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Constitutional theory thesis explicitly reconceptualising media as epistemic gatekeepers, proposing fiduciary-epistemic governance to ensure democratic accountability, epistemic fairness, and public trust.

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Epistemic Gatekeepers as the Fourth Estate

Reining in Media’s Unchecked Epistemic Power


by Peter Kahl, 2025-07-27

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Abstract

In this thesis, I reconceptualise contemporary media institutions as constitutional epistemic actors whose governance roles parallel traditional legislative, executive, and judicial state functions. Drawing upon my original theoretical frameworks—Epistemic Clientelism Theory (ECT) and fiduciary epistemology—and canonical scholarship (Foucault, Habermas, Gramsci, Chomsky/Herman), I demonstrate how media entities exercise significant epistemic control, shaping democratic legitimacy, historical narratives, and societal discourse. Through empirical case studies, I illustrate practices of epistemic clientelism and algorithmic gatekeeping, highlighting constitutional concerns such as democratic accountability deficits and epistemic injustice. In response, I propose a robust fiduciary-epistemic accountability framework, outlining fiduciary duties (transparency, epistemic fairness, accountability) and practical institutional mechanisms. Ultimately, I argue that explicit constitutional recognition and fiduciary regulation of epistemic gatekeepers is crucial for democratic governance, epistemic justice, and historical integrity. History is written by those who control epistemic gatekeeping; safeguarding democratic legitimacy thus demands explicit fiduciary governance of epistemic power.

Keywords

epistemic gatekeeping, epistemic clientelism, fiduciary epistemology, constitutional theory, constitutional law theory, separation of powers, democratic governance theory, media accountability, epistemic justice, democratic legitimacy, fiduciary governance, algorithmic accountability, media regulation, epistemic pluralism, epistemic autonomy, constitutional reform, public sphere theory, historical narratives

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Kahl, P. (2025). Epistemic Gatekeepers as the Fourth Estate: Reining in Media’s Unchecked Epistemic Power. Lex et Ratio Ltd. https://github.com/Peter-Kahl/Epistemic-Gatekeepers-as-the-Fourth-Estate-Reining-in-Medias-Unchecked-Epistemic-Power

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First published in London by Peter Kahl, 2025-07-27.

© 2025 Lex et Ratio Ltd. The author asserts the moral right to be identified as the author of this work and to object to its derogatory treatment. Licensed under Creative Commons BY-NC-ND 4.0. You may share this work for non-commercial purposes with attribution and without modification.
Licence: https://creativecommons.org/licenses/by-nc-nd/4.0/ .

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