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)
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Official URL: https://doi.org/10.35295/osls.iisl.2237 |
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 |
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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
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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) |
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