Meta faces Dutch court two-week ultimatum over Facebook, Instagram DSA violation

Meta has been ordered by a Dutch court to give its Dutch users simple options for tailoring their feed. The new case adds to a long list of Meta’s regulatory and legal challenges in Europe after a court in the Netherlands ordered the company to overhaul its algorithm system. 

Meta Platforms has been ordered by a Dutch court to change how Facebook and Instagram present content to users, ruling that the company’s reliance on profiling and its design practices violate European Union digital regulations.

Meta has just two weeks to comply with the judgment.

Dutch court instructs Meta to overhaul its algorithm

The District Court in Amsterdam found that both Facebook and Instagram fail to provide Dutch users with simple, direct options to access a timeline free from algorithmic profiling. Under the current design, users who select a chronological or non-profiled feed get their preference reset to a default “recommended” timeline whenever they close the app or website.

The Amsterdam court concluded that it found a prohibited “dark pattern” amounting to a manipulative design tactic that nudges users toward less privacy-protective choices. According to the ruling, such practices undermine the right to freedom of information guaranteed under European law.

“People in the Netherlands are not sufficiently able to make free and autonomous choices about the use of profiled recommendation systems,” the court stated, directing attention to the upcoming Dutch general election on October 29 and hammering on the importance of preserving genuine user choice.

Meta must now provide a “direct and simple” mechanism for users to opt out of a personalized timeline and ensure that those preferences remain in place across sessions. If the company fails to comply within two weeks, it could face further legal and regulatory penalties.

Meta plans to contest

Meta has said it will continue to argue that it has already made substantial adjustments to comply with the Digital Services Act (DSA). The Zuckerberg-led tech giant highlighted changes that allow users to access a chronological feed and claimed it had properly informed users in the Netherlands about those tools.

A Meta spokesperson warned that the ruling risks undermining the EU’s unified digital regulatory framework. “The issue is a matter for the European Commission and regulators at the European level, not for courts in individual countries,” the spokesperson said. “Proceedings like this threaten the digital single market and the harmonized regulatory regime that should underpin it.”

Meta also stressed that it had been proactive in aligning its platforms with the DSA, which came into force earlier this year. The law requires large platforms to provide transparency on how algorithms work, give users alternatives to profiling-based feeds, and avoid manipulative interface designs.

The case was brought forward by Bits of Freedom, a Dutch digital rights organization. The group has long campaigned against algorithm-driven platforms that it argues erode users’ ability to control what they see online.

“This ruling makes it clear that Meta must respect user preferences,” Maartje Knaap, the spokesperson for the group, said. “It is unacceptable that a few American tech billionaires can determine how we view the world.”

The organization said that the judgment is a crucial step in reinforcing the goals of the DSA, particularly its focus on protecting citizens from coercive design practices.

The Netherlands is preparing for a general election later this month, and regulators and courts across Europe are acutely aware of the role social media platforms play in shaping political debate. By requiring a persistent chronological feed option, the court aims to reduce algorithmic influence on voter exposure to political content.

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Source: https://www.cryptopolitan.com/meta-dutch-court-two-week-ultimatum/