The European Commission has found, on Friday, on a preliminary basis, that TikTok violates the Digital Services Regulation for the way it creates addiction. This includes features such as infinite scroll, autoplay, push notifications, and its highly personalized recommendation system.
Users’ brains switch to „autopilot mode”
The Commission’s preliminary inquiry indicates that TikTok has not adequately assessed how these addictive features could impact the physical and mental well-being of its users, including minors and vulnerable adults.
For example, by constantly "rewarding" users with new content, certain design features of TikTok fuel the need to keep scrolling and change users' brains into "autopilot mode". Scientific research shows that this can lead to compulsive behavior and reduce users' self-control.
Additionally, in its assessment, TikTok has ignored important indicators of compulsive use of the app, such as the time minors spend on TikTok at night, how often users open the app, and other potential indicators, as stated in a press release from the European Commission.
What TikTok needs to do
TikTok appears not to implement reasonable, proportionate, and effective measures to mitigate the risks arising from the way it is designed to create addiction.
For instance, current measures regarding TikTok, especially screen time management tools and parental controls, do not seem to effectively reduce the risks arising from how TikTok creates addiction. Time management tools may not be effective in enabling users to reduce and control TikTok usage, as they are easily dismissed and introduce limited friction.
Similarly, parental controls may not be effective, as they require additional time and skills from parents to implement the controls.
Therefore, at this stage, the Commission considers that TikTok needs to modify the basic design of its service by:
- disabling key addictive features over time, such as "infinite scroll";
- implementing effective "screen time breaks," including during the night;
- adapting its recommendation system.
A two-year investigation
The Commission's preliminary findings are based on an in-depth investigation initiated in February 2024, which aimed to verify TikTok's violations of the Digital Services Act (DSA) in areas related to child protection, advertising transparency, data access for researchers, as well as managing risks related to addiction design and harmful content.
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The investigation included an analysis of risk assessment reports, TikTok's internal data and documents, and TikTok's responses to multiple information requests, a review of extensive scientific research on this topic, and interviews with experts in various fields, including behavioral addiction.
What's next
The preliminary findings do not prejudge the outcome of the investigation. The report is not final as TikTok's response to the allegations is awaited.
The company now has the opportunity to exercise its right to defense. It can review the documents from the Commission's investigation files and respond in writing to the Commission's preliminary findings. Concurrently, the European Committee for Digital Services will be consulted.
However, if the preliminary opinions are confirmed, the Commission may issue a non-compliance decision and impose a fine proportional to the nature, gravity, recurrence, and duration of the violation, up to 6%, but not exceeding, the total annual worldwide turnover of the provider.
T.D.