TikTok catalyses extremist views and breaches electoral legislation in Romania

Romania in shock after win of extremist candidate in presidential elections

Following the role that TikTok has played in the first round of presidential elections in Romania on 24.11.2024, fully ignoring DSA requirements, ApTI, together with 20 other NGOs from Romania rang the alarm. In effect, the civil society organsations demanded rapid reactions that mitigate the risks related to the electoral process, in an open letter sent to the national digital services coordinator (ANCOM) that implements DSA in Romania and to the European Commission as coordinator for the same regulation regarding very large online platforms (VLOPS).

Romania has suffered a great political shock after an unexpected win in the first round of the presidential elections. A previously unknown candidate has managed an incredible “performance” in the last weeks of the campaign: to grow his audience on TikTok at a pace that seems artificially generated.

Analyses have examined many social causes for the surprise win, such as social and political turmoil and economic problems. However, the Romanian NGOs highlight a clear and important role that TikTok has played in the surprising results, given the platform is one of the most important online forums for national debates.

The platform has catalysed the electoral content of an extremist candidate, allowing posting from coordinated fake accounts and failing to flag its content as election advertising. The winning candidate claimed that he has spent no financial resources during this campaign.

TikTok eluded its obligations under the DSA

TikTok has publicly claimed that it does not allow political advertising on its platform. Despite of this claim, most candidates in the Romanian presidential elections were promoting themselves aggressively on TikTok through different accounts and non-marked electoral content. This stands contrary to national legislation regarding election campaigns. ApTI argues TikTok breached the DSA when it comes to preventing systemic risks toward the electoral process. TikTok repeatedly dodged responsibility for hosting extremist content – even when reported.

Under DSA rules, VLOPS like TikTok would have a legal obligation to be accountable for their role as intermediaries in online activities, in particular in the context of electoral processes. In the context of the elections in Romania, TikTok has implemented almost none of the specific measures identified in chapter 3.2.1. of the European Commission’s Guidelines to VLOPS on mitigating systemic risks to electoral processes under the DSA, published on April 26, 2024.

TikTok’s lack of transparency, public outreach and accountability for its major role in the Romanian digital information ecosystem is unacceptable in the electoral context presented above and in the context of the DSA.

Romanian civil society organisations demand swift action

The letter signatories appeal to the European Commission and ANCOM, the main institutions responsible at EU and Romanian level for the implementation of the DSA Regulation. They ask for a rapid reaction to mitigate the risks related to the electoral process. They further call on the European Commission and ANCOM to start investigations, in accordance with their legal powers, into the way in which the VLOPS have complied with the rules of the DSA in the electoral process in Romania.

The electoral campaigns for the presidential and parliamentary elections are still ongoing until December 8, 2024. Non-compliance with these rules continues to impact this democratic process, as TikTok’s attitude toward content moderation is a current and ongoing issue for the election process in Romania.

Contribution by: Bogdan Lungu, EDRi member, ApTI