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Dutch Judges Say Facebook, Instagram Violated EU Digital Services Act

By  |  October 2, 2025

A Dutch court has directed Meta Platforms to change the way Facebook and Instagram present content to users in the Netherlands, ruling that the current system violates European Union regulations. According to Reuters, the court said Meta must provide a “direct and simple” option for people to switch to a timeline that does not rely on personal profiling or recommendations, and this choice must remain in effect once selected.

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    The judges concluded that design elements of both platforms were not compliant with the EU’s Digital Services Act, which seeks to protect user rights online. They found that automatically reverting to a profiled timeline whenever an app or website is closed amounts to a “dark pattern” that undermines freedom of information. Per Reuters, the court stressed that Dutch users “are not sufficiently able to make free and autonomous choices” about whether to accept algorithm-driven recommendations.

    The timing of the ruling was noted as especially significant, given that the Netherlands will hold general elections on October 29. Regulators argued that users’ ability to opt for a chronological feed or other non-profiled option is critical during such periods.

    In response, Meta stated that it has already made major system adjustments to comply with EU obligations under the Digital Services Act and has informed users in the Netherlands of their ability to browse without personalization. The company also argued that this issue should be addressed by the European Commission and not through national courts. “Proceedings like this threaten the digital single market and the harmonized regulatory regime that should underpin it,” a company spokesperson said.

    The case was brought forward by Bits of Freedom, a Dutch digital rights group. The organization welcomed the decision, saying it affirmed that Meta must respect user preferences. Its spokesperson, Maartje Knaap, said, “It is unacceptable that a few American tech billionaires can determine how we view the world.”

    According to Reuters, the ruling marks a step toward ensuring that EU citizens retain meaningful control over how their online information is curated, while also placing additional pressure on major technology firms to align with Europe’s stricter regulatory landscape.

    Source: Reuters