Caitlin Burke (Stanford U) has posted “TikTok, Instagram, and the “Fourth Party”: The Impact of Technical Design on Personal Content Moderation” (Ohio State Journal On Dispute Resolution 2025) on SSRN. Here is the abstract:
As policymakers debate Section 230, children’s online safety, andsocial media regulation, increasing attention has shifted from online content to the design of digital platforms. This article examines how thepersonal content moderation systems of TikTok and Instagram shape user experiences through interface design, reporting tools, appeals processes, and platform governance. Drawing ondispute system design, it introduces the concept of the “fourth party” to explain how technical design influences online disputes and redistributes power between platforms and users. The article argues thatplatform design is analytically distinct from protected speech and should therefore be evaluated separately from content moderation under theFirst Amendment. By reframing content moderation as a problem of product and interface design rather than speech alone, the article offers a framework forplatform accountability, consumer protection, and online safety that preserves free expression while addressing the harms of modern social media.
