Last week, a Dutch court ruled that Facebook and Instagram are violating key provisions of the EU’s Digital Services Act (DSA). According to the court, Meta’s recommendation systems limit users’ control over the content they see. This is particularly concerning during election periods.
The ruling found that Meta makes it difficult for users to use Facebook and Instagram without being subjected to tracking and personalised content. Even when users change their settings, those preferences can be reversed when they use other parts of the platforms. The court recognised this as a form of “dark pattern” design aimed at steering users toward choices they did not intend to make.
Importantly, the court acknowledged that these practices can undermine people’s ability to freely access information, something that is fundamental to any democracy. Meta has now been given two weeks to comply with the ruling.
This decision gives me hope.
Since joining the European Parliament, I have seen firsthand how much effort goes into passing ambitious digital legislation like the Digital Services Act and the Digital Markets Act. But too often, once the political celebrations are over, enforcement falls short.
And Big Tech does not stop once laws are adopted. Companies continue to invest enormous resources into weakening, delaying, or avoiding the rules altogether.
That is why this ruling matters so much. Meta would much rather deal with one overstretched regulator than hundreds of independent judges across Europe applying EU law directly.
Right now, in many cases, the cost of breaking the rules is still lower than the cost of complying with them. And when enforcement at the European level is slow, under-resourced, or politically constrained, national courts have an essential role to play in protecting people’s rights and upholding European law.
That is not just a legal principle; it is a democratic safeguard.
When judges and public institutions fulfill their roles, our digital laws can finally do what they were intended for: empowering users, protecting elections, and defending fundamental rights online.
I will continue pushing in the European Parliament to ensure that the DSA and DMA deliver for people and for democracy. And if there is a change you would like to see in Europe’s digital rules, let me know!