Facebook and Instagram are breaching Europe’s Digital Services Act (DSA) rules related to the handling of illegal content, moderation, and transparency, according to a preliminary decision issued by the European Commission. TikTok and Meta have both also been found to be violating transparency obligations under the DSA.

The Commission says that Meta is imposing “confusing” obstacles for Facebook and Instagram users to flag illegal content and challenge moderation decisions, finding that the platforms “appear to use so-called ‘dark patterns’, or deceptive interface designs” that can hinder the removal of content like child sexual abuse and terrorism materials. Meta and TikTok are also found to have “burdensome procedures and tools” in place that prevent researchers from accessing public data.

Both companies are now facing fines of up to six percent of their annual worldwide revenue, pending an official ruling. The platforms can challenge the EU’s findings or take measures to address these concerns before the Commission issues a final decision.