“By equating algorithmic organisation with content control, the ruling risks excluding social networks and other platforms from the liability exemption and encouraging proactive monitoring of what users say online and removal of lawful speech.”

In the joined Coyote System cases, the CJEU held that an intermediary whose algorithm decides how and in what order content is shown is no longer just a host. Every platform built after 2010 ranks content. Under that reading none of them keep the hosting shield. The predictable response is not better moderation. It is filtering lawful speech preemptively, because deleting is cheaper than defending.