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, Electronic Frontier Foundation (EFF) writes: "It is essential to give serious consideration to the case and to the pressing importance of addressing the harmful design practices employed by 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 Christoph Schmon, International Policy Director of EFF, explains:

"The consequences of such dark patterns are serious. They compromise user privacy by steering individuals toward surrendering personal data that they otherwise would not have agreed to share. For example, the dark patterns can result in the nonconsensual collection of personal data that are used in recommender systems. Such tactics also undermine user agency. The cumulative effect is to weaken the principle of informed choice and control that underpin the relevant sections of the DSA."

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.