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How public datasets constrain the development of diversity-aware news recommender systems, and what law could do about it

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How public datasets constrain the development of diversity-aware news recommender systems, and what law could do about it.

MAX VAN DRUNEN, Institute for Information Law, University of Amsterdam, the Netherlands SANNE VRIJENHOEK, Institute for Information Law. University of Amsterdam, the Netherlands

News recommender systems increasingly determine what news individuals see online. Over the past decade, researchers have

extensively critiqued recommender systems that prioritise news based on user engagement. To offer an alternative, researchers have

analysed how recommender systems could support the media’s ability to fulfil its role in democratic society by recommending news

based on editorial values, particularly diversity. However, there continues to be a large gap between normative theory on how news

recommender systems should incorporate diversity, and technical literature that designs such systems. We argue that to realise

diversity-aware recommender systems in practice, it is crucial to pay attention to the datasets that are needed to train modern news

recommenders. We aim to make two main contributions. First, we identify the information a dataset must include to enable the

development of the diversity-aware news recommender systems proposed in normative literature. Based on this analysis, we assess

the limitations of currently available public datasets, and show what potential they do have to expand research into diversity-aware

recommender systems. Second, we analyse why and how European law and policy can be used to provide researchers with structural

access to the data they need to develop diversity-aware news recommender systems.

Additional Key Words and Phrases: Datasets, News Recommender Systems, Diversity, Law

1 Introduction

News recommender systems play an important role in determining what news (if any) individuals see online by ordering

information from most to least relevant [34, 42, 57]. Researchers have extensively criticised the common industry

practice of measuring relevance through clicks, arguing this leads media organisations to recommend news articles

based on what is most engaging rather than based on the editorial values that should guide the way the way the

media informs the public. [4, 16]. Over the past decade, researchers have therefore proposed alternative approaches

to news recommendation that would support the media’s democratic function of informing the public, particularly

by allowing media organisations to make more diverse recommendations that expose each reader to perspectives

and topics that are new to them. Researchers have analysed extensively how diversity-aware recommender systems

should be conceptualised [4, 35, 58, 71, 72], and what technical tools are needed to measure and embed diversity in

recommender systems [2, 31, 43, 70, 75].

However, a significant gap remains between the diversity-aware news recommender systems proposed in normative

literature, and the kinds that have been realized in technical literature. For example, scholars in law and journalism

studies call for recommender systems that allow readers to become experts in their chosen field by showing them

new perspectives on a few topics that interest them, or that foster tolerance by showing readers political viewpoints

with which they disagree but which do not lead them to see other societal groups as enemies [35, 41, 58]. In contrast,

technical literature most often implements diversity as an intra-list similarity function, to check whether the items in

the recommendation are not too similar to each other [7, 55]. While work that designs news recommender systems

based on more normative conceptualisations of diversity exists, it remains highly limited and regularly emphasises it is

not yet suitable for deployment. Much work has yet to be done before industry-level recommender systems can truly

account for normative interpretations of diversity [75].

Authors’ Contact Information: Max van Drunen, m.z.vandrunen@uva.nl, Institute for Information Law, University of Amsterdam, Amsterdam, the Netherlands; Sanne Vrijenhoek, s.vrijenhoek@uva.nl, Institute for Information Law. University of Amsterdam, Amsterdam, the Netherlands.

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arXiv:2510.05952v1 [cs.IR] 7 Oct 2025

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2 van Drunen and Vrijenhoek

In this paper, we argue that the public datasets on which researchers rely to create and evaluate news recommender

systems are a key factor limiting the development of diversity-aware recommender systems. We show that while these

datasets do have some untapped potential to further research into diversity-aware recommender systems, they lack

much of the data needed to create the kinds of recommender systems proposed based on normative theory. Instead,

they primarily facilitate the development of recommender systems that optimise for readers’ short-term preferences.

Further, we argue that this constraint cannot be fully addressed with the publication of another single dataset, as the

data needed for diverse recommendations varies significantly across time and regions. We therefore also explore the

European law and policy tools available to secure structural access to the data needed to develop diversity-aware news

recommender systems.

With this, we aim to answer the following research question: how do public datasets constrain the development of

diversity-aware news recommender systems, and how can European law and policy be used to overcome this constraint?

We focus on European law because of its recent advances in data access law and policy, its role for active governmental

intervention to support media pluralism, and its wide geographic scope (allowing it to, potentially, support the creation

of public datasets in multiple countries). We include the four most-used public datasets in our analysis, but focus in

particular on the Microsoft News Dataset (MIND). Due to its size, its publication in 2022 was a significant development

for news recommendation research, and our research indicates that it is by far the most used dataset to develop new

recommender systems.

Section 2 analyses how public datasets are used to develop news recommender systems, and how they can impact

the recommender systems used by media organisations by influencing the research that develops and evaluates the

performance of new recommender systems. Section 3 shows what data would have to be included in a dataset to

develop the kinds of diversity-aware recommender systems imagined in legal and journalism studies literature. Section

4 evaluates how the data included in the public datasets that are currently most used in news recommendation research

limits the development of diversity-aware recommender systems. Section 5 analyses why European law and policy

should play a role to address the lack of datasets needed to build better news recommender systems, and how existing

European laws and policies intended to expand access to data can do so. Throughout, we aim to make the paper

accessible for computer science, legal, and journalism scholars researching how more diverse news recommender

systems can be realised. The analysis may therefore at times be overly simplistic for one specific audience.

