the TikTok design fuel the need to keep moving on screen and cause users' brains to "automatically pilot".

The European Commission recalls that scientific studies show that this can lead to compulsive behaviour and reduce self-control of users.

In addition, it specifies that TikTok has omitted in its evaluation important indicators of compulsive use of the application, such as the time spent by minors on the platform at night, the frequency of users to expand the application, and other possible indicators.

"It appears that TikTok does not establish reasonable, proportionate and effective measures to mitigate the risks arising from its addictive design," the Commission said.

Thus, he explained that the current measures of the TikTok program, especially screen time management tools and parental control tools, do not appear to "effectively reduce the risks" of design addiction.

Time management tools "are easily discarded," according to the Commission, and parental controls "may not be effective because they require additional time and skills."

Change the design.

Based on the findings made at this stage, the Commission believes that the TikTok service should "change the basic design of the service."  For example, deactivating over time essential addictive functions (such as "infinite displacement"), applying effective "screen breaks", even at night, and adapting its recommendation system.

Brussels has made it clear that these preliminary conclusions do not prejudge the final outcome of the investigation.  recalls that these preliminary views are based on a thorough investigation. It includes the analysis of TikTok risk assessment reports, internal data and documents, and the company's responses to various requests for information, as well as a review of extensive scientific research on the subject and interviews with experts in various fields, including behavioral addiction.

The European Commission has indicated that TikTok now has the opportunity to exercise its right of defence and may examine the documents of the Commission's investigation files and respond in writing to the preliminary conclusions.

Lastly, if the views of the Commission are confirmed, the Commission may rule on non-compliance and a fine may be imposed on the basis of the nature, gravity, recidivism and duration of the offence. This fine may reach a maximum of 6% of the total annual turnover worldwide.

On 19 February 2024, the European Commission opened proceedings against TikTok for alleged violation of the Digital Services Act.

In addition to the addiction design, this study includes the "hideout effect" of TikTok recommendation systems, the risk of minors having inadequate experience for their age due to distortion, and the obligation of platforms to ensure a high level of privacy, security and protection for minors.