Administrative Provisions on Algorithm Recommendation for Internet Information Services
Promulgation Authorities: Cyberspace Administration of China
Release Date: 2021-12-13
Source: https://www.gov.cn/zhengce/zhengceku/2022-01/04/content_5666429.htm
Original Title: 互联网信息服务算法推荐管理规定
Chapter I General Provisions
Article 1 These Provisions are enacted in accordance with the Cybersecurity Law of the People’s Republic of China, the Data Security Law of the People’s Republic of China, the Personal Information Protection Law of the People’s Republic of China, the Administrative Measures on Internet Information Services and other laws and administrative regulations, in order to regulate Internet information service algorithm recommendation activities, promote socialist core values, safeguard national security and social public interests, protect the legitimate rights and interests of citizens, legal persons and other organizations, and facilitate the healthy and orderly development of Internet information services.
Article 2 These Provisions apply to the application of algorithm recommendation technologies to provide Internet information services (hereinafter referred to as “algorithm recommendation services”) within the territory of the People’s Republic of China. Where it is otherwise provided for in laws and administrative regulations, such provisions shall prevail.For the purpose of the preceding paragraph, the term “application of algorithm recommendation technologies” refers to the use of algorithmic technologies such as generation and synthesis, personalized push, sorting and selection, retrieval and filtering, scheduling decision-making, etc. to provide information to users.
Article 3 The Cyberspace administration of China is responsible for coordinating the governance of national algorithm recommendation services and the relevant supervision and administration and the departments of telecommunications, public security and market regulation, etc. under the State Council are in charge of the supervision and administration of algorithm recommendation services ex officio.Local cyberspace administrations are responsible for coordinating the governance of algorithm recommendation services and the relevant supervision and administration within their respective administrative regions, and local authorities of telecommunications, public security and market regulation, etc. are in charge of the supervision and administration of algorithm recommendation services ex officio within their respective administrative regions.
Article 4 Algorithm recommendation services shall be provided in compliance with laws and regulations, with respect for social morality and ethics, business ethics and professional ethics, and under the principles of impartiality, fairness, openness and transparency, scientificity and reasonableness, honesty and good faith.
Article 5 Relevant trade associations are encouraged to strengthen industry self-regulation, establish sound industry standards, industry guidelines and self-regulatory management systems, and urge and guide algorithm recommendation service providers to formulate and improve codes of service, provide services in accordance with the law and accept social supervision.
Chapter II Codes of Information Service
Article 6 Algorithm recommendation service providers shall adhere to the mainstream value orientation, optimize the algorithm recommendation service mechanism, actively spread positive energy and Promote the application of algorithms to the positive effect.Algorithm recommendation service providers shall not take advantage of algorithm recommendation services to engage in activities prohibited by laws and administrative regulations, such as endangering the national security and public interests, disturbing the economic order and social order and infringing upon the legitimate rights and interests of others, and shall not take advantage of algorithm recommendation services to disseminate information prohibited by laws and administrative regulations. Instead, algorithm recommendation service providers shall take measures to prevent and reject the dissemination of adverse information.
Article 7 Algorithm recommendation service providers shall fulfill their responsibilities as subjects for algorithm security, establish and improve the management systems and technical measures for algorithm mechanism and principle review, scientific and technological ethics review, user registration, information release review, data security and personal information protection, anti-telecommunications and Internet fraud, security assessment and monitoring, and security incident emergency response, formulate and disclose the relevant rules for algorithm recommendation services, and be equipped with professional staff and technical support appropriate to the scale of the algorithm recommendation service.
Article 8 Algorithm recommendation service providers shall regularly review, evaluate and verify the principle, models, data and application results of algorithm mechanisms, and shall not set up any algorithm model in violation of laws and regulations or ethics and morals, such as inducing users to be addicted to or over-consumed.
Article 9 Algorithm recommendation service providers shall strengthen information security management, establish and improve a feature database for identifying illegal and bad information, and improve entry standards, rules and procedures. If it is found that the synthetic information is generated by an algorithm without any noticeable mark, the information shall not be transmitted again until the noticeable mark has been made.Where any illegal information is found, the transmission thereof shall be immediately stopped, and measures such as deletion shall be taken to prevent the information from spreading. The relevant records shall be kept and a report shall be made to the cyberspace administration and the relevant authorities. Adverse information, if found, shall be handled in accordance with the relevant provisions on ecological governance of network information contents.
Article 10 Algorithm recommendation service providers shall strengthen the management of user models and user labels, and improve the rules on points of interest recorded into user models and user label management, and shall not record illegal and harmful information keywords into the points of interest of users or use them as user labels to push information.
