The easy benchmark to setup can easily be, that any feed that displays the data in a way other than the following is considered an editorial choice and thus the platform is liable as a publisher:
1. In a chronological order, and only filtered based on user selected options.
2. In any other order explicitly selected by the user.
An exception can be made to allow filtering out content that violates the platforms terms and conditions.
Alternatively there can be no exception, effectively making these platforms unworkable. This is also a choice. We do not need these platforms, including this one.
If the user selects "sort by algorithm" then I don't see how you've changed anything other than the default. I think it's pretty obvious just changing the default won't work.
That's because the default is 99% the way the app is designed to be used. If the default is regulated, then they will just say "sorry the default is boring, click here to bring back the feed" and everyone will just click.
As a matter of fact, the social media companies will then have an incentive to make the default really bad, which is absolutely what they will do. This would be the malicious compliance I was referring to elsewhere.
I think most people over here are oversimplifying this and underestimating the ability of these companies to get what they want.
The easy benchmark to setup can easily be, that any feed that displays the data in a way other than the following is considered an editorial choice and thus the platform is liable as a publisher:
1. In a chronological order, and only filtered based on user selected options.
2. In any other order explicitly selected by the user.
An exception can be made to allow filtering out content that violates the platforms terms and conditions.
Alternatively there can be no exception, effectively making these platforms unworkable. This is also a choice. We do not need these platforms, including this one.