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Posted by thm 13 hours ago

TikTok's 'addictive design' found to be illegal in Europe(www.nytimes.com)
581 points | 422 commentspage 2
RobotToaster 13 hours ago|
> On Friday, the regulators released a preliminary decision that TikTok’s infinite scroll, auto-play features and recommendation algorithm amount to an “addictive design” that violated European Union laws for online safety.

How is that any different to Facebook?

clydethefrog 12 hours ago||
The European Commission bases its investigation on the rules laid down in the Digital Services Act (DSA). This European legislation, introduced in 2022, imposes strict requirements on companies offering digital services in Europe.

In addition to TikTok, the social media company Meta, Facebook's parent company, is also under the investigation.

https://ec.europa.eu/commission/presscorner/detail/en/ip_24_...

Quoting: >The Commission is concerned that the systems of both Facebook and Instagram, including their algorithms, may stimulate behavioural addictions in children, as well as create so-called 'rabbit-hole effects'. In addition, the Commission is also concerned about age-assurance and verification methods put in place by Meta.

And before someone mentions the other? X - the everything app formally known as Twitter - is also under the Commission's scrutiny. It was fined approximately 120 million euro at the end of last year.

input_sh 12 hours ago|||
To explain it in a little bit better: Digital Services Act designates websites as Very Large Online Platforms (VLOPs) based on the number of monthly active users within the EU (>45 million, roughly 10% of all EU citizens).

Once the website is designated as such, you're looked at with more scrutiny, have to comply to higher standards, and the exact remediation steps are decided on a case-by-case basis. All of the cases are chugging along, but not all of them are on the same stage.

If your website is not popular enough to be designated as VLOP, this law basically doesn't exist. It's not like GDPR in a sense that it defines some things everyone has to follow, regardless of your audience size.

RobotToaster 10 hours ago|||
Thanks.

Let's hope they don't chicken out.

black_puppydog 12 hours ago|||
it may not be. but it's common to fight a legal battle against one perpetrator first, then see for the rest. gotta start somewhere, why not start at what's arguably the most toxic and obvious case, even if (or exactly because) it's been around for less long.
Mordisquitos 13 hours ago|||
Maybe it isn't any different to Facebook, I don't know. Why would if matter if Facebook isn't any different from TikTok in the context of this news?
iepathos 12 hours ago|||
Apparent hypocrisy and injustice in government policy is an ugly thing in the world that should be pointed out and eliminated through public awareness and scrutiny.
pjc50 12 hours ago||
Facebook are also under investigation, it just hasn't concluded yet. https://news.ycombinator.com/item?id=46912263
hagbard_c 12 hours ago||||
It matters because everyone - people, companies, countries - is supposed to be equal in front of the law. Selective application of the law shows this not to be the case and shows that there are other factors in play which decide whether someone - a person, a company, a country - gets to violate some law without legal consequences while someone else is prosecuted for the same violation.

If you now think "they have to start somewhere in prosecuting these violations" you're partly correct but also partly mistaken. Sure they have to start somewhere but they could - and if they are really serious about their claims should - have started prosecuting all those other companies which did this way before TikTok or even its predecessor Musically was a thing. Algorithm-driven endless scroll designs to keep user's eyes glued to the screen have been a thing from very early on in nearly all 'social' app-site-things and the warning signs about addictive behaviour in users have been out for many years without the law being thrown at the proprietors of those entities. As to why this has not happened I'll leave for the reader to decide. There are plenty of other examples to be found in this regard ranging from the apprehension of the Telegram CEO to the sudden fervour in going after X-formerly-known-as-Twitter which seem to point at politics being at play in deciding whether a company gets to violate laws without being prosecuted or not.

So what's the solution you ask? As far as I can see it is to keep these companies from violating user's rights by keeping them in line regardless of who owns or runs the company and regardless of whether those owners or proprietors are cooperative on other fronts. Assuming that these laws were written to stem the negative influence these app-things have on their users they should have gone after many other companies much earlier. Had they done so it might even have led to TikTok realising that their scheme would not work in the EU. They might not have launched here or they might have detuned their algorithmic user trap, they might have done many things to negate the negative effects of their product. They might just have decided to skip the whole EU market altogether like many other companies have done and do. I'd have thought 'good riddance', what you?

paulryanrogers 12 hours ago|||
Maybe because FB are getting away with the same thing?
fifilura 12 hours ago|||
I doubt they would if this becomes illegal.

EU laws are slow, sometimes stupid, but consistent.

sithadmin 12 hours ago|||
Are they consistent? As a North American, I find it difficult to take EU/European countries’ stances on addiction seriously when they seem to be decades behind on reducing the prevalence of smoking and drinking, which almost certainly cause more practical harm than TikTok ever could.
KaiserPro 11 hours ago|||
> seem to be decades behind on reducing the prevalence of smoking and drinking,

the EU isn't a federal government. the UK, when it was in the EU did a full smoking inside ban, and tightened it after leaving.

