Phoenix 24
A criminal investigation challenges the platform’s child protection safeguards.
MADRID, Spain. Spanish prosecutors have filed a criminal complaint against TikTok over the alleged distribution of child sexual abuse material, demanding the immediate removal of reported content and a judicial investigation into possible criminal offenses. The action follows an investigation by fact-checking organization Maldita.es that identified 1,183 videos and more than 26,000 suspicious accounts on the platform.
The complaint was submitted by Elvira Tejada de la Fuente, Spain’s senior prosecutor specializing in cybercrime, following instructions issued by Attorney General Teresa Peramato. Prosecutors have requested investigative proceedings, confidentiality measures and the identification of individuals potentially responsible for distributing illegal material.
Maldita.es reported that the identified videos had accumulated approximately 48 million views. Its investigation also documented accounts allegedly involved in exchanging or selling abusive content, raising concerns about the effectiveness of TikTok’s automated moderation systems.
The organization examined how the platform responded to reported violations. Among 50 videos flagged to TikTok, representing approximately 8.8 million views, only five were initially removed, while another 13 were restricted exclusively within Spain.
These findings prompted questions about whether content recommendation systems could inadvertently amplify harmful material or facilitate access to networks exploiting children.
TikTok maintains that its policies prohibit sexual exploitation involving minors and that it uses technological detection tools to identify and remove prohibited content. The company says it has taken additional measures following the investigation and intends to cooperate with authorities. It also disputes aspects of Maldita.es’s reporting, arguing that investigators did not initially provide all the information needed to locate the material.
Spain’s Minister of Youth and Children, Sira Rego, has called for consideration of an exceptional suspension of TikTok in the country. Meanwhile, the Spanish Data Protection Agency has initiated proceedings to assess potential violations involving children’s personal information and determine whether specific content should be blocked.
The case also raises broader questions about platform responsibility under European digital regulations, particularly the obligations of major online services to assess systemic risks and protect vulnerable users.
However, the filing of a criminal complaint does not establish TikTok’s criminal liability. Judicial authorities must determine whether offenses occurred, identify responsible parties and evaluate the company’s role.
For technology companies, the investigation underscores the importance of effective moderation, rapid reporting procedures and transparent responses to credible evidence of child exploitation.
For regulators, it presents a more difficult challenge: ensuring that digital platforms can identify and remove harmful material before automated distribution systems expose additional users to it.
Beyond the Headlines, Accountability Matters.