Romanian Election Spotlights EU Digital Services Act Challenges
The recent Romanian presidential election has brought the European Union’s Digital Services Act (DSA) into focus, particularly concerning its effectiveness in moderating online content. Ultranationalist Călin Georgescu’s unexpected victory has raised questions about TikTok’s role in potentially influencing the election outcome. The Romanian audiovisual regulator has requested the European Commission to investigate claims that TikTok’s algorithm disproportionately favored Georgescu. The Commission’s response has been cautious, expanding existing inquiries to TikTok and other major platforms like Meta and Google, but stopping short of a full probe.
The Commission’s approach highlights the challenges of enforcing the DSA swiftly, especially in the context of rapidly spreading social media content. While the DSA allows for significant penalties against non-compliant platforms, the EU executive is wary of being accused of interfering in national elections. This cautious stance is reflected in the ongoing dialogue with TikTok and other platforms, emphasizing the need for robust evidence before taking decisive action. The Commission is under pressure to demonstrate that the DSA can effectively address systemic risks posed by social media algorithms without overstepping its bounds.
Despite the urgency of the situation, the DSA was not designed as a quick solution for electoral issues. Article 34 of the DSA requires platforms to assess systemic risks, such as the impact of recommender systems on public discourse and elections. However, any findings from a potential investigation into TikTok’s practices would not alter the election results. The Romanian case underscores the need for the EU to refine its approach to monitoring digital platforms, particularly during elections, to prevent similar controversies in the future.
In response to the Romanian election, TikTok has been ordered to retain data on national elections in the EU until March 2025. This directive aims to facilitate any future investigations and will be in effect during Germany’s upcoming elections in February. The incident serves as a crucial learning opportunity for the EU to enhance its digital governance framework, ensuring that the DSA can effectively safeguard democratic processes without compromising its regulatory objectives.
Source: Romania gives Europe’s digital police their first big test
