Expert Interpretation ｜ Building an Algorithm Governance Landing Support System

With the rapid development of network information technology, technologies such as big data, cloud computing, algorithms and artificial intelligence are widely used in various platforms and application scenarios such as social networking, shopping, travel, medical care, job hunting and video. The emerging format of the Internet has brought great convenience to people and shaped people’s new way of life. At the same time, due to the fast iterative speed of information technology update, diverse development forms and increasingly complex emerging formats, big data mining and algorithms bring convenience to users’ personalized services and inject new kinetic energy into economic and social development through user behavior analysis and historical data mining. However, the unreasonable application of algorithms, such as algorithm discrimination, "killing big data", induced addiction, illegality and bad information recommendation, has also touched on issues such as user information security and rights protection, and has profoundly affected the normal communication order, market order and social order, bringing new challenges to China’s existing laws, regulations and regulatory governance system.

In order to standardize Internet information service algorithm recommendation activities, safeguard national security and social public interests, protect the legitimate rights and interests of citizens, legal persons and other organizations, and promote the healthy development of Internet information services, the State Internet Information Office, the Ministry of Industry and Information Technology, the Ministry of Public Security and the State Administration of Market Supervision jointly issued the Regulations on the Administration of Internet Information Service Algorithm Recommendation (hereinafter referred to as the Regulations), which will take effect on March 1, 2022.The promulgation and implementation of "Regulations" will effectively strengthen the state’s standardized supervision on algorithm recommendation of Internet information service providers, help to create a positive and healthy Internet information service environment, form a good information dissemination order, and further enhance China’s social governance capacity.

First, take the social mainstream value as the guidance, and emphasize the management and guidance of public opinion.

The "Regulations" emphasize that algorithm recommendation service providers should adhere to the mainstream value orientation, optimize the algorithm recommendation service mechanism, actively spread positive energy, and promote the application of algorithms. The Regulation focuses on the application risks of algorithms in Internet information services, such as potential algorithms affecting network public opinion, algorithms inducing users to indulge or over-consume, algorithm collusion and unfair competition, which leads to governance objects, and regulates Internet information service algorithm recommendation activities through algorithm regulation to safeguard national security and social public interests. The "Regulations" point out that an algorithm recommendation service provider with public opinion attribute or social mobilization ability should fill in the service provider’s name, service form, application field, algorithm type, algorithm self-evaluation report, content to be publicized and other information through the Internet information service algorithm filing system within ten working days from the date of providing services, and perform filing procedures.

Two, focus on the protection of user rights and interests, safeguard the legitimate rights and interests of minors and the elderly and other groups.

The Regulation emphasizes that algorithm recommendation service providers should provide users with options that are not specific to their personal characteristics, or provide users with convenient options to turn off algorithm recommendation services. If the user chooses to close the algorithm recommendation service, the algorithm recommendation service provider shall immediately stop providing related services. If the algorithm recommends service providers to provide services to minors, they should fulfill their network protection obligations according to law, and facilitate minors to obtain information beneficial to their physical and mental health by developing models suitable for minors and providing services suitable for minors’ characteristics. The "Regulations" pointed out that algorithmic recommendation service providers should not push information to minors that may cause minors to imitate unsafe behaviors and violate social ethics, induce minors’ bad habits and other information that may affect their physical and mental health, and should not use algorithmic recommendation services to induce minors to indulge in the Internet. The "Regulations" pointed out that when an algorithmic recommendation service provider provides services to the elderly, it should protect the rights and interests enjoyed by the elderly according to law, fully consider the needs of the elderly for travel, medical treatment, consumption and work, provide intelligent services suitable for the elderly in accordance with relevant state regulations, and carry out monitoring, identification and disposal of fraudulent information related to telecommunications networks according to law, so as to facilitate the safe use of algorithmic recommendation services by the elderly.

Three, establish a complete and feasible supervision system, clear the legal responsibility of service providers.

The "Regulations" emphasize that the network information department shall establish an algorithm classification safety management system with relevant departments such as telecommunications, public security, market supervision, etc., and implement classification management for algorithm recommendation service providers according to the public opinion attribute or social mobilization ability, content category, user scale, importance of data processed by algorithm recommendation technology, and interference degree to user behavior. The "Regulations" point out that the algorithm recommendation service provider violates the provisions of Article 7, Article 8, Article 9, Paragraph 1, Article 10, Article 14, Article 16, Article 17, Article 22, Article 24 and Article 26, and if there are provisions in laws and administrative regulations, such provisions shall prevail; If there are no provisions in laws and administrative regulations, the network information department and the relevant departments of telecommunications, public security and market supervision shall give a warning and informed criticism according to their duties and order them to make corrections within a time limit; Refuses to correct or if the circumstances are serious, it shall be ordered to suspend the information update and be fined not less than 10,000 yuan but not more than 100,000 yuan. If it constitutes a violation of public security administration, it shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Fourth, build a support system for algorithmic governance and strengthen corporate social responsibility.

The promulgation of the Regulations is exploratory and forward-looking, and it is also a new starting point for algorithm recommendation management. However, the algorithm comprehensive management is still in its infancy, lacking practical experience and technical support system of algorithm recommendation management. Accelerating the implementation of algorithm management as soon as possible, combining with the current new technical system, and correcting the new problems encountered in the implementation process are the keys to effectively ensure the strong and orderly progress of algorithm comprehensive management. In addition, in the process of management landing, the self-discipline and social responsibility of related enterprises are also important factors affecting the landing. It is suggested to strengthen the following work:

(A) to build a technical system of algorithm management and monitoring to promote the sustainable development of network governance.

Around the construction of the technical system of algorithm governance and monitoring, universities are encouraged to set up and strengthen the discipline construction of algorithm security-related majors, and pay attention to interdisciplinary construction and student training, guide universities to establish relevant scientific research institutions, strengthen the research direction of algorithm governance, set up relevant talent teams, establish a linkage mechanism between research institutions and related main enterprises, use the scientific research capabilities of research institutions, and combine enterprise technology accumulation and service system to carry out demonstration applications of governance, and cultivate a high-quality talent team of algorithm supervision.

(B) to stimulate the sense of social responsibility of information service enterprises, the formation of industry self-discipline atmosphere.

In addition to perfecting laws and regulations and constructing supervision mechanism, corporate social responsibility is very important.first, through industry associations, signed a self-discipline convention on algorithm recommendation of Internet platform, made reasonable provisions and restrictions on data collection and algorithm use, made relevant algorithms and procedures public as required, and established a user supervision mechanism. Well-known and leading domestic enterprises should play a leading role and encourage other small and medium-sized enterprises, thus forming a governance mechanism of mutual supervision, conscious compliance and compliance management within the industry.nextInternet platform enterprises should consciously assume social responsibilities, learn and abide by national legal norms and business ethics, follow the principle of honest trading, improve their credibility, and make profits by quality and word of mouth. Finally, relying on the enterprise’s own strength, the chaos of algorithm recommendation will be blocked from the source, so as to safeguard the legitimate rights and interests of users and jointly protect the healthy and upward Internet order. (Author: Shen Hao China Communication University State Key Laboratory of Media Convergence and Communication Big Data Center, chief scientist.)