Provisions on the Administration of Internet Information Service Algorithm Recommendations
Chapter 1 General Provisions
Article 1 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 promote the healthy and orderly development of Internet information services, according to the "Chinese People's Laws and administrative regulations such as 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, and the Measures for the Administration of Internet Information Services, formulate these regulations.
Article 2 These regulations apply to the application of algorithm recommendation technology to provide Internet information services (hereinafter referred to as algorithm recommendation service) within the territory of the People's Republic of China. Where laws and administrative regulations provide otherwise, such provisions shall prevail.
The application algorithm recommendation technology referred to in the preceding paragraph refers to the provision of information to users by using algorithm technologies such as generation and synthesis, personalized push, sorting and selection, retrieval and filtering, scheduling and decision-making.
Article 3 The national network information department is responsible for overall planning and coordination of national algorithm recommendation service governance and related supervision and management work. The telecommunications, public security, market supervision and other relevant departments of the State Council are responsible for the supervision and management of algorithm recommendation services according to their respective responsibilities.
Local network information departments are responsible for overall planning and coordination of algorithm recommendation service governance and related supervision and management within their administrative regions. Local telecommunications, public security, market supervision and other relevant departments are responsible for the supervision and management of algorithm recommendation services within their administrative regions according to their respective responsibilities.
Article 4 The provision of algorithm recommendation services shall abide by laws and regulations, respect social morality and ethics, abide by business ethics and professional ethics, and follow the principles of fairness, openness, transparency, scientific rationality, and honesty.
Article 5 Encourage relevant industry organizations to strengthen industry self-discipline, establish and improve 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 the law, and accept social supervision.
Chapter II Information Service Specifications
Article 6 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 for good.
Algorithm recommendation service providers are not allowed to use algorithm recommendation services to engage in activities prohibited by laws and administrative regulations, such as endangering national security and social public interests, disrupting economic and social order, and infringing on the legitimate rights and interests of others, and shall not use algorithm recommendation services to disseminate information prohibited by laws and administrative regulations. information, measures should be taken to prevent and resist the dissemination of bad information.
Article 7 Algorithm recommendation service providers shall implement the main responsibility for algorithm security, establish and improve algorithm mechanism mechanism review, scientific and technological ethics review, user registration, information release review, data security and personal information protection, anti-telecom network fraud, security assessment and monitoring, security Management systems and technical measures such as emergency response to incidents, formulate and disclose rules related to algorithm recommendation services, and equip professionals and technical support commensurate with the scale of algorithm recommendation services.
Article 8 Algorithm recommendation service providers should regularly review, evaluate, and verify algorithm mechanisms, models, data, and application results, etc., and must not set up algorithm models that induce users to become addicted, excessive consumption, etc. that violate laws and regulations or violate ethics.
Article 9 Algorithm recommendation service providers shall strengthen information security management, establish and improve feature databases for identifying illegal and bad information, and improve storage standards, rules, and procedures. If it is found that synthetic information is generated by an algorithm that has not been clearly marked, it should be clearly marked before continuing to transmit.
If illegal information is found, the transmission should be stopped immediately, and disposal measures such as erasure should be taken to prevent the information from spreading, keep relevant records, and report to the cyberspace administration and relevant departments. If bad information is found, it shall be dealt with in accordance with the relevant regulations on the ecological governance of network information content.
Article 10 Algorithm recommendation service providers shall strengthen the management of user models and user tags, improve the rules for points of interest recorded in user models and management rules for user tags, and shall not record illegal and bad information keywords into points of interest of users or as user tags and to deliver information.
Article 11 Algorithm recommendation service providers should strengthen the ecological management of algorithm recommendation service page pages, establish and improve mechanisms for manual intervention and user self-selection, and actively focus on key links such as the first screen on the home page, popular searches, selections, list categories, and pop-up windows. Present information that conforms to the mainstream value orientation.
Article 12 Algorithm recommendation service providers are encouraged to comprehensively use strategies such as content de-duplication and scattered intervention, and optimize the transparency and explainability of rules such as retrieval, sorting, selection, push, and display, so as to avoid adverse effects on users and prevent and reduce disputes.
