Meta Set To Face EU Finding It Failed To Police Illegal Posts

Meta Platforms Inc. is set to face a charge sheet from the European Union for failing to adequately police illegal content, risking fines for violating the bloc’s content moderation rulebook.

The European Commission is preparing to issue preliminary findings saying that Meta’s Facebook and Instagram lack an adequate “notice and action mechanism” that would let users flag illegal posts for removal, according to two people familiar with the plans, who asked not to be identified because the decision isn’t yet public.

The charge sheet is expected in the coming weeks, they said. The move is an escalation of a probe the EU’s executive branch kicked off in April 2024. If the findings are confirmed, Meta risks a fine of as much as 6% of its annual global sales. The company will first have a chance to offer remedies or rebut the commission’s allegations.

The commission didn’t immediately respond to requests for comment. Meta spokesperson Ben Walters said that the company disagreed “with any suggestion we have breached the DSA” and continued to negotiate with EU officials.

Under the EU’s Digital Services Act, platforms and search engines with more than 45 million monthly active users in the EU are required to have robust measures to mitigate the spread of illegal or harmful content. Meta is currently facing two probes, dealing respectively with illegal content and disinformation and the protection of minors. Other large platforms, including Elon Musk’s X, ByteDance’s TikTok, e-commerce companies Temu and AliExpress, and multiple pornography websites are also facing DSA proceedings.

While the commission hasn’t issued any DSA fines so far, the EU’s rules governing large tech platforms are a key point of tension in the bloc’s relations with the US. President Donald Trump has accused the DSA of unfairly targeting American companies and stifling free speech.

Apple Inc. asked the EU this week to roll back rules to protect digital consumers, known as the Digital Markets Act, saying they degrade performance and make iPhone users more vulnerable to scams and malware. The EU said it has no plans to amend the laws.