EU Regulators Charge TikTok Over 'Rabbit Hole' Algorithm and Threaten Fine of Up to 6% of Global Turnover

EU tech regulators charged TikTok on November 6 with breaching the bloc's online content rules over the "rabbit hole" effect of its recommender system, which draws users into a constant stream of similar videos. Devdiscourse reported that owner ByteDance risks a fine next year of up to 6% of its global annual turnover unless the issue is resolved.

What the Commission's Preliminary Findings Say

The European Commission, which acts as the EU tech regulator, said it issued charges known as preliminary findings to TikTok after the company failed to implement proportionate, reasonable and effective mitigation measures to address the risks. The Commission said endless and repeated exposure to content about sadness, isolation or body image can have a detrimental impact on users' mental health.

"Every time a user scrolls or likes a video on TikTok, the algorithm serves more of the same leading users down rabbit holes they cannot easily escape from," EU tech chief Henna Virkkunen said in a statement. "Today's preliminary findings show again that TikTok needs to step up its efforts to protect users' well-being, including those of minors," she said.

The Commission said TikTok needs to change the design of its 'For You' feed algorithm and should rely more on users' explicit preferences, increase the accessibility and usability of user controls and regularly test its algorithm, among other changes. The charges fall under the EU's Digital Services Act, which requires big online platforms to do more to tackle harmful and illegal content. TikTok said the preliminary findings were false and that it plans to challenge them.

TikTok's Earlier EU Charges and California Lawsuit

EU regulators charged TikTok in February over what regulators said were the platform's addictive designs, inadequate efforts to protect children and making it difficult for researchers to request access to public data. TikTok said at the time that those preliminary findings were "categorically false" and that it would take steps to challenge them.

On November 5, Google, Meta and TikTok sued California to block enforcement of Assembly Bill 1709, which restricts psychologically exploitative features for children under 16, Yahoo reported. The companies argue the law violates the First Amendment and Section 230 of the Communications Decency Act.

How Peers Face Content Scrutiny

Douyin has identified and dealt with over 10,000 instances of staged violations daily since the start of this year, marking, warning, restricting and removing content as needed, Jiemian reported on November 5. The platform has also dealt with over 6,000 violating accounts.

Ofcom said on October 29 that social media users over 16 may need photo ID when Labour's ban on under-16s takes effect next spring, as facial age checks are inaccurate, The Telegraph reported. Pennsylvania and Meta reached an agreement securing over $500 million for the state and implementing expanded parental controls, daily screentime limits and nighttime restrictions, Triblive reported on October 26.

What Comes Next for TikTok

The Commission is separately investigating so-called rabbit hole effects caused by Meta Platforms' Facebook and Instagram recommendation systems. TikTok's fine, if imposed, would fall next year.