Bit of Freedom sued Meta for breach of Digital Services (DSA). This European law aims to provide users with more autonomy and management over major online platforms. One of the core elements of a DSA is that it needs to have a significant impact on the information that users see.
For many people, especially young people, social media platforms are the main source of news and information. Therefore, it is important that the user can decide which content to display in the feed. Without that freedom of choice, participation in public discussions is seriously hampered. That’s always a problem, but especially during election periods. A general election will be held in the Netherlands at the end of this month.
The judge says Meta is actually acting in violation of the law. He concludes that “the inappropriate selection option in the recommendation system counters the purpose of the DSA. This is to control the way users have genuine autonomy, freedom of choice, and how information is presented.” The judge also concludes that the way Meta designed its platform constitutes “a significant disruption in the autonomy of Facebook and Instagram users.” The judge orders the meta to adjust the app so that the user’s choices are saved even if the user moves to another section or restarts the app.
“We are pleased that the judges make it clear that Meta must respect the choices of users,” says Maartje Knaap, spokesman for Freedom. “It is absolutely unacceptable to determine how a handful of American tech billionaires view the world. That concentration of power poses a risk to our democracy. At the same time, it is a shame that we need to go to court to ensure that the meta is compliant with the law.”
Meta is interested in steering users towards their feeds, allowing them to display as much interest and behavior-based ads as possible. That is the core of Meta’s revenue model. The subtle design technique pushes the user towards that feed, but the non-non-charged feed is hidden behind the logo, making it difficult to find. Users who choose an alternative timeline will also lose direct access to features such as direct messaging. Additionally, when you open the app, it always starts with a feed of meta, even if the user has previously selected another one. Meta must change his behavior for the judge’s decision.
“This ruling shows that Meta is out of hand,” continues Maartje Knaap. “But we are also realistic. This is just a fall in the ocean. We still have a long way to go. We hope this decision will inspire lawmakers around the world who are trying to curb the power of meta to individuals, civil society organisations, regulators and lawmakers around the world.
You can find the verdict here (in Dutch).
