The Cyberspace Administration of China and four other departments issued the Provisions on the Administration of Recommendation of Internet Information Service Algorithms, which came into effect on March 1

Recently, the State Internet Information Office, the Ministry of Industry and Information Technology, the Ministry of Public Security, and the State Administration for Market Regulation jointly issued the Provisions on the Recommendation and Administration of Internet Information Service Algorithms (hereinafter referred to as the Provisions), which will come into effect on March 1, 2022. The relevant person in charge of the State Internet Information Office said that the promulgation of the "Provisions" aims to standardize the recommendation of Internet information service algorithms, 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.

In recent years, while the application of algorithms has injected new momentum into political, economic and social development, the problems caused by the irrational application of algorithms such as algorithm discrimination, "big data killing", and inducing addiction have also profoundly affected the normal communication order, market order and social order, and brought challenges to the maintenance of ideological security, social fairness and justice, and the legitimate rights and interests of netizens. The introduction of targeted algorithm recommendation rules and regulations in the field of Internet information services is the need to prevent and resolve security risks, and it is also necessary to promote the healthy development of algorithm recommendation services and improve the level of supervision capabilities.

The Provisions make it clear that the application of algorithm recommendation technology refers to the use of algorithmic techniques such as generative synthesis, personalized push, sorting selection, retrieval and filtering, and scheduling and decision-making to provide information to users. The State Internet Information Department is responsible for overall planning and coordination of the governance of algorithm recommendation services and related supervision and management efforts nationwide. The relevant departments of telecommunications, public security, market supervision and other relevant departments under the State Council are responsible for the supervision and management of algorithm recommendation services in accordance with their respective duties. Local internet information departments are responsible for overall planning and coordination of the governance of algorithm recommendation services and related supervision and management efforts within that administrative region. Relevant local departments are responsible for the supervision and management of algorithm recommendation services within their respective administrative regions on the basis of their respective duties.

The "Provisions" clarify the information service specifications for algorithm recommendation service providers, requiring that algorithm recommendation service providers should adhere to the mainstream value orientation, actively disseminate positive energy, must not use algorithm recommendation services to engage in illegal activities or disseminate illegal information, and shall take measures to prevent and resist the dissemination of negative information; establish and complete management systems and technical measures such as user registration, information release review, data security and personal information protection, and emergency handling of security incidents, and periodically review, evaluate, and verify the mechanism, model, and mechanism of algorithms. Data and application results, etc.; establish and complete feature databases for identifying illegal and negative information, and where illegal and negative information is discovered, corresponding disposal measures shall be taken; strengthen the management of user models and user tags, improve the rules for points of interest and user tag management that are recorded in the user model; strengthen the ecological management of algorithm recommendation service layout pages, establish and improve mechanisms for manual intervention and user self-selection, and actively present information that conforms to mainstream value orientation in key links; standardize the development of Internet news information services, It is not allowed to generate and synthesize false news information or to disseminate news information published by units that are not within the scope of state regulations; algorithms must not be used to influence online public opinion, evade supervision and management, and monopolize or unfair competition.

The Provisions clarify the requirements for the protection of the rights and interests of algorithm recommendation service providers, including ensuring the algorithm's right to know, requiring users to be informed of their provision of algorithm recommendation services, and publicizing the basic principles, purposes and intentions of the services, and the main operating mechanisms; to ensure the right to choose algorithms, users should be provided with options that do not target their personal characteristics, or the option to conveniently close algorithm recommendation services. In addition, the Provisions clarify specific requirements for providing algorithm recommendation services to minors, the elderly, workers, consumers and other entities, such as not using algorithm recommendation services to induce minors to indulge in the Internet, shall facilitate the safe use of algorithmic recommendation services by the elderly, shall establish and improve relevant algorithms such as platform order distribution, remuneration composition and payment, working hours, rewards and punishments, and must not use algorithms to implement unreasonable differential treatment in transaction conditions such as transaction prices according to consumer preferences, trading habits and other characteristics.

The "Provisions" require that algorithm recommendation service providers with public opinion attributes or social mobilization capabilities shall fill in filing information through the Internet information service algorithm filing system within 10 working days of providing the service, and perform filing formalities; where the filing information changes, they shall go through the formalities for modification within the prescribed time. Algorithm recommendation service providers shall retain network logs in accordance with law, cooperate with relevant departments in carrying out security assessments and supervision and inspection efforts, and provide necessary technical, data, and other such support and assistance.

The relevant person in charge of the State Internet Information Office pointed out that the governance of algorithm recommendation services requires the joint participation of the government, enterprises, society, netizens and other parties, promote the fairness, fairness, standardization and transparency of algorithm recommendation services, promote algorithm recommendation services to be upward and good, and create a clearer cyberspace.

