Litigation case
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TikTok - unfair commercial practice

Euroconsumers responded to a €10 million fine against TikTok by the Italian Competition Authority for harmful practices affecting minors, demanding compensation for victims of the “French Scar” challenge. We also called for joint educational and communication initiatives in line with the EU Digital Services Act.

Timeline

How the case developed

The case

Harmful challenges, profitable algorithms

With more than 134 million monthly active users in the European Union, TikTok wields considerable power, especially over the children and teenagers who make up a large part of its audience. With that power comes responsibility. Yet TikTok has failed to protect its youngest and most vulnerable users from dangerous content.

What this means in practice for users?

On 5 March 2024, the Italian Competition Authority (AGCM) fined TikTok €10 million for an unfair commercial practice. Its findings left no room for doubt: by spreading content such as the “French scar” challenge, TikTok was likely to endanger the physical and mental safety of users, particularly minors and vulnerable people, and had taken inadequate measures to prevent such content from spreading.

The problem goes to the heart of TikTok’s business model. Potentially dangerous content is pushed through a recommendation system based on algorithmic profiling, designed to increase user interaction and time spent on the platform in order to boost advertising revenue. This unduly conditions users, encouraging them to use the platform more and more. The same consumers whose wellbeing is put at risk are those whose data TikTok uses to generate economic value.

A failure to meet its legal obligations

Beyond failing to apply its own guidelines diligently, TikTok has not implemented sufficient measures to mitigate risks to minors, as required by the Digital Services Act for Very Large Online Platforms. A fine sanctions the past, but it does not repair the harm done to the consumers affected.

Our call

Euroconsumers calls on TikTok to take responsibility and:

  • Compensate the consumers who were harmed.
  • Take immediate measures to stop the spread of content that threatens the physical and mental wellbeing of users, particularly minors.
  • Strengthen targeted measures to protect minors’ rights, as required by Article 35 of the DSA, applying them with due diligence for the particular vulnerability of adolescents.
  • Launch educational activities to promote conscious and safe use of the platform.

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