Dutch court: Instagram and Facebook must adjust apps

The case concerned the timeline users see when using Facebook or Instagram. This timeline is populated by an algorithm that determines which posts are displayed and in what order.

According to European regulations, users must also be able to choose a timeline without an algorithm. Both apps offer this option, but it's not easy to find. Moreover, a user's choice isn't remembered. As soon as you close the app, you return to the original timeline with the algorithm.

Even if you want to view your Instagram posts, for example, you're forced to return to the algorithmic timeline. This leaves users with no real choice, Bits of Freedom argued. Therefore, the civil rights organization filed a lawsuit with the Amsterdam court. The case was heard last week.

During the hearing, Meta's lawyers argued that users do indeed have a choice, and that Meta would not be obliged to withhold that choice.

But the judge disagreed. The judge wrote in the ruling that the fact that users' choices are not withheld is "at odds" with the purpose of the European rules, "namely, to give users genuine autonomy, freedom of choice, and control over how information is presented to them."

According to the judge, Meta 'infringes on the freedom of information gathering, which, as part of the fundamental right of freedom of expression, is fundamental to a democratic society'.

Meta must adapt its apps within two weeks, "partly in light of the elections." The company must ensure that the choice for a timeline without an algorithm is "directly and easily accessible," and that this choice is also remembered.

If Meta does not comply, the company will have to pay a substantial penalty: 100,000 euros per day, with a maximum of 5 million.

The social media company responded by saying it "fundamentally disagrees" with the ruling and will appeal. "We have made significant changes to our systems to comply with our obligations under the Digital Services Act (DSA)," a Meta spokesperson said. They added that the European Commission, as the supervisory authority for the DSA, has jurisdiction over the matter and is not a dispute that should be resolved through legal proceedings in individual member states.

"We're pleased that the court has now made it clear that Meta must respect the user's choice," says Maartje Knaap, spokesperson for Bits of Freedom. "At the same time, it's unfortunate that we need the court to ensure that Meta complies with the law."

The organization filed the lawsuit in the run-up to the elections on October 29th. According to Bits of Freedom, Meta's algorithms pose a "risk to our democracy" because users can be influenced by them. Meta is also allegedly presenting users with increasingly extreme information to keep them in the app longer.

Not only do Facebook and Instagram mess with timelines, they also use your data to train their AI: