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WhatsApp, the popular messaging platform owned by Meta, has crossed a significant threshold under the European Union’s Digital Services Act (DSA), triggering new regulatory obligations aimed at combating illegal and harmful content online.

On February 14, WhatsApp revealed that it had an average of 46.8 million monthly active users across the European Union. This number, which reflects the six-month period ending in December 2024, exceeds the 45 million-user requirement established by the DSA. As a result, WhatsApp is now subject to a range of strict regulations designed to address online safety concerns and ensure the platform’s compliance with EU law.

What Does the DSA Mean for WhatsApp?

With its user numbers exceeding the 45 million threshold, WhatsApp has officially been designated as a “Very Large Online Platform” (VLOP) under the DSA. This designation brings with it a set of obligations that Meta must adhere to in order to continue operating within the EU market.

As part of these obligations, WhatsApp now has four months to implement comprehensive measures to address potential risks associated with illegal content, fundamental rights, public security, and the protection of minors. These measures include enhanced moderation practices, transparency about the platform’s content policies, and better safeguards for user privacy and safety.

The DSA, which was enacted to make the internet safer and more accountable, is a sweeping regulatory framework that aims to curb the spread of harmful content, including hate speech, child exploitation material, and other illegal activities. As a VLOP, WhatsApp will need to take proactive steps to identify and mitigate these risks, while also ensuring that its platform complies with EU laws protecting users’ rights.

Potential Fines and Compliance Challenges

Failure to comply with the DSA’s requirements could result in significant financial penalties for WhatsApp and its parent company Meta. The penalties for non-compliance can reach as high as 6% of a company’s global annual revenue, a substantial amount given Meta’s size and global reach.

WhatsApp is not the only Meta platform to be classified as a VLOP. Both Facebook and Instagram, Meta’s flagship social media platforms, also hold this designation, subjecting them to the same set of stringent rules. The additional regulatory scrutiny on WhatsApp means that Meta will likely need to invest heavily in compliance efforts, including the development of better tools to detect and remove illegal content, improve user reporting systems, and introduce more robust safeguards against harmful online behavior.

Meta’s CEO, Mark Zuckerberg, and its chief lobbyist, Joel Kaplan, have been vocal critics of the EU’s tech regulations. The company has raised concerns that these rules could stifle innovation and place undue burdens on platforms like WhatsApp, which play a critical role in connecting people worldwide. Zuckerberg and Kaplan have also sought support from high-profile figures like former U.S. President Donald Trump in their efforts to challenge or delay the implementation of these policies.

Despite these concerns, the European Commission remains steadfast in its commitment to enforcing the DSA. The EU’s primary goal is to protect users from online harm, improve transparency, and ensure that tech giants are held accountable for the content that circulates on their platforms.

WhatsApp’s Role in Addressing Online Harm

WhatsApp has long prided itself on offering a secure, encrypted messaging service that respects user privacy. However, as a major player in the digital space with millions of users, it faces growing pressure to address the potential harms associated with its platform. WhatsApp’s encryption technology, while providing robust privacy protections, has also raised concerns among policymakers, particularly regarding the potential for the platform to be used for illegal activities, such as the dissemination of harmful content or the coordination of criminal activity.

To meet the DSA requirements, WhatsApp will need to strike a delicate balance between maintaining user privacy and adhering to new legal obligations designed to enhance safety. This could involve making changes to its platform’s content moderation practices, such as introducing more advanced AI tools to detect harmful content or enabling easier reporting for users who encounter illegal material.

WhatsApp may also need to revise its policies on user data, making them more transparent and accessible to regulators. The platform’s ability to meet these requirements will likely be closely monitored by both EU authorities and users, as the success or failure of WhatsApp’s compliance efforts could set a precedent for other tech companies facing similar regulatory pressures.

Meta’s Ongoing Struggle with EU Regulations

Meta’s ongoing battle with European regulators has been well-documented, with the company frequently clashing with EU officials over data privacy, competition laws, and now the DSA. Zuckerberg and Kaplan have argued that the regulations, while well-intentioned, may place an undue burden on companies that provide free, global services.

The criticism of the DSA has centered on its potential to disrupt business models that rely on user-generated content and advertising revenue. Meta has expressed concern that the DSA’s requirements could lead to increased costs, as well as limit the effectiveness of some of its platforms, especially when it comes to moderating content across different languages and cultures.

Despite these concerns, the European Union has remained firm in its stance on the need for greater accountability from big tech companies. The EU has made it clear that protecting the interests of consumers and ensuring that platforms are held responsible for the content they host are its top priorities.

What’s Next for WhatsApp?

WhatsApp’s new classification as a Very Large Online Platform under the DSA marks a pivotal moment for both the platform and its parent company, Meta. The company now faces significant challenges as it works to meet the stringent requirements of the law. While WhatsApp has been a leader in providing secure messaging services, the increased regulatory scrutiny means it must evolve to address the growing concerns over online harm and safety.

As Meta grapples with these changes, its approach to compliance will be closely watched by both regulators and industry stakeholders. The outcome of this regulatory process could have far-reaching implications for the future of tech regulation in Europe and beyond.

For more on WhatsApp’s compliance with the Digital Services Act, visit Financial Mirror.