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According to a Reuters report, a Dutch court has recently ruled that Meta must revise the design of the Facebook and Instagram news feeds, finding that the current algorithmic recommendations violate the provisions of the Digital Services Act (DSA) and restrict users’ freedom to choose how information is presented.
The court noted that users in the Netherlands “are not sufficiently free and autonomous in deciding whether to use personalized recommendation systems.” As a result, it ordered that Facebook and Instagram feeds must provide an option to view content in chronological order or through other non-algorithmic sorting methods. Moreover, once a user disables the algorithmic feed, the platforms may not automatically revert to it upon reopening the apps.
The case was brought forward by the Dutch digital rights organization Bits of Freedom. Its spokesperson, Maartje Knaap, declared: “It is unacceptable that a handful of American tech billionaires decide how we see the world.”
Meta, however, announced it would appeal the decision, stressing that the interpretation and enforcement of the DSA should be the responsibility of the European Commission and EU-level regulators, rather than individual national courts. The company argued that this ruling undermines the integrity of the “European Digital Single Market.”
If Meta fails to comply within the mandated timeframe, it may face fines of $117,000 per day, which could accumulate to a maximum of $5.8 million.
Since coming into effect in 2022, the Digital Services Act has already had a profound impact on major technology giants. Meta, Alphabet, Apple, and others have faced investigations and, in some cases, fines amounting to hundreds of millions of dollars for violations. The law encompasses a wide range of obligations, including privacy protections, data security, safeguarding minors, and enhanced service transparency. More recently, it has imposed stricter requirements on advertising transparency and recommendation system options.
This Dutch court ruling not only tests Meta’s compliance strategy in the European market but also underscores the DSA’s tangible enforcement power in ensuring user autonomy and curbing algorithmic dominance. Should other courts across the EU follow suit, Meta may ultimately be forced to implement sweeping changes to the Facebook and Instagram feeds throughout the entire European market.
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