The Missing Link: How New Institutions Could Improve What We Read Online

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Authors: Martin Husovec
Cited by: 0

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