A platform’s algorithm, far from being a neutral intermediary, actively constructs reality by shaping and directing the user’s desires, creating a speech that is its own, and therefore, liable.

The algorithm acts as the Big Other, imposing a Symbolic Order on the user, reflecting back a distorted image of the self, rooted not in the user’s authentic desires but in the desires structured by the platform. This misrecognition traps the user in a web of signifiers dictated by the algorithm, making the platform responsible for the identity it helps to construct.

Thus we introduce the idea of the algorithm as a viral language, a control mechanism that invades and manipulates the user’s psyche. The algorithmic process splices and recombines fragments of data—age, interactions, metadata—into a narrative that is not authored by the user but by the platform itself. This narrative, like a virus, spreads through the user’s consciousness, controlling and shaping their reality. The platform’s curation, in this sense, is a deliberate act of speech, a form of control that the platform must be held accountable for.

This process creates a hyperreality, where the algorithm generates a series of simulacra—representations that have no grounding in the real, but are instead designed to perpetuate consumption. The curated content becomes a hyperreal environment where the user is not merely engaging with reality but with a pre-fabricated version of it, designed by the platform for its own ends. The platform’s speech is thus not an innocent reflection but a constructed reality that it must answer for, as it blurs the line between the real and the simulated.

Finally, the algorithm is seen as a desiring-machine, continually connecting and producing flows of content. This production is not passive but active, a synthesis of desires orchestrated by the platform to create an endless stream of meaning. The connections and realities produced by this synthesis are not merely a reflection of the user’s desires but a construction that the platform engineers. As such, the platform must take responsibility for the speech it generates, especially when it results in harm or exploitation.

In consolidating these perspectives, it becomes clear that the platform’s algorithmic curation is not just a technical process but an active form of speech that shapes and constructs reality. As the author of this constructed reality, the platform cannot hide behind the guise of neutrality; it must answer for the consequences of the desires it channels and the realities it creates, particularly when those realities lead to harm. The court’s recognition of this responsibility marks a significant shift in how we understand the nature of speech and liability in the digital age.

The concept can be distilled into the idea that “the medium is the message,” as Marshall McLuhan famously put it, but here with an important extension: the message is speech, and speech is liable.

In this context:

• The Medium is the Message: The algorithmic curation of content is not just a neutral process but a medium that actively shapes and constructs reality. The medium itself—the algorithm—is integral to the message it delivers.
• The Message is Speech: The content curated and recommended by the algorithm becomes the platform’s own speech. It is not merely transmitting user-generated content but actively creating and delivering a specific narrative or reality.
• Speech is Liable: Because this curated content is now considered the platform’s speech, the platform is responsible for it. Just as individuals are held accountable for their speech, the platform must answer for the speech it produces, particularly when it causes harm.