The court obliges Facebook to give Dutch users the option to opt out of algorithms
A court in Amsterdam has ruled that Meta must allow Instagram and Facebook users in the Netherlands to set a chronological, algorithm-free feed as the default option. The case was brought by the digital rights organization Bits of Freedom, which stated that Meta's current design violates the European Digital Services Act (DSA).
The court upheld this proposal and decided that users should have real control over how content is displayed. Although both applications already offer a chronological feed option, the feature is hidden and cannot be made default, and it automatically reverts to the algorithmic version when the app is restarted. The court considered this to be in conflict with the principle of autonomy guaranteed by European law.
The ruling requires Meta Ireland to ensure that the recommendation settings chosen by the user remain fixed—even if the user changes the section within the app or closes and reopens it. The non-algorithmic feed must also be clear and easily accessible from the homepage and from the Reels section on both platforms.
Meta has been given a two-week deadline to modify its applications for Dutch users. If it fails to comply, it will face a fine of 100,000 euros per day, up to a maximum of five million euros. The case began out of concerns that algorithm-driven feeds could influence voters in the upcoming elections, but the court ruled that the change must be permanent, not limited to the election campaign period.
The spokesperson for Bits of Freedom, Marieke Knaap, welcomed the ruling, pointing out that it highlights the risks of allowing giant American tech companies to control how people consume information. She explained that Meta's design intentionally directs users towards personalized feeds that increase advertising revenues while making alternatives harder to access. She said, "The ruling proves that Meta is not above the law," but added that this is just a small step towards broader accountability.
So far, the decision only applies within the Netherlands despite being based on European law. Meta has not issued any comment yet.