EU platform regulation

The Commission's TikTok 'Rabbit Hole' Finding Is Right to Target Risk Assessment, but It Must Not Dictate Algorithm Design

The EU's DSA finding aimed at a recommender system is defensible as a risk-process test, but it risks turning into a design mandate.

The Commission's TikTok 'Rabbit Hole' Finding People of Internet Research · EU 6% Maximum DSA fine Share of global annual turnover. 0.2% Users using 'not interested' Figure cited by an EU official. 3 Preliminary findings in proceedings Addictive design, minors, recommen… peopleofinternet.com
The Commission's TikTok 'Rabbit Hole' … People of Internet Research · EU 6% Maximum DSA fine 0.2% Users using 'not interested' 3 Preliminary findings in proc… peopleofinternet.com

Key Takeaways

On 6 November 2026 the European Commission preliminarily found that TikTok's 'For You' feed breaches the Digital Services Act. The Commission says the so-called 'rabbit hole effect' keeps serving users personalised videos, including content about mental health struggles and body image. It says TikTok failed to properly assess and mitigate that risk, especially for vulnerable adults and minors. The finding is preliminary, and TikTok can still respond. It follows earlier preliminary findings in the same proceedings on addictive design (February 2026) and the protection of minors (July 2026).

The strongest case for the Commission

The Commission's argument deserves a fair hearing. Recommender systems are not neutral pipes. They are the product. If a feed learns that a user lingers on content about sadness or body image and responds with more of it, a design choice is amplifying a harm, and that effect compounds at scale. Executive Vice-President Henna Virkkunen put it this way, as reported by Eunews: 'Every time a user scrolls or likes a video on TikTok, the algorithm serves more of the same, leading users down rabbit holes they cannot easily escape from.'

The legal hook is also sound. The DSA (Regulation (EU) 2022/2065) requires very large platforms to assess systemic risks, including risks to mental well-being and to minors, and to put reasonable mitigation in place. The Commission describes these findings as covering 'both risk assessment and mitigation measures'. That is a test of process and of whether the response was effective. It is not a ban on personalisation.

Where the finding is strong

According to Eunews's account of the Commission's reasoning, TikTok's existing tools do not work well enough. The company uses 'dispersion' techniques and a feed-refresh function, but the Commission says the refresh 'has proved to be temporary'. It also says the measures 'do not sufficiently reduce how often similar content is recommended'. An unnamed EU official said only 0.2 per cent of TikTok users use the 'not interested' option. If that figure is right, a mitigation that almost nobody uses is a weak mitigation. Judging safeguards by whether they work in practice, not by whether they exist on paper, is the kind of evidence-based approach regulators should take.

The finding is also consistent with a procedural record. The Commission has been building this case against TikTok in stages. The July 2026 preliminary conclusions on minors, reported by Eunews, concerned default account visibility. TikTok replied that accounts for young people come with 'over 50 pre-set privacy and safety features'. Giving the company a written right of reply before any decision is the due-process step that makes this a legitimate enforcement path.

Where the risks lie

The danger is in the remedy. Eunews reports that the Commission wants TikTok to 'disable viewing time as an indicator for content recommendations', among other changes. Viewing time is one of the most basic signals in any feed. It is also a crude proxy for harm. Dwell time is as likely to reflect a user watching a cooking video or a lecture as a distressing clip. Removing it by regulatory fiat means a public authority choosing which ranking inputs are acceptable. That moves from supervising risk management toward designing the product.

Three problems follow.

What proportionate enforcement looks like

The Commission can protect users without setting a precedent that regulators specify algorithms. Four principles would help.

What happens next

As Eunews reports, the European Committee on Digital Services will be consulted. If the conclusions are confirmed, the Commission may adopt a non-compliance decision. Any fine must reflect 'the nature, gravity, recurrence and duration of the infringement' and may reach 6 per cent of the provider's total annual global turnover. That ceiling makes the legal reasoning matter. A decision that sticks to process failures and shows evidence of ineffective mitigation will be defensible, including in the EU courts. A decision that mandates specific algorithmic inputs will be harder to defend and could chill product innovation across the sector.

The Commission has a legitimate case that TikTok's mitigation was inadequate. It should keep to that case and resist turning it into a general power to approve ranking systems.

Sources & Citations

  1. European Commission press release, 6 Nov 2026
  2. Digital Services Act, Regulation (EU) 2022/2065
  3. Eunews: TikTok's 'For You' feed breaches the DSA
  4. Eunews: EU challenges TikTok over minors' accounts