2 From datasets to news recommendations

Training a recommender system involves optimising it to predict a quantitatively measurable target; most often, whether

a user will click on an item or not [80]. A recommender system is trained to make these predictions by identifying

patterns between item characteristics and user characteristics that are associated with the click. These patterns are

subtle. For example, a click on an article about the Olympic Games may indicate the user is interested in the Olympic

Games, the politics surrounding it, or a specific team, sport, or athlete. The broader the scope of content a system needs

to cover, the harder it is to find the patterns that predict user behaviour. Furthermore, the way readers interact with a

system is highly connected to how content is shown to them, meaning that slight changes in the user interface can

lead to very different engagement patterns [3]. To capture these nuances, recommender systems are trained on large

datasets.

Data at this scale is hard to come by: one needs to have a recommender system running in order to generate a dataset

needed to train recommender systems. Media organisations resolve this chicken-and-egg situation by using simpler

recommender systems to generate their own datasets, rather than relying on pulic datasets directly. This is due to the

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How public datasets constrain the development of diversity-aware news recommender systems, and what law could do about it. 3

aforementioned impact that the user interface has on the way users interact with a recommender system: using a public

dataset such as MIND (which was generated with microsoftnews.msn.com) to train a recommender system that will

run on the BBC will mean the BBC’s recommender system is optimised to identify patterns that differ from those in the

context in which it is deployed.

Researchers, however, rarely have direct access to the datasets needed to develop news recommender systems. Even

if they do, relying on a proprietary dataset limits the reproducibility of their results [16]. As a result, researchers and

practitioners that create and test new recommender system algorithms generally rely on publicly available datasets.

The research they produce on how recommender systems can be built, and which approaches are most successful, is in

turn a valuable resource for media organisations, as it saves them from developing their recommender systems from

scratch [19, 79].

One concrete example of how this works in practice can be seen in work by Einarsson, Helles & Lomborg, which

studied the effect of news recommender systems deployed by Ekstra Bladet during the 2022 Danish election [23]. Ekstra

Bladet had two recommender systems in production, both of which were trained on Ekstra Bladet’s own data. However,

the algorithms Ekstra Bladet used to train its recommender systems were developed and evaluated in the research

literature, using public datasets (NRMS and Matrix Factorization [54, 77]. By analogy, Ekstra Bladet used a recipe

(researchers’ recommender system algorithm) that was developed and evaluated using one set of ingredients (public

datasets) to create a specific dish (Ekstra Bladet’s recommender system) using their own ingredients (Ekstra Bladet’s

own dataset).

In short, the research media organisations rely on to determine how to design recommender systems and which

algorithms are most successful heavily relies on public datasets. Public datasets can shape this research in two main

ways. Firstly, the data included in a dataset constrains what recommender systems developed with the dataset can be

designed to do. ‘Simply’ training a recommender system that predicts what news users will click will already require

a large dataset of news articles and users’ interactions with those articles from which these patterns can be derived.

Developing a recommender system that balances user preferences with normative values such as diversity requires a

richer dataset, which also includes data necessary to assess how the recommendation relates to those values [8, 65]. For

example, training a recommender to expose users to a diverse set of viewpoints requires a training dataset that contains

data about the viewpoints expressed in its articles, or an effective proxy for this data.

Second, a dataset can become a benchmark. Indeed, MIND was created with the explicit purpose “to serve as a

benchmark dataset for news recommendation and to facilitate the research in news recommendation" [50]. Benchmark

datasets fulfil an important function in research: they serve as a common reference point by allowing the performance

of new recommendation algorithms to be compared to that of existing algorithms tested on the same dataset. However,

they also make it more likely that research is done on the data structures present in the benchmark dataset. A good

example of the practical implications of this dynamic is the MovieLens dataset, published in 2005 and still a widely used

dataset for recommender system research. MovieLens contained information on users rating a movie on a scale of 1 to

5, which meant that consequently, a lot of research was carried out on predicting scores on an ordinal scale [30].

3 Conceptualising diversity in news recommender systems

3.1 Data as a constraint on diversity-aware news recommender systems

Scholars from law and journalism studies have proposed many different ways in which recommendations can be

made more diverse, including not only accounting for the viewpoints but also the topics, styles, and formats of the

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recommended content, as well as the characteristics of the users to whom content is recommended. Indeed, there

arguably is not one right way to approach diversity. As the need for diverse news is often ultimately grounded in

democratic theory, the type of diversity a recommender system should promote depends on the kind of democratic

system (e.g., liberal, deliberative, or agonistic democracy) it is used to support [35]. Our goal here is not to advocate

for one specific approach to diversity. Nor do we argue a dataset should necessarily be suitable to realise all types of

diversity we will outline below. For example, the need for diversity may be outweighed by the privacy concerns of

collecting detailed data on the news consumption of marginalised groups. At this stage, we only aim to identify the

characteristics of recommendations that are important from normative perspectives on diversity, so we can evaluate

which aspects of diversity can and cannot be incorporated in news recommender system research with the data included

in currently popular public datasets.

