Can Meta just reset your choice of chronological feed?

No, the choice a user makes on Facebook or Instagram for an unprofiled, chronological timeline should be permanent. Automatically switching back to an algorithmic feed is a forbidden "dark pattern" that undermines user autonomy. This follows from a landmark judgment of the Amsterdam District Court on 2 October 2025, which ruled that Meta is in violation of the European Digital Services Act (DSA).

The facts and legal context

The case was brought by the Dutch foundation Bits of Freedom (BoF), an organization that advocates for digital civil rights. BoF argued that Meta, the parent company of Facebook and Instagram, does not give users enough control over the information they see.

The root of the problem lay in the so-called "recommendation systems. By default, Facebook and Instagram present a "profiled" feed, in which algorithms determine which content is most relevant to the user. However, users can also opt for a chronological, non-profiled feed. However, this choice did not prove permanent:

1. Automatic reset: When navigating to another part of the app or website, or upon restarting, the setting was automatically reset to the profiled feed.
2. Difficult accessibility: On several parts of the platforms, such as the Facebook app home page and the Reels section, the option for a non-profiled feed was cumbersome and not readily accessible.

BoF argued that these practices violate the Digital Services Act (DSA), a European regulation applicable since 2024 that imposes strict obligations on very large online platforms such as Facebook and Instagram.

The court's decision

The preliminary injunction judge in Amsterdam largely ruled in favor of Bits of Freedom, ruling that Meta Ireland (the entity offering the services in Europe) was in violation of the DSA on several counts.

The court based its judgment on the following articles from the DSA:

• Article 27 DSA: This article requires platforms to offer a functionality that allows a user to select and change their "preferred option" for a recommendation system "at any time." This functionality must be "directly and easily accessible."
• Article 38 DSA: Very large online platforms must offer at least one recommendation system that is not based on profiling.
• Article 25 DSA: This article prohibits the use of misleading online interfaces, also known as "dark patterns," that disrupt or undermine users' ability to make free and informed decisions.

The court ruled that the practice of automatically switching back to the profiled feed is a prohibited dark pattern. The court's consideration is clear:

"It is arguable that this practice leads to user choice fatigue and thus constitutes a substantial interference with the autonomy of Facebook and Instagram users. This functionality of the platforms therefore involves a dark pattern prohibited by the DSA."

The court ordered Meta Ireland to make the following adjustments within two weeks under penalty of a fine of up to €5,000,000:

1. Making the choice of a non-profiled recommendation system persistent so that it is preserved.
2. Make the option for a non-profiled feed directly and easily accessible on all sections where it is not currently available.

Legal analysis and interpretation

This ruling is of great importance for the enforcement of the Digital Services Act throughout the European Union. Although it is a ruling by a Dutch court, the DSA is a European regulation that has direct effect in all member states, including Belgium. Therefore, the Amsterdam court's interpretation sets a very strong precedent for how Belgian courts and regulators will interpret the obligations under the DSA.

At the heart of the ruling is the characterization of non-persistent choice as a "dark pattern" under Section 25 DSA. The court explicitly links this to the impairment of the user's autonomy and freedom of choice. Forcing the user to repeatedly make the same choice creates "choice fatigue," de facto "nudging" the user to the default setting preferred by the platform. This goes squarely against the objective of the DSA, which is precisely to restore the balance of power between platform and user.

The urgency of the case was reinforced by the approaching Dutch elections, with the judge emphasizing the importance of freedom of information gathering as fundamental to a democratic society. This underscores the broader social impact of recommendation algorithms and the need for strict regulation.

What this specifically means

• For Facebook and Instagram users: Your right to a chronological, undirected feed has been strengthened. Platforms may no longer ignore your choice. You can expect that this option will soon be not only easier to find, but also permanently remembered if you choose it.
• For Meta and other online platforms: This is a clear signal that interfaces should be designed with user autonomy in mind. Subtly pushing users back to a commercially more advantageous default setting will not be tolerated. Platforms will need to critically evaluate their interface design in light of the prohibition on "dark patterns.
• For interest groups and regulators: This ruling provides a powerful legal framework for enforcing users' rights under the DSA through national courts. It shows that the provisions of the DSA create concrete and enforceable obligations.

FAQ (frequently asked questions)

What is a "dark pattern"?
A "dark pattern" is a technique in a user interface designed to trick or manipulate you into doing things you did not intend, such as making a purchase or accepting certain privacy settings. Automatically resetting your feed preference has been labeled such a prohibited pattern by the courts.

Does this Dutch ruling also apply in Belgium?
Yes, legally this is very relevant. The Digital Services Act (DSA) is a European regulation and thus applies identically in Belgium and the Netherlands. Although a ruling by a Dutch court does not bind a Belgian judge, it has great precedent value. It shows how the DSA rules are interpreted and applied in practice, which will strongly influence a Belgian judge in a similar case.

What can I do if my settings are still being reset?
Meta has been given two weeks to make the changes. Make sure your apps are up to date. If the problem persists, consider filing a complaint with Belgium's DSA regulator, the BIPT (Belgian Institute for Postal Services and Telecommunications).

Conclusion

The ruling against Meta is a crucial victory for the digital rights of every European citizen. It confirms that the Digital Services Act is not a paper tiger, but a powerful tool to curb the dominance of tech giants. The message is clear: user choice must be simple, accessible and, above all, respected.