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EU probes TikTok over alleged failure to protect minors

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2 months ago

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EU probes TikTok over alleged failure to protect minors

The European Commission has opened formal proceedings to assess whether TikTok may have breached the Digital Services Act (DSA) in areas linked to the protection of minors, among others.

The Bytedance-owned company is also being investigated on issues concerning advertising transparency, data access for researchers, as well as the risk management of addictive design and harmful content.

The Commission said the investigation is based on the preliminary investigation conducted so far, including an analysis of the risk assessment report sent by TikTok in September 2023, as well as TikTok’s replies to the Commission’s formal Requests for Information on illegal content, protection of minors, and data access.

Under the EU’s DSA, which came into force this month, penalties for confirmed breaches can reach up to 6% of global annual turnover.

More insights

Providing details of the probe, the European Commission in a statement released on Monday, said the proceedings will focus on:

  • “The compliance with the DSA obligations related to the assessment and mitigation of systemic risks, in terms of actual or foreseeable negative effects stemming from the design of TikTok’s system, including algorithmic systems, that may stimulate behavioural addictions and/ or create so-called ‘rabbit hole effects.

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  • “Such assessment is required to counter potential risks for the exercise of the fundamental right to the person’s physical and mental well-being, the respect of the rights of the child as well as its impact on radicalization processes. Furthermore, the mitigation measures in place in this respect, notably age verification tools used by TikTok to prevent access by minors to inappropriate content, may not be reasonable, proportionate and effective;
  • “The compliance with DSA obligations to put in place appropriate and proportionate measures to ensure a high level of privacy, safety and security for minors, particularly with regard to default privacy settings for minors as part of the design and functioning of their recommender systems;
  • “The compliance with DSA obligations to provide a searchable and reliable repository for advertisements presented on TikTok;
  • “The measures taken by TikTok to increase the transparency of its platform. The investigation concerns suspected shortcomings in giving researchers access to TikTok’s publicly accessible data as mandated by Article 40 of the DSA.”

Background

TikTok was designated as a Very Large Online Platform (VLOP) on 25 April 2023 under the EU’s Digital Services Act, following its declaration of having 135.9 million monthly active users in the EU. As a VLOP, four months from its designation, TikTok had to start complying with a series of obligations set out in the DSA.

Other companies affected by the DSA and listed as VLOP include Facebook, X (Twitter), Alibaba’s AliExpress, Amazon Marketplace, Apple AppStore, Booking.com, Google Play, Google Maps, Google Shopping, Instagram, LinkedIn, Pinterest, Snapchat, Wikipedia, YouTube, Zalando, Bing, and Google Search.

EU probes TikTok over alleged failure to protect minors

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Judicial Reform: NBA seeks removal of CJN as head of NJC

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51 mins ago

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April 27, 2024

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Chief Justice of Nigeria is Justice Olukayode Ariwoola

Judicial Reform: NBA seeks removal of CJN as head of NJC

The Nigerian Bar Association, NBA, has faulted the composition of the National Judicial Council, NJC, which is the body responsible for disciplining erring judicial officers in the country.

NBA, which is the umbrella body of legal practitioners in the country faulted the current system that made it mandatory that the Council must be headed by the Chief Justice of Nigeria, CJN.

According to the NBA, “The inherent flaws in the composition of the NJC impact negatively on its ability to prosecute judicial misconduct in a manner that inspires public confidence.”

Consequently, the NBA recommended that “members of the NJC should be appointed as follows: six judicial officers appointed by CJN; six lawyers nominated by the National Executive Council of the NBA including the NBA President and six non lawyers appointed by the President, Federal Republic of Nigeria, subject to the approval of the Senate.

“The Chairmanship of these bodies should be rotated between the heads of the three constituent groups.”

Besides, the NBA recommended the appointment of court administrators to take over the administrative functions if the various Heads of court such as procurement, budgeting, renovation of courts and implementation of judicial appropriations.

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“These are activities within court administration that have severally been identified by the anti-corruption bodies as areas prone to corrupt activities.

“This proposal for the creation of this office takes cognizance of the role of the Chief Registrars of courts who will under the proposed arrangements enable them (together with heads of courts) concentrate solely on the business of adjudication especially case management without distraction.”

It further demanded the de-linking of judicial remuneration from that of the civil service, noting that there had always been an informal linkage between judicial salaries and that of senior civil servants and public officers.