3.2 What data is needed to make diverse recommendations?

The diversity of the topics of recommended articles plays a dominant role in the literature on diversity-aware news

recommender systems. Many authors highlight that by accounting for what users have seen in the past, recommender

systems could expose them to topics that are new to them, and thereby broaden their horizons or alert them to topics

affecting other societal groups [29, 66, 72]. Alternatively, recommender systems can show a user extensive information

on a few topics to create deeply informed expert citizens, or show individuals news on the topics they prefer to engage

with to support their autonomy [35, 38]. Between these extremes sit views that argue for a more mixed approach. A

mix of entertaining and hard news could make diversity-aware recommender systems pleasurable to use, while a mix

of political and non-political content could give individuals a fuller picture of society [5, 29, 35].

Viewpoint diversity is often addressed in conjunction with topic diversity, and concerns the diversity of perspectives

on a particular topic to which users should be exposed [28]. In general, authors advocate for showing users a wide

diversity of perspectives within the same topic, either to better inform them, or increase tolerance and social cohesion

[4, 35, 46, 72]. The different viewpoints to which users should be exposed are usually ideological in nature; several

authors explore how users should be exposed to perspectives from across the political spectrum [4, 31, 72] or to the

perspectives of other societal (e.g., ethnic, linguistic, or marginalised) groups to increase tolerance [1, 46, 58]. An

important but rarely explicit assumption in this context, is that the diversity of perspectives to which a recommender

system should expose users may differ depending on the political perspectives or societal groups that exist in the society

in which the system is deployed [76].

The style of news plays an important role in discussions on the type of public debate diversity-aware recommenders

should foster. Deliberative approaches that see media as creating space for an informed and rational debate imply the

recommended content should be impartial and promote active discourse [35]. Recommender systems that seek to foster

tolerance may recommend positive news about ideological opponents, or respectful discussions between opponents

[29]. Finally, from an agonistic perspective the goal of a recommender should be to facilitate conflict while ensuring the

different sides do not perceive each other as enemies [58].

The format in which news is recommended matters to recommender systems that respond to users’ consumption

preferences. If a recommender system is used to serve a wide cross-section of society, it is important to ensure news is

recommended in a format (such as video, audio, or text) with which different users can engage [13, 35, 65]. The need for

different formats is also implied in some of the approaches to diversity mentioned above. For example, a recommender

system that aims to enable users to become experts in a specific topic requires larger background articles and deep

dives for users that have a lot of pre-existing knowledge on the topic, and simple explainers for users that do not.

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Finally, few authors pay explicit attention to the characteristics of the users to whom content is recommended. One

exception is Vermeulen, who emphasises the need to balance diverse exposure with user choice [72]. Additionally,

detailed information about the user is required to provide the diverse recommendations described above. For example,

a recommender system must be able to assess what news a user knows already in order to give them a new perspective

or more deeply inform them. From a fundamental rights perspective, moreover, the need for diversity is also grounded

in the right to receive information, and more specifically the need to ensure that “everyone has access to a diverse

range of journalistic content” [14, 24]. In that context the Council of Europe has for example referred to the need to

ensure diverse news can be accessed despite socio-economic barriers and income level and that minorities, disabled

persons, and disadvantaged and local communities are able to access news [13, 14]. Similarly, writing on recommender

systems’ impact on epistemic welfare, [38] emphasise the importance of ensuring a recommender system is able to

“ensure that many and diverse users can encounter and engage with epistemically valuable content". Overall, if the

goal of a recommender system is to meet the information needs of all members of society, it is also important for the

recommender system to be able to effectively recommend news to different societal groups, even if they have different

consumption patterns.

3.3 Subconclusion

Many of the features that would be needed to make diverse recommendations are hard to identify, and require

additional data processing [74, 75]. Think, for example, of identifying the opinions reflected in an article text so a

recommender system can show a user different perspectives on the same topic. There are extensive lines of research

into identifying different viewpoints algorithmically, usually referred to as opinion mining or viewpoint detection.

However, neither currently have off-the-shelf solutions [56]. Alternatively, researchers or journalists could manually

annotate the viewpoints included in an article [48]. However, manual annotation at the scale needed for training data

for recommender systems is a time-consuming and costly endeavour. This problem is exacerbated by the conceptual

unclarity of diversity, as labelling by non-experts is likely to yield inconsistent results. Despite, and arguably especially

given the difficulty of identifying the features relevant to diversity, it is important that these aspects are included in

public datasets, if they are to facilitate research developing diversity-aware recommender systems.

4 Data as a constraint on diversity-aware news recommender systems

In this section we analyse which datasets are used in recent research developing and testing news recommendation

models, the characteristics of those datasets, and how they can(not) facilitate the different aspects of diversity outlined

on page 3.

4.1 Datasets used in current news recommendation research

To assess which public datasets are used for news recommendation research, we queried the Scopus search engine for

papers with the term “news recommend*" in the title, abstract or keywords, that were published between January 2022

and December 2024. This returned 383 results. We filtered out conference proceedings, papers that only mention news

recommendation as a potential field of application, that are behind a paywall, or not written in English. This left us

with 314 papers. Out of these 314 papers, 46 are written from a social science perspective, whereas the vast majority

(268) is technical. The majority of technical papers (171) implemented and tested a news recommendation model.

