Bits of Freedom sued Meta for a breach of the Digital Services Act (DSA). This European legislation is intended to give users more autonomy and control over the major online platforms. One of the core elements of the DSA is that users must have greater influence over the information they see.
For many people, and especially for young people, social media platforms are a major source of news and information. Therefore it is crucial that users themselves can decide which content appears on their feed. Without that freedom of choice, participation in the public debate is seriously hampered. That is problematic at any time, but especially so during election periods. In the Netherlands, national elections will be held at the end of this month.
The judge states that Meta is indeed acting in violation of the law. He says that “a non‑persistent choice option for a recommendation system runs counter to the purpose of the DSA, which is to give users genuine autonomy, freedom of choice, and control over how information is presented to them.” The judge also concludes that the way Meta has designed its platforms constitutes “a significant disruption of the autonomy of Facebook and Instagram users.” The judge orders Meta to adjust its apps so that the user’s choice is preserved, even when the user navigates to another section or restarts the app.
“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. At the same time, it is regrettable that we need to go to court to ensure Meta complies with the law.”
Meta has an interest in steering users toward a feed where it can show as many interest‑ and behavior‑based ads as possible. That is the core of Meta’s revenue model. Subtle design techniques push users toward that feed, while the non‑profiled feed is hidden behind a logo, making it hard to find. Users who do choose the alternative timeline also lose direct access to features such as Direct Messages. Moreover, when you open the app, it always starts with Meta’s feed, even if the user selected a different one before. Because of the judge’s ruling, Meta must change its behavior.
“This ruling shows that Meta is not untouchable,” continues Maartje Knaap. “But we are also realistic, this is just a drop in the ocean. There’s still a long way to go. We hope the decision will inspire individuals, civil society organisations, regulators and lawmakers worldwide around the world who are working to rein in Meta’s power. Together we can stand up to a company that has become overwhelmingly powerful.”
You can find the ruling here (in Dutch).