Skip to main content
Kent Academic Repository

Beyond Possessive Agency: TikTok, YouTube, and the Inadequacies of GDPR, OSA, DSA, and AIA

Mbioh, Will (2025) Beyond Possessive Agency: TikTok, YouTube, and the Inadequacies of GDPR, OSA, DSA, and AIA. Onati Socio-Legal Series, . ISSN 2079-5971. (KAR id:108976)

Abstract

This paper critiques the foundational assumption underpinning UK and EU regulations—including the GDPR, Online Safety Act, Digital Services Act, and Artificial Intelligence Act—that agency is a possessive attribute rooted in individual autonomy. Using YouTube and TikTok as case studies, it examines how advanced recommendation systems powered by deep neural networks, multi-armed bandits, and reinforcement learning blur the boundaries between user agency and platform influence. Drawing on feminist relational theory and Karen Barad’s concepts of intra-action and diffraction, the paper argues that contemporary platforms generate a distinct, relational form of agency that operates interstitially in the ‘in-between’ of user actions and algorithmic systems. This emergent directive power challenges existing law in the EU and UK concerning online safety, which position platforms as neutral tools rather than co-constitutive entities. The paper calls for a re-imagination of legal ontologies and for a shift from possessive agency to relational governance to address the complexities and risks posed by modern algorithmic assemblages.

Item Type: Article
Uncontrolled keywords: GDPR, OSA, DSA, AIA: Algorithmic Governance: Deep Neural Networks: Feminist New Materialism: Intra-Action and Diffraction
Subjects: H Social Sciences
H Social Sciences > HM Sociology
K Law
Institutional Unit: Schools > Kent Law School
Former Institutional Unit:
Divisions > Division for the Study of Law, Society and Social Justice > Kent Law School
Funders: University of Kent (https://ror.org/00xkeyj56)
Depositing User: Will Mbioh
Date Deposited: 07 Mar 2025 23:09 UTC
Last Modified: 20 May 2025 13:44 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/108976 (The current URI for this page, for reference purposes)

University of Kent Author Information

Mbioh, Will.

Creator's ORCID:
CReDIT Contributor Roles:
  • Depositors only (login required):

Total unique views of this page since July 2020. For more details click on the image.