Judge grants Meta limited postponement in Bits of Freedom lawsuit
In early October, digital human rights organization Bits of Freedom took Meta to court. The organization demanded that Meta offers its users on in apps such as Instagram and Facebook the option to choose a feed that is not based on profiling. The judge ruled in favour of Bits of Freedom and ordered Meta to modify its apps within two weeks. Meta claimed that such changes were impossible to deliver in that timeframe and asked the Amsterdam Court of Appeal for a postponement. The court has now ruled that Meta will indeed be granted a postponement.
Meta violates the DSA
Bits of Freedom took Meta to court for violating the Digital Services Act (DSA). This law is intended to give users more autonomy and control over the largest online platforms. It is crucial that users themselves can determine what content is presented to them on their feed. When freedom of choice is endangered, Without this freedom of choice, participation in public debate is hampered, . This is particularly problematic during election periods. In the Netherlands, national elections were held on the 29th of October., making this issue even more pressing.
On October 2nd, the judge made it clear that Meta must respect the user’s choice and ordered Meta to modify its apps within two weeks.
According to the judgment, uUsers must be able to easily navigate to an alternative feed, for example, one such as a feed withshowing posts and content from friends in chronological order. In addition, it must be possible to set this alternative feed as the default.
By the deadline, however, Meta still haddoes not compliedy with this order. The company argued that implementing these changes across its platforms requires more time, requestinged a postponement until 31 January 31, 2026. The, but the judge has now granted an extension it until 31 December 31, 2025.
The judgement
This judge also wants “the ordered adjustments to be implemented as quickly as possible.” In her considerations, the judge also takes into account that it is important for these changesis to be done in a structural and lasting wayly. “Partly against this background, in the current state of affairs, Meta Ireland’s interest in more time to implement the ordered adjustments outweighs […],” according to the judgement.
“It’s unfortunate that the pressure is now off Meta to take immediate action,” says Maartje Knaap, spokesperson at Bits of Freedom. “It is precisely around election time that users want to have control over their information diet. However, this does not mean that Meta can sit back and relax once the elections are over. A well-functioning public debate is also essential in the aftermath of the elections. Moreover, municipal elections in the Netherlands will follow in March. But even aside from the elections, the judge stated that it is important for users to be able to freely choose the feed they follow. Meta is violating an important law, so the urgency of this case remains intact.”
The judge’s decision to grant Meta a postponement does not alter the fact that Meta is still violating the law. Meta has appealed the earlier ruling of the summary proceedings judge.
Yet, as added by Knaapp, “We are confident that we will win the appeal. Today’s ruling is therefore only a postponement of the inevitable for Meta,” Knaap said. The appeal will take place on January 26, 2026, at 2 p.m.
Find the judge’s ruling here in Dutch and here in English.
Contribution by: EDRi member, Bits of Freedom