EU regulators say that TikTok has 'an addictive design' in a preliminary report, and that it might receive a hefty fine if it doesn't change its infinite-scrolling ways

The European Commission has declared its preliminary findings in an investigation into everyone's favourite infinite-scrolling app, TikTok. In a press release, the EU regulator says that it found TikTok in breach of the Digital Services Act (DCA) for its "addictive design".

"This includes features such as infinite scroll, autoplay, push notifications, and its highly personalised recommender system," says the report. "The Commission's investigation preliminarily indicates that TikTok did not adequately assess how these addictive features could harm the physical and mental wellbeing of its users, including minors and vulnerable adults."

"For example, by constantly ‘rewarding' users with new content, certain design features of TikTok fuel the urge to keep scrolling and shift the brain of users into ‘autopilot mode', says the EC. "Scientific research shows that this may lead to compulsive behaviour and reduce users' self-control."

TikTok owner ByteDance has implemented multiple screentime management and safety tools in recent years, but according to the European Commission, these additions simply don't come up to scratch.

"The current measures on TikTok, particularly the screentime management tools and parental control tools, do not seem to effectively reduce the risks stemming from TikTok's addictive design," the press release goes on to say.

"The time management tools do not seem to be effective in enabling users to reduce and control their use of TikTok because they are easy to dismiss and introduce limited friction. Similarly, parental controls may not be effective because they require additional time and skills from parents to introduce the controls.

"At this stage, the Commission considers that TikTok needs to change the basic design of its service. For instance, by disabling key addictive features such as ‘infinite scroll' over time, implementing effective ‘screen time breaks', including during the night, and adapting its recommender system."

It's difficult to imagine what TikTok would look like without an infinite scroll-based interface, as it seems to me like the app's main selling point. And while I'm not exactly a fan of infinite-scrolling video being shoved into my eyeballs, it does feel a touch overwrought to suggest that its users are still helpless toward its charms.

That being said, the European Commission seems keen to point out the scientific validity of its findings. "The Commission's preliminary views are based on an in-depth investigation that included an analysis of TikTok's risk assessments reports, internal data and documents and TikTok's responses to multiple requests for information, a review of the extensive scientific research on this topic, and interviews with experts in multiple fields, including behavioural addiction", the report says.

So that's that, then.

The press release goes on to point out that, as these findings are still in the preliminary stage, TikTok now has the possibility to exercise its right to defence. It may examine the documents in the investigation files and reply in writing—which feels a bit like the schoolmaster calling you in to their office to go over some dubious-looking homework.

However, it goes on to say: "If the Commission's views are ultimately confirmed, the Commission may issue a non-compliance decision, which can trigger a fine proportionate to the nature, gravity, recurrence and duration of the infringement and reach up to but not more than 6% of the total worldwide annual turnover of the provider."

Which, given estimates of ByteDance's 2024 financials, could potentially amount to many billions of dollars. Or Euros, I guess. This is the European Commission, after all.

Either way, the Commissions findings seem like merely the latest entry in TikTok's ongoing friction with various government organisations around the world. Remember when the US government was going to ban it? It all worked out in the end I guess. For some, at the very least.