Bits of Freedom Wins Landmark Case on Social Media Feeds

A Dutch court has ruled that Meta must respect users’ choices on how their Facebook and Instagram feeds are shown. The verdict, delivered today in Amsterdam, is the first in Europe to hold that hiding or resetting a neutral feed violates the Digital Services Act.

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The case was brought by our grantee Bits of Freedom, which argued that Meta forced people back into profiling-driven feeds, even after they chose a chronological one. The court agreed, finding that Meta’s design amounted to a “dark pattern,” a manipulation that erodes users’ autonomy and undermines their freedom of information.

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“We are pleased that the judge now makes clear that Meta must respect the user’s choice,” says Maartje Knaap, spokesperson for Bits of Freedom. “It is absolutely unacceptable that a handful of American tech billionaires determine how we see the world. That concentration of power poses a risk to our democracy."

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Meta Ireland, which runs Facebook and Instagram in Europe, was ordered to make the non-profiled feed persistent: once users select it, their choice must remain in place even if they switch sections or restart the app. The company must also make the option easy to find on both apps and websites. If Meta fails to comply within two weeks, it faces a penalty of €100,000 per day, up to €5 million.

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For voters in the Netherlands, where elections take place later this month, the ruling means social media feeds can no longer be tilted back toward what algorithms predict will spark the most reaction.