Since the beginning of this year, most Facebook and Instagram users in the Netherlands have been able to choose between two feeds. Do you want the feed curated by Meta, based on the profile they have built on you, or do you want to see posts from the accounts you follow in chronological order? This choice is a direct result of our lawsuit against Meta - which we won!

What‘s the current state of play?

Very shortly after the judge’s ruling in our summary proceedings in early October, Meta filed an appeal. She claimed that she was “fundamentally” opposed to the judgment. The hearing for that appeal took place a couple of weeks ago. To our great surprise, Meta withdrew all substantive grounds for the appeal one working day before the hearing. That is obviously extremely disrespectful: both us and the judges had been preparing thoroughly for the hearing, and that work was now for nothing.

The consequence is that Meta, at this moment, legally no longer disputes having violated the Digital Services Act (DSA). And that is, of course, a victory. The changes that Meta has been forced to implement under the court’s order will remain in place for now. Because the Dutch court, obviously, only has jurisdiction in the Netherlands, users in other European countries will have to wait a little longer before they have the same freedom.

What remains for the judges to decide?

Although all Meta’s substantive grounds for an appeal are off the table, many other matters were discussed during the hearing. Is a certain menu, as designed by Meta, actually a menu for users? Can only Meta in Ireland be held liable for the violations, or also Meta’s entities in the Netherlands and the United States? And do we, as Bits of Freedom, have an urgent interest? That is probably the most important point: if the judge does not recognise it, we could not have started the summary proceeding in the first place.

We are not worried. The judge that ruled in our summary proceedings was very clear on this matter. The freedom to gather information is a fundamental right which is part of the freedom of expression. This right is protected for the sake of a healthy public debate, which in turn is essential for a democratic society. The judge in his ruling: “In that light, the claims brought in these summary proceedings are, by their nature, urgent.”

Decision on April 7th

On April 7th we will receive the judgment of the appeal. In the meantime, Dutch users of Facebook and Instagram can decide for themselves which information they want to see.

Did you change your timeline? (in Dutch only)