Dutch court increases pressure on Meta over non-profiling social media feeds
Meta must ensure non-profiling feeds remain active for Facebook and Instagram users.
A court in the Netherlands has increased potential penalties against Meta after ruling that changes to social media timelines must be implemented urgently.
The decision raises the potential fine for non-compliance from €5 million to €10 million if required adjustments are not applied to Facebook and Instagram feeds.
Judges at the Amsterdam Court of Appeals said users must be able to select a timeline that does not rely on profiling-based recommendations.
The ruling follows a legal challenge from the digital rights organisation Bits of Freedom, which argued that users who switched away from algorithmic feeds were automatically returned to them after navigating the platform or reopening the application.
The court concluded that the automatic resetting mechanism represents a deceptive design practice known as a ‘dark pattern’.
Such practices are prohibited under the EU’s Digital Services Act, which requires large online platforms to provide greater transparency and user control over recommendation systems.
Judges acknowledged that Meta had already introduced several technical changes, although not all required measures were fully implemented. The company must ensure that the non-profiling timeline option remains active once selected, rather than reverting to algorithmic recommendations.
The dispute also highlights regulatory tensions within the European framework. Before turning to the courts, Bits of Freedom submitted a complaint to Coimisiún na Meán, the national authority responsible for overseeing Meta’s compliance with the EU rules.
According to the organisation, the lack of progress from regulators encouraged legal action in Dutch courts.
Meta indicated that the company intends to challenge the decision and pursue further legal proceedings. The case could become an important test of how the Digital Services Act is enforced against major online platforms across Europe.
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