Meta Ordered to Give Users Real Control Over Facebook & Instagram Timelines, Faces Hefty Daily fine
Amsterdam, Netherlands – In a landmark ruling with meaningful implications for user autonomy and the integrity of online facts, an Amsterdam court has sided with digital rights association Bits of Freedom in its case against Meta (formerly Facebook). The court has ordered Meta to fundamentally change how users can access a non-algorithmic timeline on Facebook and Instagram, and is imposing a considerable financial penalty for non-compliance.
The core of the case revolved around the algorithmic timelines used by Facebook and Instagram, which determine the order in which users see content. While both platforms offer the option to switch to a chronological timeline – as mandated by European regulations – the court found this option to be deliberately obscured and, crucially, not persistent. Users are automatically reverted to the algorithmic feed each time they close the app, effectively negating their choice.
“Users have no real choice,” argued Bits of Freedom, prompting them to take the case to court last week. Meta’s legal team countered that providing a persistent choice wasn’t legally required.
Though, the judge emphatically disagreed. The ruling stated that failing to remember a user’s preference directly undermines the intent of European rules designed to grant users “autonomy, freedom of choice and control over how information is presented to them.” The judge further asserted that Meta’s current practise “infringes freedom of information, which is fundamental to a democratic society as part of the fundamental right of freedom of expression.”
Two Weeks to Comply – or Pay the Price
Meta has been given just two weeks to rectify the issue. The company must make the option for a non-algorithmic timeline “directly and easily accessible” and, critically, remember the user’s selection. Failure to comply will result in a penalty of €100,000 per day, capped at a maximum of €5 million.
“We are happy that the judge now makes it clear that Meta must respect the user’s choice,” said Maartje Knaap, spokesperson for Bits of Freedom. “At the same time, it is a pity that we need the judge to ensure that Meta sticks to the law.”
Democracy at Stake?
The timing of the ruling is notably significant, coming just ahead of the October 29 elections. Bits of Freedom has voiced concerns that Meta’s algorithms pose a “risk for our democracy,” perhaps exposing users to increasingly extreme content designed to maximize engagement – and keep them within the platform. The organization argues this algorithmic amplification can unduly influence public opinion.
This case highlights the growing scrutiny of social media algorithms and their impact on individual freedoms and democratic processes. The court’s decision sends a clear message: users deserve genuine control over their online experience, and companies must prioritize that control over engagement metrics.
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