Figure 1 provides an overview of the datasets used in these papers. It lists all datasets that are cited more than 5 times,

and groups the others into the ‘Other’ and ‘Proprietary’ categories. The ‘Other’ category (35 papers) mostly consists of

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Fig. 1. Counts of the datasets used in papers on developing news recommender systems between January 1st, 2022 and December 31, 2024. Excludes datasets cited 5 times or fewer.

datasets such as MovieLens, which is a standard benchmark dataset for (non-news specific) recommendation tasks, and

task-specific datasets such as FakeNewsNet for fake news detection. In addition, the ‘Proprietary’ category (32 papers)

covers datasets that are not shared with the academic community. Such datasets are always used for online experiments

that test recommender systems on real users, but without publication of the data these studies are not reproducible.

There are four news-specific public datasets that are frequently used to implement and test news recommendation

models: MIND [78](used 98 times), Adressa [27](used 31 times), EB-NeRD [40](published for the 2024 RecSys challenge,

used 9 times), and Globo[18] (used 6 times). All four datasets contain (the IDs of) the articles people clicked during a

certain time period on a news website: the fully algorithmic aggregator MSN News for MIND, Norwegian Adresseavisen

for Adressa, the Brazilian G1 news portal for Globo, and Danish tabloid Ekstra Bladet for EB-NeRD. Table 1 provides an

overview of the data contained in each of the datasets.

MIND is the most prominent dataset, accounting for 57% of all papers published on developing news recommendation

models. The publication of MIND in 2020 was a significant development for news recommender system research. While

at first glance its scale seems comparable to that of Adressa, the interactions in MIND take place in a much shorter time

period. This means that there are more interactions per published news article. The articles in MIND are written in

English, which increases result interpretability for researchers. Most importantly, and contrary to Adressa and Globo,

MIND also contains an ‘impression log’ with articles that users saw but did not click. In addition to this raw data,

Microsoft published a package of news recommender algorithms that could be trained on the dataset through open

source code. Microsoft also launched a competition, challenging developers to create algorithms that would outperform

their own. Performance was determined by the recommender system’s ability to correctly rank a list of candidate items

based on the likelihood a user clicks on them.

Illustration from source page 6
Illustration from source page 6.

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How public datasets constrain the development of diversity-aware news recommender systems, and what law could do about it. 7

MIND Adressa Globo EB-NeRD #interactions 15 million 23 million 3 million 37 million #users 1 million 3 million 314.000 1 million #articles 160.000 48.000 46.000 125.000 time period covered Oct 12 - Nov 22, 2019 Jan 1 - Mar 31, 2017 Oct 1 - Oct 16, 2017 Apr 27 - June 8, 2023 language English Norwegian Portuguese Danish organization type aggregator local news national news national tabloid article metadata category, subCategory, title, abstract, URL, named entities in title, named entities in abstract, embeddings

title, category, URL, word count, time published, keywords, author, entities

category, time published, publisher, word count, embeddings

title, subtitle, body, category, subcategory, time published, premium or open, IDs of corresponding images, article type, topic, views, reads, sentiment, entities, embeddings click metadata user ID, timestamp, clicked articles, non-clicked articles

timestamp, session start/stop, read time, referrer

user ID, article ID, timestamp, session, referrer

user ID, article ID, session ID, articles viewed, articles clicked, time stamp, read time, scroll percentage, device type user metadata history city, region, country, os, device

region, country, os, device history, subscription, gender, post code, age Table 1. The context and data included in the four primary datasets used for training news recommender systems. Most of the users on news websites are not logged in - unless IP address is considered it is difficult to determine the number of unique users a dataset encompasses. The URLs to the full articles in MIND and Adressa are expired (https://github.com/msnews/msnews.github.io/issues/22).

4.2 The constraints of current datasets from a diversity perspective

The datasets described above are important resources in news recommender system research and development - it would

be very challenging for researchers to develop (reproducible) recommendation models without them. However, as we

argue below, the characteristics of these datasets (specifically the kind of metadata, content and audiences they contain)

pose significant limitations to the development of diversity-aware recommender systems, and make it comparatively

easier to develop recommender systems optimised for engagement. Our analysis includes all datasets but focuses in

more detail on MIND, as our research indicates this is the most frequently used public dataset in news recommender

system research.

4.2.1 Metadata. Most datasets contain only very limited information about the articles that have been recommended.

None of the datasets contain readily available information on the styles and formats of the articles, or the perspectives

expressed in them. This makes it considerably more difficult to use these datasets to develop recommender systems that

incorporate these aspects of diversity. As mentioned in the previous section, it is possible to obtain information on for

example the viewpoint expressed in an article by mining the relevant content characteristics from the text of article.

However, this process (already difficult in itself) is complicated by the fact that, with the exception of EB-NeRD, the

datasets do not contain the full text of the articles. Because of licensing issues, Globo has not published any additional

information about their articles; content is only represented through an ID, category code (e.g,.‘614’) and embeddings

created based on all the texts. MIND and Adressa only contain an URL, not the actual content of news articles. Before

researchers begin the difficult work of mining characteristics from articles’ content, they must therefore verify whether

they are legally allowed to scrape the content, build the tools to do so, and ascertain which URLs still function (which,

in May 2025, is not the case in either of the datasets).

