European Union: European Commission issued preliminary findings that Meta is in noncompliance with Digital Services Act’s transparency obligations

On 24 October 2025, the European Commission preliminarily found Meta, covering both Facebook and Instagram, in breach of its transparency obligations under the Digital Services Act (DSA). The Commission concluded that Meta may have imposed burdensome procedures for researchers requesting public data, resulting in partial or unreliable information that limits research into exposure to illegal or harmful content. The Commission also found that Facebook and Instagram do not provide user-friendly mechanisms to report illegal content, with processes that include unnecessary steps and potentially deceptive interface designs, also referred to as “dark patterns”, which may reduce the effectiveness of content removal. Additionally, the platforms’ appeal mechanisms do not allow EU users to fully explain or support their challenges to content moderation decisions, limiting the effectiveness of these appeals. These findings are preliminary, and Meta has the opportunity to respond and take remedial measures. If confirmed in violation of the DSA’s obligations, the Commission may issue a non-compliance decision, including fines of up to 6% of global turnover. The Commission noted that, starting 29 October 2025, the delegated act will grant researchers access to non-public data from very large platforms to improve accountability and identify potential risks.