Three months after the end of the consultation, the regulations on the administration of Internet information service algorithm recommendation was officially implemented recently.
The document is jointly issued by the state Internet Information Office, the Ministry of industry and information technology, the Ministry of public security and the State Administration of market supervision and administration, and shall enter into force as of March 1, 2022. This is China’s first targeted algorithm recommendation rules and regulations in the field of Internet information services.
key point 1: five new provisions were added to the official release document
The application algorithm recommendation technology mentioned in the Regulations refers to the use of algorithm technologies such as generation synthesis, personalized push, sorting and selection, retrieval and filtering, scheduling and decision-making to provide information to users.
Compared with the draft for comments, the provisions have changed a lot. From the perspective of departmental division of labor, the division of supervision and management is more focused. The provisions determine that the national network information department is responsible for coordinating the governance of national algorithm recommendation service and relevant supervision and management. The telecommunications, public security, market supervision and other relevant departments under the State Council shall be responsible for the supervision and administration of algorithm recommendation services according to their respective responsibilities. Previously, in the draft for comments, the national network information department was responsible for the supervision, management and law enforcement of the national algorithm recommendation service.
In terms of content, there are 35 regulations officially issued, including 5 additional contents, involving information service specifications, user rights and interests protection, etc.
Specifically, first, if an algorithm recommendation service provider provides Internet news and information services, it shall obtain an Internet news and information service license according to law, standardize the development of Internet news and information collection, editing and distribution services, reprint services and communication platform services, and shall not generate synthetic false news information or disseminate news information published by units not within the scope specified by the state.
Second, algorithm recommendation service providers shall not use algorithms to unreasonably restrict other Internet information service providers, or hinder or destroy the normal operation of Internet information services legally provided by them, and implement monopoly and unfair competition.
Third, if algorithm recommendation service providers provide services to the elderly, they should protect the rights and interests of the elderly according to law, fully consider the needs of the elderly for travel, medical treatment, consumption and affairs, provide intelligent elderly services in accordance with relevant national regulations, and carry out the monitoring, identification and disposal of information related to telecom network fraud according to law, so as to facilitate the safe use of algorithm recommendation services by the elderly.
Fourth, algorithm recommendation service providers should set up convenient and effective entrances for user complaints, public complaints and reports, clarify the processing process and feedback time limit, accept, handle and feed back the processing results in time.
Fifth, it is clearly stipulated that the state Internet Information Office shall be responsible for interpretation in conjunction with the Ministry of industry and information technology, the Ministry of public security and the State Administration of market supervision and administration.
The relevant person in charge of the state Internet Information Office said that the promulgation of the regulations is not only the need to further promote the comprehensive management of Internet information service algorithms, but also the need to actively promote the standardized and healthy development of algorithm recommendation services.
The application algorithm recommendation technology mentioned in the Regulations refers to the use of algorithm technologies such as generation synthesis, personalized push, sorting and selection, retrieval and filtering, scheduling and decision-making to provide information to users. The provisions will apply to companies that apply algorithm recommendation technology to provide Internet information services in China. Tiktok, micro-blog, Kwai, the US, and starved, etc., will be included in the market analysis.
In combination with this new content, if an algorithm recommendation service provider provides Internet news and information services, it shall not transmit news and information released by units not within the scope specified by the state, in addition to obtaining an Internet news and information service license according to law and standardizing the collection, editing and publishing services, reprint services and communication platform services of Internet news and information.
key point 2: “do not set discriminatory or biased user labels” was deleted
The problems caused by unreasonable application of algorithms such as algorithm discrimination, “big data killing” and induced addiction pose challenges.
The regulations specify that algorithm recommendation service providers should strengthen the management of user models and user labels, improve the rules of interest points recorded in user models and user label management rules, and shall not record illegal and bad information keywords into user interest points or serve as user labels to push information. However, the reference to “no discriminatory or biased user label information” in the exposure draft is deleted.
