The European Commission recently announced that both Meta and Apple will be fined for undermining consumer rights on transparent choices. Apple knowingly routes users to subscriptions in its App Store, while Meta encourages users to surrender their privacy to continue using its platform free of charge. We support action on these matters, but this is only the tip of the iceberg.

The real and underlying problem is bigger; Big Tech systematically is building a world in which freedom of choice is an illusion. Companies such as Meta use every trick in the book to entice users with the options most valuable to the company – costing us our time, privacy and autonomy.

The European Union wants to make a difference. In the US, Big Tech is by and large able to act on their desires, whereas the European Union is asserting control on these platforms through new legislation. After years of negotiations in Brussels, strict regulations came into force in 2024 protecting consumer rights. Fines such as these are the result of this legislation.

These laws require large platforms to serve users at least one recommendation system which isn’t based on profiling. That means, a feed that is not based on your online behaviour, interests or clicks. Profiling is employed to keep you hooked on a platform as long as possible, to ensure exposure to as many advertisements as possible. That’s the real problem.

Because, if you keep on scrolling, you risk addiction, polarization and negative effects on your mental health. Through these new European laws, people should be able to reclaim their autonomy while also reducing this issue – not in the least because of the profiling-free feed. In theory, a great requirement. However, the reality is vastly different.

Meta – Instagram and Facebook’s mother company – implemented the requirement in a strictly formal manner; both Instagram and Facebook provide a chronological feed, filled only with content from people you follow. Sounds great, right? It does at first glance. However, the option is hidden behind several clicks through multiple screens. But the biggest issue is that the feed cannot be set as preference. Every time you open Instagram or Facebook, you have to navigate to the chronological feed again. And every time Meta directs you to its personalized, profiled feed first - the feed from which Meta profits the most.

A choice is only a choice if it can be freely made. Meta isn’t complying with the law, but performing a show - acting as if regulations have been implemented. In reality, its alternative feed is barely usable. Bits of Freedom therefore recently filed a complaint about this with the Irish regulator to stop Meta. Why Ireland? Because Meta’s European headquarters are located there.

Meta’s actions show an underlying pattern; by systematically acting as if regulations have been implemented, they are actually undermining the purpose of these regulations through sly design tricks and financial incentives. It seems as if Silicon Valley reacts similar to every new law: how can we seem to be cooperating, whilst simultaneously lining our pockets?

And who loses? You do. The European user who doesn’t feel like paying 13 euro a month for a profiling-free subscription, and is forced to choose profiling. The user who doesn’t want to search for the chronological feed every time. At the cost of your privacy, autonomy and time. Not because you have a choice, but because of the illusion of choice.

It is time to break through the illusion of choice. Consumers must see their online freedom returned. The fines placed on Apple and Meta are a good starting point, but must not be symbolical. Supervisors need to act decisively to protect consumers. Legislators need to speak loud and clear; people have a right to digital autonomy. That right is taken from them every day anew by companies putting profit over people.