Provisions on the Administration of Recommendation of Internet Information Service Algorithms

State Internet Information Office

Ministry of Industry and Information Technology of the People's Republic

Ministry of Public Security of the People's

State Administration for Market Regulation

cause

No. 9

The Provisions on the Recommendation and Administration of Internet Information Service Algorithms have been deliberated and approved by the 20th room affairs meeting of the State Internet Information Office in 2021 on November 16, 2021, and are hereby promulgated with the consent of the Ministry of Industry and Information Technology, the Ministry of Public Security, and the State Administration for Market Regulation, and will come into force on March 1, 2022.

Zhuang Rongwen, director of the State Internet Information Office

Minister of Industry and Information Technology Xiao Yaqing

Minister of Public Security Zhao Kezhi

Zhang Gong, director of the State Administration for Market Regulation

December 31, 2021

Chapter I General Provisions

Article 1: These Provisions are formulated on the basis of the "Cybersecurity Law of the People's Republic of China", the "Data Security Law of the People's Republic of China", the "Law of the People's Republic of China on the Protection of Personal Information", the "Measures for the Administration of Internet Information Services", and other laws and administrative regulations, so as to standardize internet information service algorithm recommendation activities, carry forward the core socialist values, preserve national security and the societal public interest, protect the lawful rights and interests of citizens, legal persons, and other organizations, and promote the healthy and orderly development of Internet information services.

Article 2: These Provisions apply to the application of algorithm recommendation technology to provide Internet information services (hereinafter referred to as algorithm recommendation services) within the territory of the People's Republic of China. Where laws or administrative regulations provide otherwise, follow those provisions.

The application algorithm recommendation technology referred to in the preceding paragraph refers to the use of algorithm techniques such as generative synthesis classes, personalized push classes, sorting selection classes, retrieval filtering classes, and scheduling decision classes to provide information to users.

Article 3: The State Internet Information Departments are responsible for overall planning and coordination of the governance of algorithm recommendation services and related oversight and management efforts nationwide. The relevant departments of telecommunications, public security, market supervision and other relevant departments under the State Council are responsible for the supervision and management of algorithm recommendation services in accordance with their respective duties.

Local internet information departments are responsible for overall planning and coordination of the governance of algorithm recommendation services and related supervision and management efforts within that administrative region. Local telecommunications, public security, market supervision and other relevant departments are responsible for the supervision and management of algorithm recommendation services within their respective administrative regions in accordance with their respective duties.

Article 4: The provision of algorithm recommendation services shall comply with laws and regulations, respect social morality and ethics, abide by commercial ethics and professional ethics, and follow the principles of fairness and fairness, openness and transparency, scientific rationality, and good faith.

Article 5: Relevant industry organizations are encouraged to strengthen industry self-discipline, establish and complete industry standards, industry guidelines, and self-discipline management systems, and urge and guide algorithm recommendation service providers to formulate and improve service specifications, provide services in accordance with law, and accept social supervision.

Chapter II: Information Service Specifications

Article 6: Algorithm recommendation service providers shall adhere to the mainstream value orientation, optimize the algorithm recommendation service mechanism, actively disseminate positive energy, and promote the application of algorithms upward and good.

Algorithm recommendation service providers must not use algorithm recommendation services to engage in activities prohibited by laws or administrative regulations, such as endangering national security and the societal public interest, disrupting economic and social order, or infringing upon the lawful rights and interests of others, and must not use algorithm recommendation services to disseminate information prohibited by laws or administrative regulations, and shall employ measures to prevent and resist the dissemination of negative information.

Article 7: Algorithm recommendation service providers shall implement the main responsibility for algorithm security, establish and complete management systems and technical measures such as algorithm mechanism mechanism review, scientific and technological ethics review, user registration, information release review, data security and personal information protection, anti-telecommunications network fraud, security assessment and monitoring, and emergency handling of security incidents, draft and disclose rules related to algorithm recommendation services, and allocate professional and technical support appropriate to the scale of algorithm recommendation services.

Article 8: Algorithm recommendation service providers shall periodically review, evaluate, and verify algorithm mechanism mechanisms, models, data, and application results, and must not set up algorithm models that violate laws and regulations or violate ethics and morality, such as inducing users to indulge or consume excessively.

Article 9: Algorithm recommendation service providers shall strengthen information security management, establish and complete feature databases used to identify illegal and negative information, and improve storage standards, rules, and procedures. Where it is discovered that the algorithm that has not made a significant identification generates synthetic information, it shall be marked prominently before it can continue to be transmitted.

