Two years after Georgescu, the EU still hasn't concluded its investigation into TikTok

Nearly two years after Romania's 2024 presidential election, the European Commission's investigation into TikTok is still ongoing, seeking to clarify whether the platform properly assessed and managed the risks threatening the electoral process. Information related to elections in other EU countries may also be used in the proceedings, and if the Digital Services Act is found to have been violated, the company could face a fine of up to six percent of its annual global turnover, said Thomas Regnier, the European Commission's spokesperson for digital affairs, according to a report by G4Media.

At a meeting with Romanian journalists in Brussels on October 8, Regnier said the Commission is still analyzing declassified documents and information received from Romanian authorities, and is requesting additional data from TikTok. He gave no details about the ongoing checks, nor did the institution announce a date for concluding the investigation. The proceedings were launched on December 17, 2024, following the first round of Romania's presidential election on November 24, in which Călin Georgescu received the most votes, and the entire electoral process of which was later annulled by the Constitutional Court. In addition to the documents handed over by Romanian authorities, the Commission also used TikTok's 2023 and 2024 risk assessments, the company's responses and internal records to launch the investigation.

One of the central questions of the investigation is what role TikTok's recommendation system may have played in the artificial amplification of content, coordinated manipulation and the use of automated accounts. The rules on political advertising and paid political content are also being examined, as is whether the platform adequately took into account the linguistic and regional specificities of Romania's elections when assessing and mitigating risks. Although the proceedings were initiated as a result of the Romanian elections, experiences from other European votes held since then may also contribute to the assessment of TikTok's operations. According to Regnier, these can provide further information on how the platform functions during campaign periods and how effective its measures are at reducing the risk of electoral manipulation.

The spokesperson stressed that the upper limit of any potential fine is calculated based on the company's global annual turnover, meaning not only revenue earned within the European Union is taken into account. In addition to a financial penalty, the Commission can also apply other measures, including interim measures or the acceptance of commitments offered by the company to address the identified problems. According to Regnier, around two hundred Commission staff members work on enforcing the Digital Services Act, including teams specializing in monitoring large online platforms and in risks of electoral interference. The regulation requires giant platforms like TikTok, Facebook, Instagram and X to assess and mitigate systemic risks, including considerations related to the integrity of elections and the protection of minors.

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