It however had a massive problem with binge drinking and sorta didn't do much to stop that, apart from make it more expensive.

the netherlands has a smoking ban, but it was brought in later (I think). they had a different drinking culture so didn't have the same issues as the UK for drink.

That kind of issue is usually left to member states.

Packaging however is more the EU's purview

ulbu 12 hours ago||||
what is more damaging, a hammer, a sword, or poison?

i hope i don’t have to go out of my way to explain the analogy.

7tflutter7 8 hours ago||
So social media is pure 'poison' with 0 positive impact but other addictive media like video games are tools with noble utility?

The World Health Organization has reached the exact opposite conclusion.

The ICD-11 doesn't include 'social media addiction.' It doesn’t exist clinically. What they did include is 'Gaming Disorder', classifying your 'sword' alongside substance abuse and gambling.

My point is governments could just as easily justify video game crack-downs with this same logic. Is that something we should be cheering on? Really?

fifilura 7 hours ago||
It is not about that. There is surely lots of hypocrisy in particular around alcohol. In most parts of the world TBH.

The discussion is whether companies are treated equally with regards to a particular law.

7tflutter7 5 hours ago||
Ya that's my point. The particular law in question - 'Online platforms that are creating any negative effects on mental wellbeing, like addiction'

This is Fortnite, Minecraft, Netflix, Online Shopping, Dating Apps etc.

pil0u 12 hours ago|||
https://en.wikipedia.org/wiki/Whataboutism
xienze 12 hours ago|||
The problem I have with the way the EU doles out these punishments is that they like to spring them on tech companies after years and years of radio silence and then suddenly it’s “hey TikTok, we just determined you’ve been breaking the law for years, pay us a couple billion please.”

Like, where were they years ago saying “hey TikTok, we think your design is addictive and probably illegal, you need to change or face penalties.” If TikTok continues to operate in the same manner despite a warning, sure, throw the book at them. Otherwise it just seems like the EU waits for years and years until a company is a big enough player and then retroactively decides they’ve been breaking the law for years. Doesn’t help the impression that they’re running a non-EU tech company shakedown campaign.

KaiserPro 11 hours ago|||
Its never really like this.

Tiktok spend a lot of money talking to EU regulators. They know shits coming down the track because these directives have to be put into law by eu members. that takes time.

> Doesn’t help the impression that they’re running a non-EU tech company shakedown campaign.

But thats not the point, companies shouldn't be doing stuff they know is harmful. Thats literally the point of regulation.

AnssiH 10 hours ago||||
> Like, where were they years ago saying “hey TikTok, we think your design is addictive and probably illegal, you need to change or face penalties.”

That is basically what happened today. No penalties have been issued at this point.

Also Commission had sent various requests for information to TikTok in 2023 before they opened these proceedings in early 2024 (https://ec.europa.eu/commission/presscorner/detail/en/ip_24_...) - this didn't come out of the blue.

nickslaughter02 11 hours ago||||
You answered it yourself. They can't extract billions if the company is still small.
7tflutter7 8 hours ago||||
Fines on US tech companies bring in more money to the EU than the EU's entire tech industry combined.
fifilura 6 hours ago||
Haha you may be right.

But instead you may see it as a discount on the money these companies are making from European citizens.

troupo 11 hours ago|||
> Otherwise it just seems like the EU waits for years and years until a company is a big enough player and then retroactively decides they’ve been breaking the law for years.

Lol. It's never like this.

These companies are given plenty of warnings and deadlines. After years and years of ignoring them these companies get slapped with a fine and start playing the victim.

BTW at this point DSA has been in effect for three years

hnbad 12 hours ago|||
Let me rephrase your question: "But if it's illegal for TikTok to do this, shouldn't Meta also be sued over it?"

The answer is "Yes".

StilesCrisis 12 hours ago|||
Not to mention Instagram. It is almost indistinguishable from TikTok now.
embedding-shape 12 hours ago|||
Seems to be the same as Facebook, and a bunch of others, so hopefully they're all looking into ways of stop breaking the law, if their lawyers have flagged this preliminary decision to them yet.
Aerbil313 12 hours ago||
It's not any different. Facebook, Instagram, Tiktok, Reddit, all are in the same boat. Explicitly designed, tested and benchmarked to hack human reward circuits most effectively to maximize ad revenue.
shevy-java 9 hours ago||
So, I think many will reach the conclusion that TikTok's design is addictive. No problem here.

But, when I go to Youtube - owned by Google - and use those shorts (video shorts), I kind of "swipe down". Even on my desktop computer. This is also addictive until I eventually stop.

Why isn't Google also fined? Where does the fine approach stop? I am all for punishing corporations exploiting humans, so that is all fine by me. But I don't quite understand the rationale. It is not addictive like a drug, right? The behaviour solely origins via visual feedback. That's different to e. g. taking LSD. It's a bit strange to me. When is something addictive? Where is the boundary? One could also say this is simply good design that gets people's attention. Ads are also like that. Why are ads not made illegal? I would be in favour of that. So why aren't ads made illegal? They can contain addictive elements. They manipulate the viewer. They try to sell an image. Why is that not forbidden?