Adressa, EB-NeRD and MIND all do contain metadata on an article’s topic, category, and title; Adressa also has

information on the author of an article. This information could be used to develop recommender systems that recommend

diverse topics or categories of articles to users. However, the generic nature of the metadata that is available on the

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articles’ topics challenges the development of such recommender systems. A recommender system can only identify

patterns in data that is available; as such, the granularity with which article categories are chosen significantly influences

the types of patterns that can be identified. For example, all political news in MIND is put under the umbrella category

‘politics’. As such, a recommender system developed with MIND could not determine a preference for the Democratic

over the Republican Party, let alone a preference in non-American politics, unless other metadata such as the title

contains sufficient data to infer such specific information.

4.2.2 Content. The content in the datasets is another significant limitation on the datasets’ suitability for the de-

velopment of diversity-aware recommender systems. To train a recommender system to recommend diverse topics

or perspectives on matters of public interest (whether to promote social cohesion, create expert citizens, or another

objective of diversity-aware news recommenders), the recommended articles must actually include diverse content and

perspectives. However, only 30% of the MIND’s dataset consists of articles categorised as news, with the rest fitting into

categories such as ‘lifestyle’, ‘sports’, and ‘food’ [73]. Similar distributions can be found in EB-NeRD, where only 28.000

of the 125.000 articles belong to the ‘news’ category. Adressa contains roughly 60% news, but its categories are mostly

focused on the geographic area the article covers, rather than its content (‘nyheter|nordtrondelag’). Furthermore, the

subcategories MIND uses for news indicate it is focused on the US context, with ‘newsus’ representing 47% of all news

items, ‘newspolitics’ 17%, and ‘newsworld’ 8% [73].

This is potentially problematic; while the datasets contain large amounts of articles, they contain relatively few news

articles, which are likely to include the kinds of diverse ideological perspectives and address the kinds of public interest

issues that the diversity-aware recommender systems proposed in normative literature take into account. This issue is

exacerbated by the popularity of MIND and its focus on US news, as a recommender system trained to recommend

diverse political perspectives and topics in the US two-party system would be optimised to identify consumption

patterns that differ from countries with different political and societal groups [59]. This would in turn challenge the

ability of recommender systems to facilitate the access of individuals outside the US to content that reflects the diversity

of political outlooks or societal groups in the society in which they live. This issue can be partially addressed by use of

the other datasets, which reflect the Brazilian, Norwegian and Danish political systems. However, the popularity of

MIND indicates this solution has not yet been widely adopted.

Finally, it should be noted that EB-NeRD has some unique potential for the development of style- and format-aware

recommender systems. Unlike the other datasets it contains additional information like content type (video, gallery, etc.),

accompanying images, and estimated sentiment score. It could therefore be used to research recommender systems that

respond to the format consumption preferences of different users (e.g., deep-dives or simple explainers) and affective

styles (e.g., deliberative discussion or humanisation of political opponents). Conversely, the lack of such data in MIND,

as well as the fact that MIND only contains text articles, make it more difficult to use this dataset to take the style and

format of news into account when developing diversity-aware news recommenders.

4.2.3 Audience. There are distinct differences in the information each of the datasets includes about its users. The

only information available on MIND’s users is when they accessed the system, which items they have interacted with

in the past, which items were presented to them in a specific session, and on which items they have clicked. This is

commendable from a privacy perspective. However, it makes it impossible to assess for which audiences recommender

systems trained on MIND are optimised. Different societal groups (e.g., age, ethnic, or socio-economic background) are

likely to have different consumption patterns [69]. If a particular user’s or group’s consumption pattern falls outside the

patterns for which a recommender system is optimised, the recommender system will be less able to determine what

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news they should be recommended. It is likely that MSN users are not fully representative of the different audiences for

whom recommender systems are developed, if only because of MIND’s focus on English-language US news. However,

as MIND does not contain even aggregate data on the characteristics of its users, it is impossible to know exactly in

what ways and for which groups MIND’s audience is unrepresentative. The other datasets do contain information on

the geographic location a click happened: Globo provides the region, Adressa the city, and EB-NeRD the postcode.

This data makes it possible to assess how a recommender system performs for local communities in each country.

However, it is not possible to assess how a recommender system performs for different socio-economic, disadvantaged,

or minority groups. EB-NeRD is a partial exception to this, as postcode could be combined with other data to infer (for

example) socio-economic status and the dataset sometimes contains information on users’ gender (7%) and age group

(3%).

The limited number of days in each of the datasets poses another limitation. MIND and EB-NeRD only contain

interactions of a period of 6 weeks, versus two weeks for Globo and three months for Adressa. Moreover, as users of

news websites are often not logged in (6.7% in EB-NeRD), it is difficult or impossible to track changing behavior over

time. For example, in MIND only 20% of visits in the dataset are from users that have accessed the system five or more

times, which can be explained by the fact that user IDs reset after 24 hours. As such, little of the data that is necessary

to reliably observe long term changes in people’s reading behavior is available. This limits research on diversity-aware

recommender systems that aim to foster long term changes in the audience, for example to promote tolerance, create

expert citizens, or stimulate self-development.

