Dutch court orders Meta to make non-algorithmic feeds easier on Facebook and Instagram

Facebook and Instagram must be modified to make it easier to avoid the apps’ algorithms. Dutch digital human rights group Bits of Freedom has demanded that parent company Meta give its users the option to select a feed that isn’t based on profiling.

The case concerns the news feed that users see when using Facebook or Instagram. The feed is constructed using an algorithm that determines which posts are displayed and in what order. Bits of Freedom wants users to have more autonomy and control over their timeline, as intended by the Digital Services Act (DSA).

Both Facebook and Instagram have this option, but it’s hard to find. Furthermore, the user’s choice isn’t stored. As soon as they close the app, they’re returned to the original timeline with the algorithm.

According to Bits of Freedom, this means that users don’t really have a choice. That’s why the digital civil rights movement sued Meta.

In a summary proceedings, the Court of Amsterdam ruled that Meta is indeed violating European privacy laws.

The judge said that “a non-persistent choice option for a recommendation system runs counter to the purpose of the DSA, which is to give users genuine autonomy, freedom of choice, and control over how information is presented to them.”

This constitutes “a significant disruption of the autonomy of Facebook and Instagram users.”

According to the Court of Amsterdam, Meta is “infringing on the freedom to gather information, which, as part of the fundamental right to freedom of expression, is essential to a democratic society.”

With the elections on October 29th approaching, Meta must modify its apps within two weeks. The tech company must ensure that the option for a news feed without an algorithm becomes “directly and easily accessible” and is also remembered. If Meta fails to comply, it will have to pay a penalty of €100,000 per day, up to a maximum of €5 million.

Maartje Knaap, spokesperson for Bits of Freedom, is very pleased with the court’s ruling.

“It is absolutely unacceptable that a handful of American tech billionaires determine how we see the world. That concentration of power poses a risk to our democracy. At the same time, it is regrettable that we need to go to court to ensure Meta complies with the law,” she said in a statement.

Knaap continues by saying that this ruling shows that Meta isn’t untouchable.

“We are also realistic – this is just a drop in the ocean. There’s still a long way to go. We hope the decision will inspire individuals, civil society organizations, regulators, and lawmakers worldwide around the world who are working to rein in Meta’s power. Together we can stand up to a company that has become overwhelmingly powerful.”

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