Friday, November 13

A Systemic Failure: How TikTok Fails to Protect Minors Despite 11 Key European Legal Functions

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The issue of child sexual abuse material on TikTok has been thrust into the spotlight following a comprehensive investigation that highlights serious shortcomings in the platform’s protective measures for minors. The European Union’s Digital Services Act (DSA), particularly Article 35, mandates that large platforms like TikTok implement effective strategies to mitigate systemic risks, including the dissemination of illegal content that could negatively impact the protection of children. Findings from this investigation cast doubt on TikTok’s commitment to safeguarding minors, revealing that many of its core features are being misused by predators.

Platform Design and Vulnerabilities

TikTok has not sufficiently modified its platform to address the threats posed by paedophiles. In fact, numerous basic functionalities seem to increase the risk for minors. For instance, the search bar allows users to input alarming phrases such as “8 years sexy,” resulting in immediate access to sexualised images of children. This is not an unavoidable outcome; in contrast, a similar search on Instagram triggers a warning about the legal ramifications of child sexual abuse material.

Enforcement of Community Standards

Despite the explicit criminal nature of child sexual abuse content, its distribution contravenes TikTok’s own community guidelines. However, the inadequate enforcement of these terms only heightens the vulnerability of young users. A striking statistic illustrates this point: while TikTok claims that a serious violation, such as sharing child sexual abuse material, can lead to account suspension, our research found that 47% of profiles that had posted such content remained active even after TikTok removed or blocked the material following our notifications. Some of these profiles are still accessible today.

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Content Moderation Challenges

Article 35 of the DSA encourages large platforms to enhance their content moderation processes to better mitigate systemic risks. This includes improving the speed and quality of responses to reports of illegal content. However, from a sample of 50 videos containing explicit child sexual abuse material that we reported, TikTok removed only 10% and restricted access to 26% solely within Spain. Disturbingly, some of this content remains on the platform.

The Flaws in Recommendation Systems

Another critical area for risk reduction lies in the adaptation of recommendation algorithms. Throughout this investigation, we noted repeated exposure to child sexual abuse material in TikTok’s “For You” feed. This issue extends to the recommended profiles, which also shared similar videos. Additionally, the “Community” section, tailored to user interests, displayed videos of minors and profiles claiming to be 13 years old seeking to exchange explicit photos.

Advertising and Monetisation Concerns

Article 35 also addresses risk reduction concerning advertising systems on large platforms. While we did not identify explicit child abuse videos being advertised, we documented notable brands appearing before and after such content. Moreover, several videos containing child sexual abuse material were tagged as “paid collaborations,” likely by their creators.

Failure to Address Systemic Risks

The findings of this investigation reveal a troubling failure by TikTok to address systemic risks, particularly given the multitude of warning signs that have been ignored. Previous research highlighted the sale of AI-generated child sexual abuse content on the platform and its algorithmic amplification. We also identified over 1,300 paedophiles in the comments of videos featuring minors, along with their strategies for connecting on TikTok before moving to private messaging platforms to exchange explicit material.

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Collaboration with Trusted Flaggers

Article 35 further suggests that platforms should work with trusted flaggers—entities recognised for their expertise in identifying specific types of illegal content. There are 28 such trusted flaggers across 21 EU member states, acknowledged for their knowledge in protecting minors. The alarming volume of illegal content uncovered in this investigation underscores the urgent need for TikTok to collaborate more closely with these organisations and other experts to effectively combat this pervasive issue.

Collaborative Efforts Across Platforms

Additionally, the DSA encourages platforms to collaborate with one another through codes of conduct and crisis protocols. This is particularly pertinent, given that over 14% of the 26,000 profiles identified as paedophiles included invitations to connect via other platforms, with Telegram being the most frequently mentioned.

Raising Awareness Among Users

TikTok’s failure to identify and remove underage users or inform them about associated risks makes it impossible to adapt its design for user safety. While the platform prohibits users under 13 from creating accounts, previous investigations have reported users claiming to be as young as 8, with no action taken by TikTok.

Protecting Children’s Rights

The Digital Services Act also emphasises the importance of adopting measures to protect children’s rights, including age verification and parental controls. TikTok’s ineffective age verification systems hinder compliance with rules prohibiting users under 18 from going live. We have documented over 40 live streams featuring individuals clearly underage, yet TikTok has repeatedly failed to act. In many instances, adults have even solicited sexualised behaviour from minors in the comments.

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Labelling of Manipulated Content

The final recommendation within Article 35 calls for the clear labelling of images that may mislead viewers regarding their authenticity. Throughout this investigation, we have encountered numerous identifiable images of minors that were displayed alongside child sexual abuse material without any warnings. It remains questionable whether TikTok can effectively identify and label such content given its struggles to remove illegal material in accordance with legal and community standards.

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