Furthermore, all datasets encompass a time period where, electorally, nothing significant happened. It is therefore

still impossible to gauge how a model would behave during democratically important moments such as elections. Most

of the time, this is a deliberate design choice. On the challenge website EB explicitly states that "[t]his timeframe was

selected to avoid major events, e.g., holidays or elections, that could trigger atypical behavior at Ekstra Bladet." However

Einarsson, Helles & Lomborg, in a prior direct collaboration project with Ekstra Bladet, noted that during the 2019

Danish election the use of news recommender system increased the amount of soft news readers consumed [23]. If

diverse recommendation algorithms are to be researched and developed, they also (perhaps even especially) need to be

robust towards exceptional behavior patterns.

4.3 Implications for research

Taken together, the data included in the currently most-used datasets are most suitable to develop recommender systems

that prioritise news based on users’ immediate, short term content preferences. Much of the data needed to develop the

kinds of diversity-aware recommender systems proposed in legal and journalism studies literature based on democratic

principles is lacking from public datasets. In particular, the recommendation of diverse perspectives, formats, and styles

is highly challenging with current datasets, as the relevant content characteristics are either not included as metadata

or lacking from the recommended articles themselves. The development of recommender systems that aim to foster

long term changes (for example by promoting tolerance or deeply informing individuals about specific topics they

select) or are robust enough to perform well during different societally significant events (such as elections or wars) is

similarly challenging, due to the short time period covered by the datasets. To a lesser extent, optimising recommender

systems to perform well for different societal groups is difficult with current public datasets, as data on the individuals

to whom news is recommended is often lacking from the datasets.

The lack of data relevant to diverse recommendations also shapes the way datasets can be used to evaluate the

performance of recommender systems. This is particularly important for benchmark datasets that are to serve as a

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common reference point against which the performance of all recommender systems is measured. In the context of

MIND, the success of recommender system algorithms is judged by how well they predict the way 1 million MSN News

users in 2019 interacted with the English-language mix of hard, entertainment, and sports news on that site. This is not

a neutral measure of success. Because no data is available on the characteristics of these MSN users, it is not clear how

they are (un)representative of other groups. However, for example, a recommendation algorithm that is perfectly able

to inform expert and non-expert users in the Netherlands by providing them news at the level of detail they are able to

understand may not perform well on MIND, due to the limited diversity of its content and likely focus on a US audience.

The datasets’ suitability for creating recommender systems that optimise for engagement is exacerbated by the

competitions set out by the companies that have published them. Competitions are a common way for companies to

increase researchers’ use of their dataset, and allow them to set out the specific performance indicator they would like

researchers to optimise for [44]. In the case of MIND, Microsoft set out a competition tasking researchers to create

a recommender system that ranks “articles according to the personal interest of [the] user" [53]. The 2024 RecSys

challenge, which focused on news recommendation and relied on EB-NeRD, did aim to address “both the technical and

normative challenges inherent in the design of effective and responsible recommender systems". However, the main

evaluation metric used to determine the winner of the competition focused on engagement: the odds that a randomly

chosen clicked article is ranked higher than a randomly chosen non-clicked article (referred to in computer science

literature as the ‘area under the curve’ [77]). While participants were encouraged to also include beyond-accuracy

objectives in their challenge submission, participants were not evaluated on these metrics, and challenge submissions

exclusively maximised accuracy. One of the challenge participants ([32]) noted that, through the design of the challenge

the potential to optimise on diversity was limited, and that therefore the challenge was “a missed opportunity to move

beyond ‘leaderboard-chasing culture’".

5 Ensuring access to training data: the role of European law and policy

5.1 The legal case for public support for public datasets

If one were to construct a dataset that is better able to enable the development of diverse news recommender systems

proposed in legal and journalism studies literature based on democratic principles, it would include 1) a focus on news

relevant to public debate, 2) granular metadata on the content characteristics (topic, viewpoint, format, and style) that a

diversity-aware recommender may need to take into account, 3) a large number of frequently returning users over a

longer period of time, and 4) with sufficient metadata on these users and the societal groups they represent. Table 1

provides a more complete overview of the data needed to develop diverse recommender systems, based on the analysis

in sections 3 and 4.

It is unlikely any single dataset will contain all of this data. As noted in section 3, different data is required depending

on the specific kind of diversity a recommender system is expected to promote. More importantly, however, the the

viewpoints and topics present in the public debate, as well as the societal groups whose perspectives are recommended

and for whom recommender systems have to be optimised are different in each society and at different times. While the

publication of another dataset with the characteristics above would already be a significant improvement, it would

only facilitate the development of diversity-aware recommender systems that optimise their recommendations for the

specific society and the specific time in which the dataset was created. To enable the development of recommender

systems that work for multiple different societies, multiple datasets are needed.

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How public datasets constrain the development of diversity-aware news recommender systems, and what law could do about it. 11

Aspect of diversity Data to be included Topics News on the political topics about which citizens need to be informed in their democratic society; topics affecting other societal groups; topics (e.g., entertainment, fashion, climate) with which individuals want to engage. Perspectives The range of ideological and political perspectives in society; perspectives of societal groups (e.g., ethnic, linguistic, or marginalised) groups. Style Impartial and promoting active discourse; Positive and respectful about societal opponents; critical about opponents while not framing them as enemies. Format Video/audio/text to meet the consumption preferences of different news users; deep dives and simple explainers depending on users’ pre-existing knowledge about a topic. Users Different groups (e.g., socio-economic groups, minorities, disabled persons, and disadvantaged and local communities) that need to be able to be informed in democratic society; data on user characteristics relevant to the above, such as the formats they prefer to consume, political leaning, topics they have engaged with. Table 2. Overview of data to be included in datasets to facilitate the development of diversity-aware recommender systems proposed in legal and journalism studies literature

There is little incentive for any particular media organisation to invest in the creation of a high quality dataset others

could use to research diversity-aware recommender systems, much less the creation of multiple datasets that reflect the

consumption patterns of different societies at different times. Nor is facilitating the development of diversity-aware

recommender systems arguably the societal role of a commercial media or technology organisation. However, states do

have an interest in ensuring that the different media organisations in their society can provide diverse perspectives.

