We initiated summary proceedings against Meta. We're demanding that Meta offer users of Instagram and Facebook the option to choose a feed that is not based on profiling. In a statement of support, ARTICLE 19 writes: "We hope the Dutch court will use its power to act against Meta."

What is the case about?

Bits of Freedom is suing MetaMore on the case  for violating the Digital Services Act (DSA). This law is intended to give back control and autonomy to users of online platforms. Among others, by giving them more control over their feed.

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.

Why is this relevant?

As Barbora Bukovska, Senior Director for Law and Policy at ARTICLE 19, explains:

"Indeed, the business model of very large online platforms (VLOPs) such as Meta is based on massive data gathering which is used to profile users and offer them personalised content. This can have a damaging effect on users’ exposure to diverse content and access to information and can interfere with individual agency to seek and share ideas and opinions across ideological, political, and societal divisions.

We find that the substance of the case strikes at the core of key design decisions and the deliberate de-prioritisation of any ability of users to control the recommender systems on which social media platforms are so reliant. The ‘non profiling’ recommender system as mandated by Article 38 of the DSA must be made accessible in a user-friendly manner to be meaningful. The evidence put forward by Bits of Freedom indicates that Meta has failed to do so."

What's next?

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.