Where unlawful information is discovered, the transmission shall be immediately stopped, employing disposal measures such as elimination, to prevent the spread of information, to preserve relevant records, and to report to the internet information departments and relevant departments. Where negative information is discovered, it shall be disposed of in accordance with the relevant provisions on the ecological governance of online information content.

Article 10: Algorithm recommendation service providers shall strengthen the management of user models and user tags, improve rules for points of interest and user tag management that are recorded in user models, and must not record illegal and negative information keywords in user interest points or use them as user tags and push information on the basis of them.

Article 11: Algorithm recommendation service providers shall strengthen the ecological management of algorithm recommendation service layout pages, establish and improve mechanisms for manual intervention and user self-selection, and actively present information that conforms to mainstream value orientation in key links such as the first screen of the home page, hot searches, selections, lists, and pop-up windows.

Article 12: Algorithm recommendation service providers are encouraged to comprehensively employ strategies such as content deduplication and fragmentation intervention, and optimize the transparency and interpretability of rules such as retrieval, sorting, selection, push, and display, to avoid adverse impacts on users, and to prevent and reduce disputes and disputes.

Article 13: Where algorithm recommendation service providers provide Internet news information services, they shall lawfully obtain Internet news information service licenses, standardize the development of Internet news information gathering and editing services, reprint services, and dissemination platform services, must not generate synthetic false news information, and must not disseminate news information published by units other than within the scope of state provisions.

Article 14: Algorithm recommendation service providers must not use algorithms to falsely register accounts, illegally trade accounts, manipulate user accounts, or falsely like, comment, or forward, and must not use algorithms to block information, over-recommend, manipulate lists, or sort search results, control hot searches or selections, and other such interference in the presentation of information, carrying out conduct that affects online public opinion or circumvents supervision and management.

Article 15: Algorithm recommendation service providers must not use algorithms to unreasonably restrict other Internet information service providers, or obstruct or disrupt the normal operation of Internet information services they lawfully provide, and carry out monopolistic or unfair competition conduct.

Chapter III: Protection of Users' Rights and Interests

Article 16: Algorithm recommendation service providers shall inform users of their provision of algorithm recommendation services in a conspicuous manner, and publicize the basic principles, purposes, and main operating mechanisms of algorithm recommendation services in an appropriate manner.

Article 17: Algorithm recommendation service providers shall provide users with options that are not specific to their personal characteristics, or provide users with a convenient option to turn off algorithmic recommendation services. Where a user chooses to turn off algorithm recommendation services, the algorithm recommendation service provider shall immediately stop providing the relevant services.

Algorithm recommendation service providers shall provide users with the ability to select or delete user tags for their personal characteristics used in algorithmic recommendation services.

Where algorithm recommendation service providers apply algorithms that cause a major impact on users' rights and interests, they shall explain them in accordance with law and bear corresponding responsibilities.

Article 18: Where algorithms recommend service providers to provide services to minors, they shall lawfully perform their obligations to protect minors online, and facilitate minors' access to information beneficial to their physical and mental health through methods such as developing models suitable for minors' use and providing services appropriate to the characteristics of minors.

Algorithm recommendation service providers must not push to minors information that might cause minors to imitate unsafe conduct, conduct violating social morality, induce minors to have bad habits, and other information that might affect minors' physical and mental health, and must not use algorithm recommendation services to induce minors to become addicted to the Internet.

Article 19: Where algorithm recommendation service providers provide services to the elderly, they shall ensure the rights and interests enjoyed by the elderly in accordance with law, fully consider the needs of the elderly for travel, medical treatment, consumption, handling, and so forth, follow relevant national provisions to provide intelligent services for the elderly, lawfully carry out monitoring, identification, and disposition of information related to telecommunications network fraud, and facilitate the elderly's safe use of algorithm recommendation services.

Article 20: Where algorithm recommendation service providers provide work scheduling services to workers, they shall protect the lawful rights and interests of workers in obtaining labor remuneration, rest and leave, and establish and improve relevant algorithms such as platform order distribution, remuneration composition and payment, working hours, rewards and punishments, and so forth.

Article 21: Where algorithms recommend service providers to sell goods or provide services to consumers, they shall protect consumers' rights to fair trade, and must not use algorithms to carry out unreasonable differential treatment and other such illegal conduct on transaction prices and other trading conditions on the basis of consumers' preferences, trading habits, and other such characteristics.

Article 22: Algorithm recommendation service providers shall set up convenient and effective portals for user appeals and public complaints and reports, clarifying the handling process and feedback time limit, and promptly accepting, handling, and feedback on the results of the handling.

