Meta has been handed a two-week ultimatum by a Dutch court to give its residents simple options for tailoring their feeds. The development adds to a long list of legal challenges for the country in the Netherlands after it was ordered to overhaul its algorithm system.
According to the ruling, the company is expected to change how Facebook and Instagram present content to its users, ruling that its reliance on profiling and its design practices violate European Union digital regulations.
Meta instructed to overhaul its algorithm
The District Court in Amsterdam discovered that Facebook and Instagram failed to provide Dutch users with simple and direct means to access a timeline free of algorithmic profiling. Under the current design, users who use a chronological or non-profiled feed get their preference reset to a default recommended timeline when they close the app.
The court mentioned that it found a prohibited dark pattern that stems from a manipulative design tactic that moves users towards less privacy-protective choices. According to the ruling, such practices undermine the 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.
The Amsterdam court also directed attention towards the upcoming Dutch general elections on October 29, noting the importance of preserving genuine user choice. Meta must now provide a direct and simple mechanism for its users to opt out of the personalized timeline, a move that ensures that those remain in place across sessions. If the company fails to comply within the next two weeks, it could face further legal actions and even regulatory penalties.
Meanwhile, Meta has mentioned that it has already made the right adjustments to comply with the Digital Services Act (DSA). The company highlighted changes that allow users to access a chronological feed, claiming that it has properly informed users in the country about the tools. A spokesperson also warned that the ruling might risk 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 mentioned that it had been proactive in aligning its platform with the DSA, which was announced earlier this year. The law requires platforms to provide transparency on how algorithms work, among other things.
