A Dutch court on Thursday ordered Meta Platforms (NASDAQ: META) to overhaul how Facebook and Instagram users in the Netherlands can control their feeds, saying the company must provide a “direct and simple” option to opt out of profiled timelines.
Court Ruling
Judges found that Meta’s current practice—defaulting users back into an algorithm-driven, personalized feed whenever the app or website is reopened—constitutes a “dark pattern” under the EU’s Digital Services Act (DSA).
- Users must be able to select a chronological or non-profiled timeline without being nudged back into recommendations.
- Once chosen, that preference must remain in effect until the user actively changes it.
- The court said Meta’s design infringes on citizens’ freedom of information and undermines autonomous choice, particularly sensitive ahead of the Dutch general election on October 29.
Reaction from Meta
Meta said it will appeal the ruling, insisting it has already made “substantial changes” to comply with the DSA and informed Dutch users about options to view content without personalization.
A spokesperson warned that “proceedings like this threaten the digital single market and the harmonized regulatory regime” by letting national courts dictate rules already overseen by the European Commission.
Civil Society Response
The case was brought by Bits of Freedom, a Dutch digital rights group, which hailed the decision as a landmark.
“It is unacceptable that a few American tech billionaires can determine how we view the world,” said spokesperson Maartje Knaap.
The ruling forces Meta to rework Facebook and Instagram feeds in the Netherlands within two weeks. While limited geographically, the decision underscores the growing legal and political pressure on US tech giants in Europe—and raises questions about whether other EU courts will follow suit.