“There is the need to de-link judicial remuneration from that of the civil/public service. De-linking judicial remuneration from that of the civil/public service would not only strengthen the perception of judicial independence, but would also provide the necessary safeguard and reassurance to judicial officers,” it added.

The recommendations were contained in proposals the NBA submitted at the just concluded national summit on justice sector reforms.

Meanwhile, reading the communique to newsmen on Friday, Chairman of the Joint Planning Committee of the summit, Dr. Babatunde Ajibade, SAN, said proposals for reform that were made by the NBA were considered and approved in modified form.
He said: “The general consensus reached by this panel was that the role of the NJC in discharging its responsibility for judicial appointments into the Superior Court of record required significant review.

“There was a concern expressed about the fact that the Chief Justice of Nigeria, who is the chairman of the NJC is also the chairman of the Federal Judicial Service Commission, which is the body that initially reviews proposals or lists of candidates by appointment into judicial office.

“The members pointed out the seeming inconsistency between the chief justice of Nigeria playing both those roles, as it would appear that he was then recommending candidates to himself being chairman of both bodies, and being the person who appoints a significant number of the members of both bodies other than those who are statutory members.

“There was a general consensus that there was a need to reconstitute or proposed the reconstitution of these bodies, both the National Judicial Council and the Federal Judicial Service Commission,” Ajibade, SAN, added.

Judicial Reform: NBA seeks removal of CJN as head of NJC

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Yahaya Bello: Court summons EFCC chair over contempt 

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8 hours ago

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April 26, 2024

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Yahaya Bello: Court summons EFCC chair over contempt 

A Kogi State high court has ordered Chairman of the Economic and Financial Crimes Commission (EFCC), Ola Olukoyede, to appear before it on May 13 to show why he should not be convicted for allegedly disobeying its order.

The presiding judge, Isa Jamil Abdullahi, gave the order on Friday while ruling in a suit No: HCL/68M/2024 and motion No: HCL/190M/2024, filed by former Kogi governor, Yahaya Bello.

Bello on February 8, Bello instituted a suit asking the court to restrain the commission from arresting him.

The court granted the injunction restraining the EFCC on February 9.

But the EFCC on March 12 filed an appeal against the order.

However, the commission has filed a notice to withdraw the appeal.

In the notice filed on April 22, the anti-graft agency said the withdrawal was predicated on the fact that events had overtaken the appeal.

The commission also admitted that the appeal was filed out of the time allowed by law.

Bello approached the court again, praying for an order to invite the EFCC chairman and slammed with a contempt of court allegation.

The judge granted Bello’s prayers and ordered Olukoyede to appear before the court to answer the contempt charge.

“The applicant’s application before me is to the effect that the respondent has carried out some acts upon which they have been restrained by this court on February 9, pending the determination of the substantive motion on notice before this court,” the judge held.

“That the said act was carried out by the respondent in violation of the order which was valid and subsisting when they carried out those acts. That same act of the respondent amounts to an act of contempt.

“It’s against the above facts that this court hereby grants the prayers sought in line with the principle of ‘Audi Ultra Patem’ (listen to the other side).

“This matter is adjourned to May 13 for the respondent’s chairman to appear before this court in answer to form 49 ordered to be served on him.”

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Labour shuts NSITF head office over staff salary cut

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15 hours ago

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April 26, 2024

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Labour shuts NSITF head office over staff salary cut

Members of the organised labour, on Friday, protested and shut down the headquarters of Nigeria Social Insurance Trust Fund (NSITF) over alleged cut of workers’ salaries in the agency by the management of the fund.

The aggrieved protesters, led by the President of Trade Union Congress (TUC), Festus Osifo and executive members of the Association of Banks, Insurance and Financial Institutions (ASSBIFE), started their demonstrations at about 11:00am.

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Armed with placards with various inscriptions, the protesters alleged that the management led by Mrs Maureen Allagoa, the Managing Director of the Fund, had made deductions of consequential taxes from their salaries to the tune of N2.1bn which were not remitted.

Addressing the protesters, Osifo said the protest and subsequent shutdown of the Fund became imperative after efforts made by the leadership of ASSBIFE to resolve the issue amicably with the management failed.

The protesters urged President Bola Tinubu to sack the MD of the agency with immediate effect to avert “looming crises” in the Fund and called on the Economic and Financial Crimes Commission (EFCC) to probe their claims.

Both the MD of the Fund, Mrs Allagoa and spokesman of the Fund, Mr Godson Nwachukwu could not be reached for comments at the time of filing this report.

Labour shuts NSITF head office over staff salary cut

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