Article 13 Algorithm recommendation service providers who provide Internet news information services shall obtain Internet news information service licenses in accordance with the law, standardize the development of Internet news information collection, compilation and release services, reprint services, and dissemination platform services, and must not generate synthetic false news information, and must not disseminate News information released by units that are not within the scope of national regulations.
Article 14 Algorithm recommendation service providers shall not use algorithms to falsely register accounts, illegally trade accounts, manipulate user accounts, or falsely like, comment, and forward, and shall not use algorithms to block information, over-recommend, manipulate lists, or sort and control search results. Presentation of intervening information such as popular searches or selected selections, and implementation of behaviors that affect online public opinion or evade supervision and management.
Article 15 Algorithm recommendation service providers shall not use algorithms to impose unreasonable restrictions on other Internet information service providers, or hinder or destroy the normal operation of the Internet information services they legally provide, and conduct monopoly and unfair competition.
Chapter III Protection of User Rights and Interests
Article 16 Algorithm recommendation service providers shall inform users of their provision of algorithm recommendation services in a prominent manner, and publicize the basic principles, purpose, and main operating mechanism of algorithm recommendation services in an appropriate manner.
Article 17 Algorithm recommendation service providers shall provide users with options that do not target their personal characteristics, or provide users with a convenient option to turn off the algorithm recommendation service. If the user chooses to close the algorithm recommendation service, the algorithm recommendation service provider shall immediately stop providing relevant services.
Algorithm recommendation service providers should provide users with the function of selecting or deleting user tags for their personal characteristics used in algorithm recommendation services.
If an algorithm recommendation service provider's application of an algorithm has a significant impact on the rights and interests of users, it shall explain it in accordance with the law and bear corresponding responsibilities.
Article 18 Algorithm recommendation service providers who provide services to minors shall fulfill their obligations to protect minors online in accordance with the law, and facilitate Minors obtain information beneficial to their physical and mental health.
Algorithm recommendation service providers shall not push information to minors that may cause minors to imitate unsafe behaviors and behaviors that violate social morality, or induce minors to have bad habits that may affect the physical and mental health of minors, and shall not use algorithm recommendation services to induce minors to Adults are addicted to the Internet.
Article 19 Algorithm recommendation service providers who provide services to the elderly shall protect the rights and interests enjoyed by the elderly according to the law, fully consider the needs of the elderly for travel, medical treatment, consumption, and handling affairs, and provide intelligent elderly-friendly services in accordance with relevant state regulations. Carry out the monitoring, identification and disposal of information related to telecommunications and network fraud in accordance with the law, and facilitate the safe use of algorithm recommendation services by the elderly.
Article 20 Algorithm recommendation service providers that provide work scheduling services to workers shall protect workers’ legitimate rights and interests in obtaining labor remuneration, rest and vacation, and establish and improve relevant algorithms for platform order allocation, remuneration composition and payment, working hours, rewards and punishments, etc. .
Article 21 Algorithm recommendation service providers who sell goods or provide services to consumers shall protect consumers' right to fair trade, and shall not use algorithms to determine transaction prices and other transaction conditions based on consumer preferences, transaction habits, and other characteristics. Illegal acts such as unreasonable differential treatment.
Article 22 Algorithm recommendation service providers should set up convenient and effective user complaints, public complaints, and reporting portals, clarify the processing process and feedback time limit, and promptly accept, process, and feedback the processing results.
Chapter IV Supervision and Management
Article 23 The network information department, in conjunction with telecommunications, public security, market supervision, and other relevant departments, establishes a security management system for algorithm classification and classification, based on the public opinion attributes or social mobilization capabilities of algorithm recommendation services, content categories, user scale, and algorithm recommendation technology. The degree of importance, the degree of intervention in user behavior, etc. implement hierarchical and classified management of algorithm recommendation service providers.