JimmyBuckets 8 hours ago||
You prosecute one case at a time. A judgement against TikTok (arguably the largest example) will make similar judgements against others easier.

Also, LSD isn't addictive in any sense of the word.

senbrow 7 hours ago||
We don't need to know the exact boundaries of what's acceptable to recognize obviously harmful behavior and make efforts to stop it on a societal level.

This is the classic "perfect is the enemy of the good" type scenario.

Let's make imperfect progress if that is what we're currently capable of.

graemep 12 hours ago||
No, one branch of the EU (not European) government has said it is likely (there has been no ruling) that its illegal.

Its a good thing, but its not what the title says it is

seydor 7 hours ago||
Again, the most problematic in this is how vague and handwavy the regulation is.

> 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'. Scientific research shows that this may lead to compulsive behaviour and reduce users' self-control.

> Additionally, in its assessment, TikTok disregarded important indicators of compulsive use of the app, such as the time that minors spend on TikTok at night, the frequency with which users open the app, and other potential indicators.

This is comically unscientific language. It's entirely subjective what is adequate when framed like that. This is another law aimed at suing megacorps to extract fines, although i m not sure how they hope to get those fines from China.

pinnochio 6 hours ago|
You're quoting the NYT article. If you're going to criticize the Commission's language for being "vague and handwavy", you should quote the original source.
seydor 6 hours ago||
No, that is actually the EU's press release: https://ec.europa.eu/commission/presscorner/detail/en/ip_26_...
alangibson 8 hours ago||
Give a kid a phone with TikTok on it and observe them for a while. It's genuinely upsetting.

They'll spend hours with their heads down just silently looking at the thing. All desire to do anything else just vanishes. Then they freak out when you try to take it away from them.

The only obvious difference between them and someone on fent is the verticality of their posture.

7tflutter7 7 hours ago|
Using this logic the government should regulate Minecraft too.
sensanaty 1 hour ago||
Minecraft at least engages their brains and can genuinely be used as a good tool for creative outlet. I have 3 kid nephews, and I'd much rather have them building random stuff in Minecraft for half the day than letting them anywhere near youtube shorts for even 10 minutes.

I actually witness this fairly regularly. The eldest has a phone (but only allowed to use it for an hour on weekends). He immediately becomes snappy, moody and basically is just a cunt of a kid as soon as he gets sucked into the brainless shit that youtube pushes on him, whereas he has never acted that way when it came to any video game. Sure he'll complain a bit about wanting to play more, but whether that's a video game or playing football with his friends he'd be complaining anyways, and I'm sure every single child in the history of humanity has complained about not being able to play for longer. Ripping the reels away though? It genuinely feels a lot more insidious to me the effect they have on his mental wellbeing, it turns him into an actual thoughtless zombie for a while as soon as he lays his eyes on them.

And this is coming from the Uncle that was obsessed with video games when I was his age (and I still am!), I'm very happy I didn't have anything like tiktok when I was growing up and was forced to dig holes in the dirt and throw marbles at my friends instead to get my entertainment.

pier25 11 hours ago||
I only tried it once and like 30 mins passed in the blink of an eye. Never again.
SlightlyLeftPad 11 hours ago||
I hope they go after Whatnot, Youtube shorts, and LinkedIn as well.

LinkedIn has become such a pit of force-fed self-help vitriol it’s completely lost its purpose.

ApolloFortyNine 10 hours ago||
I do think it's addictive, but also the very idea of media in general is to keep you around. Television channels try to display content their viewers enjoy, but they can only target broadly. The web allows sites to have way more personal recommendations, but banning it is essentially banning sites because people enjoy it too much.

I think short form content especially is basically brain rot, but I also don't know how you ban something simply because it's too good at providing content people enjoy. The result would just be a worse experience across the board, is that a win?

I guess a forced 5s video saying take a break after 20 minutes of doom scrolling wouldn't be the end of the world, but truely making it illegal doesn't make sense.

asadotzler 6 hours ago||
>I do think it's addictive, but also the very idea of media in general is to keep you around.

I do think it's addictive, but also the very idea of casinos/bars/opium dens in general is to keep you around.

Ylpertnodi 10 hours ago||
Reddit once told me to take a break (i was on the sick for a foot injury). So I did. I now check in once a week, for one hour, max. Ahhh, creatures of habit, that we are.
arethuza 9 hours ago||
On YouTube I seem to mostly get ads for gambling apps that emphasise the controls and safety measures they have.

I've never gambled let along used a gambling app.

ineedaj0b 6 hours ago|
Had they invented Ice Cream in the 2020s, lawmakers of Europe would find it illegal for it's addictive properties. They'd also decree a universal milk fat percentage, perhaps even a law calling dairy farming slavery.

Anything but be competitive

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