Chapter IV: Supervision and Management

Article 23: The internet information departments, together with relevant departments such as for telecommunications, public security, and market supervision, are to establish hierarchical and categorical security management systems for algorithm recommendation services, and implement hierarchical and categorical management of algorithm recommendation service providers based on their public opinion attributes or social mobilization capabilities, content categories, user scale, the importance of data processed by algorithm recommendation techniques, and the degree of intervention in user behavior.

Article 24: Algorithm recommendation service providers with public opinion attributes or social mobilization capabilities shall use the Internet information service algorithm filing system to fill in information such as the service provider's name, form of service, field of application, type of algorithm, algorithm self-assessment report, and content to be publicized through the Internet information service algorithm filing system, and perform filing formalities.

Where there is a change in the filing information of the algorithm recommendation service provider, the formalities for the change shall be completed within 10 working days of the change.

Where algorithm recommendation service providers terminate services, they shall go through the formalities for cancellation and filing within 20 working days of terminating the services, and make appropriate arrangements.

Article 25: After the State and provincial, autonomous region, or directly governed municipality cyberspace departments receive the filing materials submitted by the recorder, where the materials are complete, they shall file them for the record, issue the filing number, and make a public announcement; where the materials are incomplete, they are not to be filed for the record, and shall notify the recorder and explain the reasons within 30 working days.

Article 26: Algorithm recommendation service providers that complete filing shall indicate their filing number and provide links to publicity information in a conspicuous position on the websites, applications, and so forth that they provide services to the outside world.

Article 27: Algorithm recommendation service providers with public opinion attributes or social mobilization capabilities shall carry out security assessments in accordance with relevant national provisions.

Article 28: The internet information departments, together with relevant departments such as for telecommunications, public security, and market supervision, carry out security assessments and supervision and inspection efforts for algorithm recommendation services in accordance with law, promptly submitting rectification opinions on problems discovered and making corrections within a time limit.

Algorithm recommendation service providers shall retain network logs in accordance with law, cooperate with network information departments and relevant departments such as for telecommunications, public security, and market supervision to carry out security assessment and supervision and inspection efforts, and provide necessary technical, data, and other such support and assistance.

Article 29: Relevant institutions and personnel participating in the security assessment and supervision and inspection of algorithm recommendation services shall preserve the confidentiality of personal privacy, personal information, and commercial secrets learned in the course of performing their duties in accordance with law, and must not leak or illegally provide them to others.

Article 30: Where any organization or individual discovers conduct violating these Provisions, they may make a complaint or report to the internet information departments and relevant departments. Departments receiving complaints or reports shall promptly handle them in accordance with law.

Chapter V: Legal Liability

Article 31: Where algorithm recommendation service providers violate articles 7, 8, 9, paragraph 1, 10, 14, 16, 17, 22, 24, or 26 of these Provisions, where laws or administrative regulations have provisions, follow those provisions; where laws or administrative regulations do not provide for them, the network information departments and relevant departments such as for telecommunications, public security, market supervision, and so forth are to give warnings, circulate criticisms, and order corrections within a time limit if they refuse to make corrections or where the circumstances are serious, order them to suspend information updates and impose a fine of between 10,000 yuan and 100,000 yuan. Where conduct constituting a violation of the administration of public security is constituted, a punishment for the administration of public security shall be given in accordance with law; where a crime is constituted, criminal responsibility shall be pursued in accordance with law.

Article 32: Where algorithm recommendation service providers violate the provisions of articles 6, 9, 2, 11, 13, 15, 18, 19, 20, 21, 27, or 28, paragraph 2 of these Provisions, the internet information departments and relevant departments such as for telecommunications, public security, and market supervision are to handle them in accordance with their duties and in accordance with the provisions of relevant laws, administrative regulations, and departmental rules.

Article 33: Where algorithm recommendation service providers with public opinion attributes or social mobilization capabilities obtain filings through improper means such as concealing relevant circumstances or providing false materials, the state and provincial, autonomous region, or directly governed municipality internet information departments are to revoke the filings, give them a warning, or circulate criticisms; where the circumstances are serious, order the suspension of information updates, and impose a fine of between 10,000 and 100,000 yuan.

Where algorithm recommendation service providers with public opinion attributes or social mobilization capabilities terminate services and fail to go through the formalities for cancellation and filing in accordance with the requirements of paragraph 3 of article 24 of these Provisions, or where serious illegal situations occur and are ordered to close websites, revoke relevant business licenses, or revoke business licenses, or other administrative penalties, the state and provincial, autonomous region, or directly governed municipality Internet information departments are to cancel the filing.

Chapter VI Supplementary Provisions

Article 34: The State Internet Information Office, together with the Ministry of Industry and Information Technology, the Ministry of Public Security, and the State Administration for Market Regulation, is responsible for the interpretation of these Provisions.

Article 35: These Provisions take effect on March 1, 2022.

Source: Netinfo China