The aforementioned person in charge also stressed that the regulations clarify the requirements for the protection of users’ rights and interests of algorithm recommendation service providers. Including the right to know the algorithm and the right to choose the algorithm. The algorithm recommendation service provider shall provide users with the function of selecting or deleting user tags for their personal characteristics for the algorithm recommendation service.
There are similar requirements in the personal information protection law, that is, when pushing information and commercial marketing to individuals through automatic decision-making, they should also provide options that are not specific to their personal characteristics, or provide individuals with a convenient way to refuse.
key point 3: increase the punishment standard for violations
double the lower penalty limit
Another change in the official release document is to improve the punishment standard for violations by algorithm recommendation service providers.
The regulations specify that if the algorithm recommendation service provider violates the provisions of the specified terms and regulations, refuses to correct or the circumstances are serious, it shall be ordered to suspend the information update and be fined not less than 10000 yuan but not more than 100000 yuan. If an algorithm recommendation service provider with public opinion attribute or social mobilization ability obtains the record by concealing relevant information, providing false materials and other improper means, the Network Information Department of the state, province, autonomous region or municipality directly under the central government shall revoke the record, give a warning and circulate a notice of criticism; If the circumstances are serious, it shall be ordered to suspend information updating and shall also be fined not less than 10000 yuan but not more than 100000 yuan.
Compared with the fine of 5000 yuan to 30000 yuan in the draft for comments, it has been greatly improved.
key point 4: the first algorithm recommends rules and regulations
covers all Internet algorithm providing service companies
The regulations is the first targeted algorithm recommendation rules and regulations in the field of Internet information services in China, and will be applicable to companies applying algorithm recommendation technology to provide Internet information services in China. According to relevant media reports, personalized content push based on algorithm has accounted for about 70% of the whole Internet information content distribution.
The above-mentioned person in charge said that the provisions require that algorithm recommendation service providers should adhere to the mainstream value orientation and actively disseminate positive energy. They should not use algorithm recommendation services to engage in illegal activities or disseminate illegal information, and should take measures to prevent and resist the dissemination of bad information.
The regulations encourage relevant industry organizations to strengthen industry self-discipline, establish and improve self-discipline systems and industry standards, organize the formulation of industry standards, urge and guide algorithm recommendation service providers to establish and improve service norms, provide services according to law and accept social supervision.
The regulations specify that algorithm recommendation service providers with public opinion attribute or social mobilization ability shall carry out safety assessment in accordance with relevant national regulations. Algorithm recommendation service providers shall keep network logs according to law, cooperate with network information departments and relevant departments such as telecommunications, public security and market supervision to carry out security assessment, supervision and inspection, and provide necessary technical and data support and assistance.
Ning Xuanfeng, partner of the compliance business department of Jindu law firm, pointed out that up to now, many laws, regulations or draft specifications have put forward normative requirements for the application of similar technologies such as algorithms and automated decision-making in different scenarios. Article 24 of the personal information protection law requires that when using personal information for automatic decision-making, personal information processors shall ensure the transparency of decision-making and the fairness and justice of the results, and shall not implement unreasonable differential treatment.
In the field of e-commerce, Article 18 of the e-commerce law also stipulates similar provisions on “big data ripening”, while the measures for the supervision and administration of online transactions involves many provisions, including the acts of interfering with the independent operation of platform operators such as searching and lowering the right, removing goods from the shelves, restricting operation, shielding stores, and sending business information to consumers, Can be done using algorithms. The antimonopoly guide of the antimonopoly Commission of the State Council on the field of platform economy regulates the algorithmic collusion that may be involved in the field of platform, as well as the rejection of transactions, limited transactions, differential treatment and other behaviors using algorithms.
In terms of penalties, the provisions on administrative penalties for price violations (Exposure Draft) revised in 2021 specifically stipulates “price violations in new business formats” and provides for administrative penalties for price discrimination based on algorithms.
Ning Xuanfeng believes that the in-depth supervision of algorithms in the future will become more professional and technical, leaving room for operation for technical feasibility while responding to regulatory needs.
(Securities Times)
