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Press release: Bits of Freedom initiates summary proceedings against Meta in run-up to national elections

Digital human rights organization Bits of Freedom has initiated summary proceedings against Meta. The organization demands that Meta offer users of its apps Instagram and Facebook the option to choose a feed that is not based on profiling.

Bits of Freedom is suing Meta for violating the Digital Services Act (DSA). This law is intended to give back control and autonomy to users of large online platforms. Among other things, the DSA does that by giving users more control over the information they see.

“It's ridiculous that, day in day out, a handful of U.S. tech billionaires determine the lens through which people in the Netherlands view the world,” explains Evelyn Austin, Executive Director of Bits of Freedom. “The covert surveillance and manipulation taking place as part of that, pose a risk to our democracy.”

When determining what content users see, dominant platforms prioritize their own interests, namely the selling of ads on the basis of the interests and behavior of users. They try to keep users glued to the screen by showing them more and more extreme information. That is why the timeline based on user profiles is set as the default.

Luckily, users have the right to an alternative to this profiling feed. Such as a timeline showing only the content of people and organizations they follow, in chronological order. The problem? Meta does not allow users the option to set this feed as their preference. In addition, Meta makes it unnecessarily difficult to find and use it. This is in violation of the DSA.

“Meta, that owns Facebook and Instagram, has repeatedly shown that it has no regard for our laws and regulations. It systematically places its own interests above those of its users. It is deeply saddening that it is necessary, but Bits of Freedom sees no other option than to pursue legal action,” says Austin.

For many people, especially youth, social media platforms - and Instagram in particular - are an important source of information. Being able to manage your information diet is essential for your personal development and participation in public life, especially during politically sensitive times. To that aim, it is important that users can choose freely what information they receive on online platforms. Bits of Freedom is committed to advancing that user choice.

The hearing is scheduled for September 22, 2025. The case is supported by Amnesty International, AI Forensics, Article 19, the Dutch consumer association Consumentenbond, Electronic Frontier Foundation, and EU Disinfo Lab, among others. Bits of Freedom is collecting expressions of support for this case through a petition. The petition can only be signed by individuals residing in the Netherlands.

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