In early October, digital human rights organization Bits of Freedom sued Meta. The organization demanded that Meta gives its users on apps, such as Instagram and Facebook, the option to select a feed that is not based on profiling. The judge ruled in favor of Bits of Freedom and ordered Meta to modify its apps within two weeks. Meta claimed that this was impossible and asked the Amsterdam Court of Appeal for a postponement. The court has now ruled that Meta will indeed be granted such a postponement.

Bits of Freedom sued Meta for a breach of the Digital Services Act (DSA). This European legislation is intended to give users more autonomy and control over the major online platforms. It is crucial that users themselves can decide which content appears on their feed. Without that freedom of choice, participation in the public debate is seriously hampered. That is problematic at any time, but especially so during election periods. In the Netherlands, national elections will be held at the end of October.

On October 2nd, the judge made it clear that Meta must respect the users' choice and ordered Meta to modify its apps within two weeks. Users must be able to easily navigate to an alternative feed, such as a feed with content from friends in chronological order. In addition, it must be possible to set this alternative feed as the default. Meta still does not comply with this order. The company requested a postponement until January 31, 2026, but the judge has now grantedMachine-translated ruling a postponement until December 31, 2025.

This judge also wants “the ordered adjustments to be implemented as quickly as possible.” In her considerations, the judge also takes into account that it is important for this to be done structurally. “Taking this background into consideration, the current state of affairs outweighs the importance of more time for Meta Ireland to implement the ordered adjustments[...],” according to the judge.

“It's unfortunate that now the pressure is off Meta to take immediate action,” says Maartje Knaap, spokesperson at Bits of Freedom. “It is precisely around election time that users want to have control over their information diet. However, this does not mean that Meta can sit back and relax once the elections are over. A well-functioning public debate is still essential in the aftermath of the elections. Moreover, municipal elections in the Netherlands will follow in March. But even aside from the elections, the judge stated that it is important for users to be able to freely choose the feed they follow. Meta is violating an important law, so the urgency of this case remains intact.”

The judge's decision to grant Meta a postponement does not alter the fact that Meta is still violating the law. Meta has appealed the earlier ruling of the summary proceedings judge. “We are confident that we will win the appeal. Therefore, today's ruling is only a postponement of the inevitable for Meta,” Knaap said. The appeal will take place on January 26, 2026, at 2 p.m.