3.1 – The state and globalisation
3.5 – Regionalism and the EU
European Union regulators have moved to strengthen oversight of global social media platforms by signalling that aspects of platform design may breach EU law where they pose risks to users’ wellbeing. Under the Digital Services Act (an EU “Regulation”), platforms operating within the EU must assess and mitigate systemic risks linked to how their services function, not only the content they host.
In a recent investigation, the European Commission published preliminary findings on 6 February that argued TikTok failed to adequately evaluate the impact of features such as autoplay, infinite scroll and algorithm driven recommendations, particularly on children and young people. The Commission stated that TikTok did not put sufficient safeguards in place to reduce the risk of excessive and compulsive use. Regulators suggested changes including screen time breaks, limits on night-time use and alterations to recommendation algorithms.
If TikTok does not comply, it could face fines of up to 6% of its global annual turnover, potentially amounting to tens of billions. TikTok has rejected the findings and stated that it intends to challenge the Commission’s conclusions, highlighting tensions between regulators and multinational technology firms.
This action must be understood in the context of globalisation. TikTok is a Chinese-owned company operating across national borders, demonstrating how digital platforms transcend state boundaries. However, the EU response shows that states have not lost power entirely. Through supranational law, the EU is able to regulate global companies within its market. “Regulations” are a form of EU legislation which apply automatically to all actors within theborders of EU member-states, and take primacy over international law. This also illustrates the concept of pooled sovereignty, where member states empower EU institutions to act collectively in order to exert greater influence over global actors than they would be able to individually.
The TikTok case is part of a broader regulatory pattern. The EU has previously fined X, owned by Elon Musk, over misleading blue tick verification and has opened investigations into alleged foreign interference and the misuse of artificial intelligence tools. These can be seen as positive examples of political globalisation and political regionalism’s ability to constrain the harmful effects of economic globalisation; and as an example of the EU’s effectiveness in tackling modern problems as a cohesive bloc.