Article 24 Algorithm recommendation service providers with public opinion attributes or social mobilization capabilities shall fill in the service provider’s name, service form, application field, Algorithm type, algorithm self-assessment report, content to be publicized and other information, go through the filing procedures.
If the filing information of the algorithm recommendation service provider changes, it shall go through the modification procedures within ten working days from the date of the modification.
If the algorithm recommendation service provider terminates the service, it shall go through the cancellation filing procedures within 20 working days from the date of terminating the service, and make proper arrangements.
Article 25 After the national and provincial, autonomous region, and municipal network information departments receive the filing materials submitted by the filing person, if the materials are complete, they shall file for the record within 30 working days, issue the filing number and make a public announcement; if the materials are incomplete If not, the filing shall not be made, and the filing party shall be notified within 30 working days and the reasons shall be explained.
Article 26 Algorithm recommendation service providers that have completed the filing shall indicate their filing number and provide a link to the public information in a prominent position on the website, application, etc. that they provide services to the outside world.
Article 27 Algorithm recommendation service providers with public opinion attributes or social mobilization capabilities shall conduct security assessments in accordance with relevant state regulations.
Article 28: The network information department, together with telecommunications, public security, market supervision and other relevant departments, conducts security assessments and supervision and inspections of algorithm recommendation services in accordance with the law, and promptly puts forward rectification opinions on problems found and rectifies them within a time limit.
Algorithm recommendation service providers shall keep network logs in accordance with the law, cooperate with network information departments and telecommunications, public security, market supervision and other relevant departments to carry out security assessment and supervision and inspection work, and provide necessary technical, data and other support and assistance.
Article 29 Relevant institutions and personnel involved in the security assessment and supervision and inspection of algorithm recommendation services shall keep personal privacy, personal information, and business secrets known in the performance of their duties confidential in accordance with the law, and shall not disclose or illegally provide them to others.
Article 30 Any organization or individual who discovers violations of these regulations may complain and report to the cyberspace administration and relevant departments. Departments that receive complaints and reports shall deal with them in a timely manner according to law.
Chapter V Legal Responsibilities
Article 31 Algorithm recommendation service providers who violate Articles 7, 8, Paragraph 1 of Article 9, Article 10, Article 14, Article 16, Article 17, and Article 20 of these Provisions Article 2, Article 24, and Article 26 stipulate that if there are provisions in laws and administrative regulations, the provisions shall be followed; Give warnings, circulate criticisms according to duties, and order corrections within a time limit; if corrections are refused or the circumstances are serious, order to suspend information updates, and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan. If it constitutes a violation of public security management, it shall be punished according to law; if it constitutes a crime, it shall be investigated for criminal responsibility according to law.
Article 32 Algorithm recommendation service providers who violate Article 6, Article 9, Paragraph 2, Article 11, Article 13, Article 15, Article 18, Article 19, and Article 18 of these Provisions Article 20, Article 21, Article 27, and Paragraph 2 of Article 28 shall be governed by the cybersecurity and informatization departments and relevant departments of telecommunications, public security, market supervision, etc. in accordance with their duties and in accordance with relevant laws and administrative regulations. It shall be dealt with according to the provisions of departmental regulations.
Article 33 If an algorithm recommendation service provider with public opinion attributes or social mobilization capabilities obtains filings through improper means such as concealing relevant information and providing false materials, the state and provinces, autonomous regions, and municipalities' network information departments shall revoke the filings and impose penalties. Warning, notice of criticism; if the circumstances are serious, order to suspend information update, and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan.
Algorithm recommendation service providers with public opinion attributes or social mobilization capabilities terminate their services without going through the cancellation and filing procedures in accordance with the requirements of Article 24, paragraph 3 of these regulations, or are ordered to close their websites, revoke relevant business licenses, or revoke their Business licenses and other administrative penalties shall be canceled and filed by the cybersecurity and informatization departments of the country, provinces, autonomous regions, and municipalities directly under the Central Government.
Chapter VI Supplementary Provisions
Article 34 These regulations are interpreted by the State Internet Information Office 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 regulations shall come into force on March 1, 2022.