The European Commission says that short-form video specialist TikTok breaks restrictions on addictive design which are encoded in the EU’s Digital Services Act, a major piece of legislation which regulates tech businesses and prohibits harmful business practices. Following an investigation into the app which kicked off in 2024, the European Commission has issued a preliminary ruling, stating that TikTok should change elements of its design in Europe, including its recommendation algorithm and its use of ‘infinite scroll’, though TikTok will have an opportunity to challenge the decision.
Alongside TikTok’s ‘infinite scroll’ feature, the Commission highlighted the app’s use of autoplay and push notifications, as well as its “highly personalised recommender system” as problematic features. The latter is particularly significant — TikTok’s algorithm is frequently credited as a big driver of the company’s success.
According to a statement released by the Commission, TikTok has not adequately assessed how addictive features on its platform could harm the physical and mental wellbeing of its users, including minors and vulnerable adults. The statement claims that the social platform has also disregarded data points which hint at compulsive use of the app, such as the frequency with which users open the app, and the amount of time that young people spend on TikTok at night.
The Commission also says that TikTok hasn’t implemented enough measures to mitigate these risks. TikTok has introduced new controls to help prevent compulsive behaviour, such as parental control capabilities and screentime management tools, but the Commission claims that these measures aren’t sufficiently effective to mitigate the risk of harm to users.
All of the above is based on what the Commission describes as an in-depth investigation, which included analysis of TikTok documents, TikTok’s answers to requests for information, interviews with experts in relevant fields, and a review of scientific research on the topic.
Now, the Commission is calling for change. Measures recommended by the Commission include switching off infinite scroll over time, implementing screen time breaks, and adapting its content recommendation algorithm. If this preliminary ruling is confirmed once TikTok responds and the investigation concludes, the Commission has significant enforcement powers to push through its desired changes, including the ability to fine the company by up to six percent of its total global annual turnover.
Suffering from success
TikTok has disputed the Commission’s preliminary findings, according to Reuters, describing them as a “categorically false and entirely meritless depiction of [its] platform”. But if it’s not able to overturn the decision and is forced to make changes, disabling features and tweaking its algorithm could have a huge impact on its business.
What’s interesting is that the addictive features highlighted by the Commission are by no means unique to TikTok. In fact, other platforms and even traditional publishers have replicated its infinite scrollable video feed. The only thing which is truly unique is TikTok’s algorithm — while other platforms similarly personalise content and try to surface videos which will keep users engaged, TikTok’s algorithm seems particularly potent.
It will be interesting, then, to see if TikTok’s competitors are hit with similar rulings by the EU. If that’s not the case, TikTok will likely argue that it’s being punished for its success, rather than for making inherently bad design choices.
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