A court in the Netherlands has ruled that Meta must alter the functioning of its Facebook and Instagram feeds, as their current format violates the provisions of the Digital Services Act (DSA). According to Reuters, the court stated that the company must provide users with simpler options that are primarily not dependent on algorithms.
“People in the Netherlands do not have sufficient freedom to make independent choices regarding the use of recommendation systems based on their profiles,” the ruling states.
The court determined that the feed must take user preferences into account, such as chronological order or other non-algorithmic options, instead of automatically reverting to the algorithmic version after each app restart.
The lawsuit against Meta was filed by the Dutch digital rights organization Bits of Freedom.
“It is unacceptable for a handful of American tech billionaires to dictate how we perceive the world,” said the organization’s spokesperson Maartje Knaap.
In response, Meta announced its intention to appeal the decision, arguing that issues related to the DSA should be handled by the European Commission and other EU regulators, not by the courts of individual countries.
“Such legal actions pose a threat to the unified digital market and the coordinated regulatory framework that supports it,” said a Meta representative.
The company faces a potential fine of $117,450 for each day of non-compliance with the court's ruling, but not exceeding $5.8 million.
Since its adoption in 2022, the DSA has become a significant challenge for major tech companies. The European Commission has already imposed hundreds of millions of dollars in fines on Apple, Meta, and Google for violations of the law. The regulation has also compelled platforms to implement numerous changes to enhance privacy, data security, and child protection.