Amsterdam court orders Meta to make no-profiling feeds easy to choose and keep

The Amsterdam District Court has ruled that Meta must let Dutch users of Facebook and Instagram easily choose a non-profiling recommendation system (such as a chronological feed) and keep that choice in place until the user changes it. The case was brought in summary proceedings by the Dutch NGO Bits of Freedom (BoF) against Meta Platforms Ireland, with Facebook Netherlands and Meta Platforms Inc. also named.

What the case was about

BoF argued that Meta breaches the EU’s Digital Services Act (DSA) by making it hard to find and keep a non-profiling feed. Under the DSA:

• Article 27(3) requires platforms to let users select and change their preferred recommendation option, directly and easily, on the screen where content is ordered.
• Article 38 requires very large online platforms to offer at least one option that is not based on profiling.
• Article 25 bans “dark patterns” — designs that mislead or wear down users’ choices.

Court’s key findings

• ‘Switch-back’ is a dark pattern. Meta’s practice of reverting users to a profiling feed after navigating to other sections (home, comments, reels) or after closing and reopening the app/website undermines user autonomy and causes ‘choice fatigue.’ The judge said users’ chosen non-profiling option must be persistent across sections and sessions.
• Access must be direct and obvious.
  • On Instagram:
    • iOS and web home and comments screens already allow a direct switch (‘For You’ → ‘Following’/’Latest’).
    • Android home and Reels (all) do not meet the DSA because the switch is hidden (behind the logo or labels) or only appears after swiping.
  • On Facebook:
    • Home does not meet the DSA because users must go via Menu → Overviews to find chronological views; this is not on the screen where content is prioritised.
    • Comments comply (you can change ‘Most relevant’ to ‘Latest’).
    • Reels does not comply because there is no non-profiling option for the Reels feed. A search page is not a substitute for a non-profiling recommender.
• Persistence is required. A user’s preferred non-profiling option must remain until the user changes it, even after app/website restarts or moving between sections (home, comments, reels).
• Some requests were denied. The court rejected BoF’s request to force labels like “Profiled” on screens and to mandate extra parameter disclosures or pop-ups in this fast-track procedure.

Who is responsible

The court found Meta Platforms Ireland is the relevant provider for Facebook and Instagram in Europe and thus bears the DSA obligations. Claims against Facebook Netherlands BV (a marketing/sales support entity) and Meta Platforms Inc. (responsible outside Europe) were dismissed.

Orders and penalties

• Within two weeks (by 16 October 2025) Meta Ireland must:
  1. Make users’ chosen recommendation option persistent across sections and sessions.
  2. Make the non-profiling option directly and easily accessible on:
     • Instagram Android home,
     • Instagram Reels (apps and web),
     • Facebook home and Reels (apps and web).
• Penalty: €100,000 per day of non-compliance, capped at €5 million.
• Costs: Meta Ireland must pay BoF’s legal costs of €2,143.47 plus statutory interest if unpaid within 14 days.

Why it matters in practice

The ruling clarifies what ‘direct and easily accessible’ and ‘preferred option’ mean under the DSA for recommendation systems. In simple terms:

• Users in the Netherlands must be able to find the non-profiling feed where they can view content, without having to hunt through menus or hidden icons.
• Once they choose it, it should stay on until they decide otherwise.

The judge also noted the urgency because Dutch parliamentary elections take place on 29 October 2025. While Meta cited election-risk measures, the court said these do not replace DSA duties, and the orders apply beyond the election period.