The Missing Link: How New Institutions Could Improve What We Read Online
Abstract
While the EU's Digital Services Act and the UK's Online Safety Act represent a major shift in Internet regulation, they suffer from a critical structural gap. These frameworks focus primarily on 'defensive empowerment'-enabling users to block or report unwanted content while neglecting constructive empowerment-the ability of users to decide what information they wish to see. The article argues that without collective institutions to signal content quality, users cannot assess quality beforehand, creating a market failure that pushes out expensive, high-quality content in favour of cheap, sensationalist, algorithm-driven content. To bridge this gap, the article proposes the creation of trusted content creators: voluntary, self-governing groups of like-minded content creators that certify content quality through cross-platform labels. By mandating that platforms allow users to filter their feeds through these external quality signals, the law can decentre the role of algorithmic curation and create new markets.
Fields of Study & Subjects
Freedom of Expression and Defamation
Digitalization
Law
and Regulation
Diverse Legal and Medical Studies
Publication details
- Journal / source
- Oxford Journal of Legal Studies
- Volume
- 46
- Issue
- 3
- Pages
- 624–655
- Publication date
- 1 January 2026
- Language
- EN