Under European fundamental rights law, this is moreover a legal obligation. Article 10 of the European Convention on

Human Rights has long imposed a positive obligation on states to be the “ultimate guarantor” of diversity, meaning

states must not only refrain from censorship, but also actively ensure that media organisations can provide (and the

public can receive) diverse perspectives representing different societal groups [47, 64, 67].

States have traditionally fulfilled this obligation by ensuring the existence of different media organisations through

subsidies or media concentration laws, or by creating public service media organisations. However, as scholars have

argued extensively over the past decade, individuals’ access to diverse information not only relies on the existence of

different media organisations, but also on the design of technologies such as recommender systems that determine

to what information individuals are exposed [6, 13, 33]. So far, legal researchers and policymakers have primarily

addressed the media’s use of technology by emphasising the media’s responsibility to use technologies in line with

editorial values, as well as the limits freedom of expression imposes on any regulation of the media’s use of technology

[15, 36, 51, 71]. However, both to ensure media organisations can actually live up to these responsibilities and to fulfill

their own obligation to guarantee diversity in the media system, it is also important to consider how states can create

the conditions media organisations need to use technologies like recommender systems responsibly. In particular, as

we have argued in this article, the existence of a high quality dataset is an important condition for organisations to

ultimately be able to recommend diverse news to their audiences.

Law and policy that supports the creation of public datasets also serves another purpose, namely to safeguard the

media’s independence from large technology companies. A large strand of journalism studies research has assessed how

media organisations rely on large technology companies for technologies used to gather, produce, and distribute news,

including news recommender systems [17, 25, 39, 52, 62], as well as the computing power, research, and indeed training

data needed to develop new technologies [60–62]. This reliance challenges media organisations’ ability to independently

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12 van Drunen and Vrijenhoek

determine how the technologies they use inside newsrooms serve editorial values. Instead, they increasingly adopt the

logics of the large technology companies on which they rely [17, 45, 52, 60, 68]. As our research shows, over half the

research into the development of new news recommender systems relies since 2022 relies on a dataset published by

Microsoft (MIND), and the datasets currently available are primarily suitable for developing recommender systems that

optimise for engagement. As such, public support for the creation of datasets that facilitate the creation of recommender

systems that promote different conceptualisations of diversity would lessen MIND’s influence on the way media

organisations can recommend news to their audiences.

5.2 Access to public datasets through European data access law and policy

EU law has significantly expanded its data access obligations in recent years. However, none of the new obligations

ensure access to data that could be used to develop diversity-aware recommender systems. The Data Governance Act

requires public sector bodies to facilitate the re-use of data, but article 3(2) exempts public service broadcasters and

cultural institutions from this obligation. The Data Act’s data access obligations are limited to the Internet of Things

(Chapter II) or public authorities (Chapter V). Finally, article 40 of the Digital Services Act does grant researchers access

to data necessary to assess the effects of large platforms’ recommender systems on diversity. However, this data access

right is limited to the data that is necessary to understand platforms’ impact and risk mitigation measures. While it

could be used to evaluate the diversity of the datasets used to train platforms’ recommender systems along the criteria

laid out on page 4, it therefore likely does not allow researchers to develop alternative recommender systems.

EU law and policy is also beginning to facilitate voluntary data sharing. Data spaces, which allow organisations to

share data in accordance with common standards, play a particularly important role in the EU’s push to strengthen

digital media and the European technology industry more broadly [9, 10]. The Commission has in 2022 set out a

€8.000.000 grant for the development of a ‘media data space’ that would provide organisations with content, metadata,

and audience data to develop “data services matching European values, in particular ethics, equality and diversity”,

according [11]. A pilot project and the European Broadcasting Union (an organisation representing Europe’s public

service media) both foresee that this media data space could provide access to data necessary to develop recommender

systems [12, 21, 22].

In large part, however, the focus on data spaces in European (media) data policy aims to address a different issue than

the one posed by the lack of data needed to develop diversity-aware recommender systems. Data spaces are useful to

increase access to data currently held by separate organisations. The same is true of other mechanisms in the Data and

Data Governance Act facilitating data sharing, such as data intermediaries or data altruism. However, the differences in

audience behaviour caused by (for example) different recommender systems’ user interfaces, algorithms, and goals,

make it highly challenging to identify meaningful patterns between recommendations and user behaviour in such an

aggregated dataset. Data spaces may therefore be most suitable as an overarching framework through which datasets

for recommender system development can be made available. For example, they can make it easier to test recommender

systems on multiple datasets by setting common standards on data structure, and provide means for other actors to

enrich datasets by adding metadata concerning, for example, viewpoint diversity [12, 21, 49]. They can also expand

access to the data necessary to understand audience preferences and behaviours on a more general level [22]. However,

all this would not address the core issue identified in this article, namely the lack of a dataset (or datasets) with which

different types of recommender systems promoting different kinds of diversity can be developed.