Article 11 Algorithm recommendation service providers shall strengthen the ecological management of layout and pages for algorithm recommendation services, establish and improve the mechanism for manual intervention and user self-selection, and actively present the information in line with the mainstream value orientation on the first screen of the homepage, the most searched, selection, ranking, pop-up windows and other key links.
Article 12 Algorithm recommendation service providers are encouraged to comprehensively apply strategies such as content duplication removal and dispersal intervention, and optimize the transparency and interpretability of rules on retrieval, list, selection, pushing and display, so as to avoid adverse impact on users and prevent and reduce disputes.
Article 13 To provide internet news information services, an algorithm recommendation service provider shall obtain the license for such services in accordance with the law, carry out editing and releasing services, reposting services and transmission platform services of internet news information in a regulated manner, and shall not generate or synthesize false news information or transmit news information released by entities not within the scope prescribed by the State.
Article 14 Algorithm recommendation service providers shall not falsely register accounts, illegally trade accounts, manipulate user accounts or make false likes, comments or forwarding by taking advantage of algorithms, nor shall they block information, overly recommend, manipulate lists or search results ranking, control the most searched or selections by taking advantage of algorithms to intervene in information presentation or to have any act of influencing network public opinions or circumventing supervision and administration.
Article 15 Algorithm recommendation service providers shall not impose unreasonable restrictions on other Internet information service providers or hinder or disrupt the normal operation of the internet information services legally provided by them by taking advantage of algorithms to conduct any monopoly or unfair competition.
Chapter III Protection of Users’ Rights and Interests
Article 16 Algorithm recommendation service providers shall inform users of the information on their provision of algorithm recommendation services in a noticeable way, and publicize the basic principles, purposes and main operating mechanisms of algorithm recommendation services in a proper way.
Article 17 Algorithm recommendation service providers shall provide users with options not based on their personal characteristics or provide users with the option of closing algorithm recommendation services in a convenient manner. If users opt to close algorithm recommendation services, the algorithm recommendation service providers shall forthwith cease to provide relevant services.Algorithm recommendation service providers shall provide users with the function of selecting or deleting user tags based on their personal characteristics used for algorithm recommendation services.
Where the application of algorithms by an algorithm recommendation service provider has a significant impact on the rights and interests of users, the said provider shall give explanations in accordance with the law and assume the corresponding liability.
Article 18 Algorithm recommendation service providers providing services to minors shall fulfill their obligation of protecting minors online in accordance with the law, and facilitate minors to obtain information beneficial to their physical and mental health by developing modes suitable for minors, providing services suitable for the characteristics of minors or otherwise.Algorithm recommendation service providers shall not push to minors any information that may affect the physical and mental health of minors, such as those that may cause minors to imitate unsafe behaviors and behaviors violating social morality or induce minors to have bad habits, nor shall they induce minors to indulge in the Internet by making use of algorithm recommendation services.
Article 19 Algorithm recommendation service providers providing services to the elderly shall safeguard the rights and interests of the elderly in accordance with the law, take into full account the needs of the elderly for travel, medical treatment, consumption and affairs handling, provide intelligent services suitable for the elderly in accordance with the relevant provisions of the State, and monitor, identify and deal with telecommunications and Internet fraud information in accordance with the law to facilitate the elderly in safely using algorithm recommendation services.
Article 20 Algorithm recommendation service providers providing workers with job scheduling services shall protect the legitimate rights and interests of the workers such as labor remuneration, rest and vacation, and establish and improve relevant algorithms for platform order distribution, composition and payment of remuneration, working hours, rewards and punishments, etc.
Article 21 Algorithmic recommendation service providers selling goods or providing services to consumers shall protect the rights of consumers to fair transactions, and shall not, according to the preferences, transaction habits and other characteristics of consumers commit illegal acts such as unreasonable differential treatment in transaction price and other transaction conditions by taking advantage of the algorithms.
Article 22 Algorithm recommendation service providers shall set up a convenient and effective portal for user complaints, public complaints and reports, clarify the processing process and time limit for feedback, and promptly accept, process and feedback the processing results.
Chapter IV Supervision and Administration
Article 23 Cyberspace administrations shall, in concert with relevant authorities of telecommunications, public security and market regulation, etc., establish a hierarchical and classified security management system for algorithms, and implement hierarchical and classified management of algorithm recommendation service providers according to the public opinion attribute or social mobilization ability of algorithm recommendation services, content category, user scale, importance of data processed by algorithm recommendation technologies, and degree of intervention in user behaviors.
