A legal cure for news choice overload: Regulating algorithms and AI with ‘light patterns’ to foster autonomy and democracy

Abstract

Despite an unprecedented abundance of news content, both news avoidance and dissatisfaction are rising. Blending journalism, philosophy and law scholarship, this paper argues that ‘news choice overload’ causes paralysis and poor outcomes as it transfers power to algorithms, thereby harming autonomy and, in turn, democracy. An analysis of Australian and European regulatory responses shows the need for an algorithmic regulator and a transparency requirement for digital platforms. Further, people's ability to choose autonomously can be fostered by positive interventions, or ‘light patterns’, including ‘diversity nudges’ and a shift from caveat emptor to a caveat venditor approach, in which digital platforms are assigned legal responsibility. Recognising that it is autonomy and democracy—not choice per se—that are valuable, such interventions can shift meaningful decision‐making back to citizens at a moment when the rise of generative artificial intelligence is giving algorithms yet more power.