Media watchdog launches TikTok and LinkedIn investigations over illegal content reporting concerns

The investigations centre around the illegal content reporting mechanisms of TikTok and LinkedIn. File photo

Ireland’s media regulator has begun new investigations into tech giants TikTok and LinkedIn amid concerns of “dark patterns” around how people report illegal content on their platforms.

In its second such announcement in as many months, Coimisiún na Meán said it has concerns over both social media platforms’ illegal content reporting mechanisms, and there may be “deceptive interface designs” associated with them.

“There is reason to suspect that their illegal content reporting mechanisms are not easy to access or user-friendly, do not allow people to report child sexual abuse material anonymously, as required by the Digital Services Act, and that the design of their interfaces may deter people from reporting content as illegal,” its digital services commissioner John Evans said.

The regulator has begun an investigation under the EU’s Digital Services Act (DSA), in particular for suspected breaches of Article 16 and Article 25. TikTok is a popular video-sharing platform, while LinkedIn is a social networking jobs and careers platform.

It comes after Coimisiún na Meán launched its first formal investigation last month into Elon Musk's X.

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In September last year, it said it was reviewing whether online platforms under its remit were complying with Article 16 of the act, which concerns the systems such websites must have to allow people to report content they suspect to be illegal.

During this review, concerns arose over “dark patterns” or deceptive interface designs, where people would be confused or be deceived into believing that they were reporting content as illegal instead of just content that breached that platform’s terms and conditions.

If this were the case, the systems in place from these platforms might not be effective in preventing illegal content from being shared.

“Our message is clear, we expect providers to comply with their obligations under the DSA and to engage with us when making changes to their reporting mechanisms,” Mr Evans said.

“Where concerns exist of significant non-compliance by any provider, we can use our regulatory tools, up to and including investigations, to ensure providers meet their obligations to keep people safe online.

“We have requested further information from several other providers to assess their compliance, and at this point, we are not ruling out further regulatory action, if needed, to ensure compliance with the DSA.” 

Under the powers from the EU laws, breaches can result in significant fines of up to 6% of a firm’s worldwide annual turnover.

Coimisiún na Meán added that several other companies have made significant changes to their reporting mechanisms for illegal content as a result of their review, and they are currently assessing how effective they are.

A spokesperson for LinkedIn said: “We’re committed to keeping LinkedIn safe, trusted and professional, and have effective mechanisms for users to report content that may be illegal. We will continue to engage with regulators and adhere to the laws and regulations of the markets in which we operate.”