To Nudge or Not to Nudge: News Recommendation as a Tool to Achieve Online Media Pluralism

Recent policy documents propose the use of recommender technology to realise online media pluralism goals. Specifically, they may enable citizens to access a diversity of viewpoints concerning matters of public interest via digital means ("public service recommender systems"). On the basis of Article 10 ECHR, States are arguably required to guarantee such "online access diversity." At the same time, they must, pursuant to that same provision, at all times ensure that individuals maintain autonomy and freedom of choice as regards whether or not to consume certain content. In that context, this contribution argues that policymakers may consider "nudging" people toward reading diversely through recommendation (libertarian-paternalistic approach). Additionally, it points to the possibility of merely offering users the tools to do so, thereby allowing them to make an (informed) choice as regards whether to use them or not (libertarian approach). The first approach presumably best mitigates chances of selective exposure, whilst the second is more "liberty-preserving." In either case, States comply with their positive and negative obligations stemming from the freedom to receive information and ideas (without interference by public authority) and the freedom to hold opinions.