TikTok is facing a critical systemic failure as investigations reveal the platform remains a destination for child sexual abuse material, the sexualization of minors, and predatory behavior.
Despite repeated warnings and the sharing of data with the company, the platform has failed to implement protections, allowing predators to operate without consequence.
According to a third investigation by the Fundación Maldita.es, the situation has worsened over the last six months. Previous efforts to address these safety concerns included sharing a database of more than 1,300 accounts identified as belonging to pedophiles and holding multiple meetings with TikTok’s internal teams.
Investigators found that the platform’s current state functions in favor of predators, ignoring the eleven key points mandated by European legislation for the protection of minors. The investigation also highlighted the presence of explicit material in open view, the constant recommendation of channels selling abuse material, and live broadcasts featuring minors being harassed by adult men.
The report characterizes the platform’s response as limited to temporary patches and excuses, noting that the company has not offered substantive solutions or engaged in direct public accountability. In response to the ongoing inaction, some major companies have withdrawn their advertising investments from the platform.
Advocates are now calling for a more efficient application of existing laws, including the European Digital Services Act and the Spanish Penal Code. Parliament is also considering the Organic Law for the protection of minors in digital environments.
This proposed legislation aims to establish clear mechanisms for criminal and financial liability for digital platforms that negligently ignore notifications regarding illegal child sexual abuse content. The parliament resulting from the elections on Nov. 29 is expected to address this measure, with hopes for a cross-party agreement before the end of 2028.
“Lo que necesitamos es una aplicación eficiente de una legislación que ya existe: el Reglamento Europeo de Servicios Digitales y el Código Penal español. Y, posiblemente, también legislación nueva.” (Fundación Maldita.es)”
The scope of the problem remains a point of concern for regulators, who are looking to the European Union’s upcoming “EU Kids Act” to impose specific obligations on platforms. Meanwhile, the National Commission on Markets and Competition remains effectively stalled, leaving the designation of reliable alert systems and researcher access to platform data—both essential for monitoring these abuses—largely unaddressed.