Article 24 An algorithm recommendation service provider with public opinion attribute or social mobilization ability shall, within ten working days from the date of provision of services, fill in such information as the service provider’s name, service form, application field, algorithm type, algorithm self-assessment report and content to be disclosed via the internet information service algorithm record-filing system to go through record-filing formalities.Where the record-filing information of an algorithm recommendation service provider changes, the said provider shall go through formalities for change within ten working days from the date of change.
Where an algorithm recommendation service provider terminates services, it shall go through formalities for deregistration of record-filing within 20 working days from the date of termination of services and make proper arrangements.
Article 25 The Cyberspace Administration of China and the cyberspace administrations of provinces, autonomous regions and municipalities directly under the Central Government shall, within 30 working days upon receipt of the record-filing materials submitted by the record-filing applicants, grant record-filing, issue record-filing numbers and make public the record-filing; if the materials are incomplete, record-filing shall not be granted, and the record-filing applicant shall be notified, with reasons stated, within 30 working days.
Article 26 An algorithm recommendation service provider that has completed record-filing shall indicate its record-filing number and provide links to the publicized information in a prominent position of its website or application through which it provides services to the public.
Article 27 Algorithm recommendation service providers with public opinion attribute or social mobilization ability shall carry out security assessment in accordance with the relevant provisions of the State.
Article 28 Cyberspace administrations shall, in concert with relevant authorities of telecommunications, public security and market regulation, etc., carry out security assessment and supervision and inspection of algorithm recommendation services in accordance with the law, and timely put forward rectification opinions for the problems found and order rectification within a time limit.Algorithm recommendation service providers shall keep web logs in accordance with the law, cooperate with cyberspace administrations and relevant authorities of telecommunications, public security and market regulation, etc. in security assessment and supervision and inspection, and provide necessary technical and data support and assistance.
Article 29 Relevant agencies and personnel participating in security assessment and supervision and inspection of algorithm recommendation services shall keep confidential personal privacy, personal information and trade secrets known in performing their duties in accordance with the law, and shall not disclose or illegally provide the same to others.
Article 30 Any organization or individual that finds any violation of these Provisions may complain or report to cyberspace administrations and other relevant authorities. Authorities that receive such complaints or reports shall promptly deal with them in accordance with the law.
Article 31 With respect to any algorithm recommendation service provider who violates the provisions of Article 7, Article 8, Paragraph 1 of Article 9, Article 10, Article 14, Article 16, Article 17, Article 22, Article 24 or Article 26 hereof, if there are relevant provisions in laws and administrative regulations, such provisions shall prevail; in the absence of relevant provisions in laws and administrative regulations, cyberspace administrations and relevant authorities of telecommunications, public security and market regulation, etc. shall, ex officio, give a warning to the said provider, circulate a notice of criticism and order it to make corrections within a time limit; if the said provider refuses to make corrections or the circumstances are serious, it shall be ordered to suspend information updating and imposed a fine of not less than 10,000 yuan but not more than 100,000 yuan. In the case of a violation of public security administration, the said provider shall be subject to punishment for public security administration in accordance with the law; in the case of a crime, the said provider shall be investigated for criminal liability in accordance with the law.
Article 32 With respect to any algorithm recommendation service provider who violates the provisions of Article 6, Paragraph 2 of Article 9, Article 11, Article 13, Article 15, Article 18, Article 19, Article 20, Article 21, Article 27 and Paragraph 2 of Article 28 hereof, the cyberspace administration and the relevant authorities of telecommunications, public security and market supervision, etc. shall, ex officio, deal with the case in accordance with the provisions of the relevant laws, administrative regulations and departmental rules.
Article 33 With respect to any algorithm recommendation service provider with the attribute of public opinions or the ability to mobilize the public who has obtained record-filing by concealing relevant information, providing false materials or other improper means, the Cyberspace Administration of China and the cyberspace administration of the province, autonomous region or centrally-administered municipality concerned shall revoke its record-filing, give it a warning or circulate a notice of criticism; if the circumstances are serious, it shall be ordered to suspend information updating and imposed a fine of not less than 10,000 yuan but not more than 100,000 yuan.Where an algorithm recommendation service provider with the attribute of public opinions or the ability to mobilize the public fails to go through the formalities for deregistration of record-filing as required in Paragraph 3 of Article 24 hereof upon termination of services, or is subject to administrative penalties such as being ordered to close down its website or having its business permit or business license revoked due to serious violations, the Cyberspace Administration of China and the cyberspace administration of the province, autonomous region or centrally-administered municipality concerned shall deregister its record-filing.
Chapter VI Supplementary Provisions
Article 34 These Provisions shall be interpreted by the Cyberspace Administration of China in conjunction with the Ministry of Industry and Information Technology, the Ministry of Public Security and the State Administration for Market Regulation.
Article 35 These Provisions shall come into force as of March 1, 2022.