Digital civil rights organization Bits of Freedom has filed summary proceedings against Meta. According to the organization, the American technology company offers users of Facebook and Instagram insufficient possibilities to determine themselves what they see in their timeline. In doing so, Meta would violate the European Digital Services Act (DSA).
Central to the case is that messages are selected by default based on personal profiles and preferences. According to Bits of Freedom, Meta is trying to hold users longer and sell ads this way. However, the DSA requires that users should also be able to choose an alternative: a timeline with only posts from accounts they follow, displayed in chronological order.
Such an option does exist on Instagram, but it is hard to find and not set as a permanent preference. Those who choose a chronological feed will see a profile-based timeline again the next time they visit. Bits of Freedom believes that Meta is breaking the law with this and restricting users' autonomy.
The organization emphasizes that this issue is urgent because social media - and Instagram in particular - is an important source of information, especially for young people. According to Bits of Freedom, the way the timeline is compiled can have consequences for public debate and the democratic rule of law.
The case will go to trial on Sept. 22. Bits of Freedom has support from Amnesty International, the Consumers Union, the Electronic Frontier Foundation and EU Disinfo Lab, among others.
