We could demand it either way. There's no iron law of the universe that says otherwise. The application of the law is supposed to be objective but the contents are just made up by those with the power to do it.
Not enough people would demand it for it to be actionable, and not having to pay is part of the reason. Why would we spend effort on actively demanding things when we are spending not a cent on this in the first place, and can instead passively-aggressively deploy adblockers while waiting for the next iteration of this arms race (which something makes me think might involve LLMs)?