Though EU law does not currently ensure access to such a dataset, it also does not pre-empt either governmental

or media initiatives to create it. In particular, public service media organisations are arguably well positioned to do

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How public datasets constrain the development of diversity-aware news recommender systems, and what law could do about it. 13

so. Public service media organisations already have access to a diverse library of content that can be recommended,

and several already operate recommender systems that can be used to generate datasets. Moreover, in contrast to

Microsoft and the commercial media organisations that have so published the datasets used in this article, public service

media organisations have a specific societal role and sometimes even legal obligation to promote citizens’ ability to

access diverse information [20, 71]. Public service media organisations have traditionally fulfilled this role by providing

diverse content themselves. Increasingly, they have also experimented with using recommender systems to better serve

their own audiences, and in this process been forced to navigate the difficulties of incorporating diversity in their

recommender systems [37, 63].

However, what remains lacking, and what public service media organisations could begin to provide, is support for

the more foundational research that enables media organisations throughout the media system to automate editorial

decision-making in line with their editorial values. European law can only play a limited role in facilitating such

support; the regulation of public service media remains primarily a national competence. However, organisations such

as the European Broadcasting Union do already operate projects that aim to facilitate cooperation between public

service media developing diverse recommender systems [26, 37]. Such approaches could be expanded to also generate

publicly accessible datasets needed for researchers to create new kinds of diverse recommender systems. Alternatively,

individual public service media organisations could publish datasets on their own initiative. In both cases, the data

outlined in table 2 may serve as a useful starting point for public service media organisations looking to publish the

data needed to enable the creation of a wide variety of diversity-aware news recommender systems [65].

6 Conclusion

In this paper we have analysed how the lack of suitable public datasets constrains the development of diversity-aware

recommender systems. We have analysed what data is needed to develop the kinds of diversity-aware recommender

systems proposed in legal and journalism studies literature, and to what extent this data is available in the currently

most used public datasets. We have argued current datasets are primarily useful to optimise for short-term engagement,

and to a much lesser extent for the recommendation of diverse topics. The development of diverse recommender systems

that take the formats, styles, and viewpoints of articles or the characteristics of different audiences into account is

particularly limited by current datasets. Furthermore, we argued why European law should address this limitation, how

existing data access measures fail to do so, and how public service media playing a more active role in technological

development could provide a way forward.

In the short term, our analysis indicates there is potential to better use the currently available datasets to develop

diversity-aware recommender systems. The majority of research in the past 3 years has relied on MIND; complementing

the use of this dataset with EB-NeRD, Adressa, and Globo would allow research to optimise the performance of

recommender systems not only for audiences that resemble 2019 US MSN news users, but also audiences from (specific

regions in) Brazil, Denmark, and Norway. In addition, due to its inclusion of article text and wider variety of content,

EB-NeRD partially allows for the development of diversity aware recommender systems that take the formats, styles,

and viewpoints of articles into account by inferring the relevant characteristics from the text. However, the lack of

metadata on (for example) the viewpoints represented in the articles still makes this challenging. Moreover, the limited

spectrum of news content, formats, and timeframes in all datasets continue to limit the development of diversity aware

recommender systems.

In the long term legal and technical research should therefore also expand its focus from assessing how the media

should use technologies such as recommender systems responsibly, to analysing the conditions that need to be in

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14 van Drunen and Vrijenhoek

place for researchers to develop and media organisations to deploy technologies that align with editorial values. At

present, the public datasets used to develop diversity-aware news recommender systems are supplied by commercial

technology companies (Microsoft) or commercial media companies (Adresseavisen, Ekstra Bladet, and G1). Providing

the datasets needed to develop the kinds of diversity-aware recommender systems proposed in normative theory is

not these companies’ societal role, nor do they (given their financial goals) have a strong incentive to do so. Instead,

to enable media organisations to enact the responsible use they call for, as well as to live up to their own obligation

under European fundamental rights law to safeguard a diverse media system, states should take a more active role in

providing the data needed to develop diversity-aware news recommender systems. Collaboration between researchers

and public service media organisations has an important role to play here, as these organisations have the diverse

content and domain knowledge needed to generate the necessary data, as well as the societal role to promote access to

diverse news.

Acknowledgments

We would like to thank Natali Helberger and Laura Hollink for their feedback on earlier drafts of this article. All errors

are ours.

Funding Statement. This research was supported by funding for the AI, Media and Democracy Lab (grant nr.

NWA.1332.20.009) from the Dutch Research Council.

Data availability statement. The four datasets studied in this article are available at https://msnews.github.io/ (MIND),

https://recsys.eb.dk/dataset/ (EB-NeRD), https://www.kaggle.com/datasets/gspmoreira/news-portal-user-interactions-

by-globocom (Globo), and https://reclab.idi.ntnu.no/dataset/ (Adressa). Restrictions apply to their use.

Competing Interests. Max van Drunen co-authored a chapter in a book projected funded by Microsoft while writing

this article. Further information is available at https://www.ivir.nl/projects/news-and-media-law-in-europe/

Ethical Standards. The research meets all ethical guidelines, including adherence to the legal requirements of the

study country.

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