The case was brought by the internet user group Bits of Freedom, which argued that the American company Meta is acting in violation of the European Digital Services Act. The judge sided with the digital civil rights organization and ruled that users must have the option to permanently save their choice.
Currently, users can select a chronological timeline, but this setting is lost once the app is reopened or another function is clicked. Moreover, the option is hard to find in the settings, which the court said undermines freedom of choice.
The judge stated that Meta’s current design choices explicitly steer users towards personalized feeds, which generate more advertising revenue.
The judge ruled that Meta must adjust its platforms for Dutch users within two weeks. Failure to comply will result in a penalty of one hundred thousand euros per day, up to a maximum of five million euros. Meta has thus been given a strict deadline.
The ruling requires Meta to make the algorithm-free timeline easily accessible, both on the homepage and in features like Reels. The setting must also be retained when users close the app or navigate to other sections. This marks a structural change in how the company offers its feeds.
Bits of Freedom argued in the case that Meta violates the new European DSA rules by forcing users to repeatedly choose an algorithm-free feed and by hiding this option in complicated menus. The court agreed, stating that the Digital Services Act requires companies to offer fair, transparent, and user-friendly choices.
Bits of Freedom emphasized that the procedure was necessary because Meta CEO Mark Zuckerberg did not voluntarily comply with the new European rules. According to the group, the Dutch court’s decision proves that large American tech companies are not above the law and that intervention is necessary to protect citizens’ democratic rights.
Although the ruling is based on European law, it currently applies only to Dutch users. Nevertheless, the verdict could have consequences for future lawsuits elsewhere in the European Union, where similar concerns exist about the power of social media platforms and their influence on public opinion.
In addition, Dutch MEP Kim van Sparrentak (GroenLinks) believes the European Commission should intervene soon with both the Chinese and American versions of TikTok, due to possible influence on the Dutch parliamentary elections at the end of this month.
Van Sparrentak points out that TikTok last week actively recommended livestreams of the violent radical right-wing demonstration in The Hague. According to her, TikTok profits from distributing this type of video footage and its algorithm also exposes extreme messages to users who are not searching for them.
With the parliamentary elections approaching (October 29), Van Sparrentak fears voter manipulation via social media. She refers to previous interference in Romania and the Czech Republic, where Russian networks deployed thousands of fake accounts. "The European Commission must finally show courage and intervene," said Van Sparrentak.