National Internet Information Office
Ministry of Industry and Information Technology of the People's Republic of China
Ministry of Public Security of the People's Republic of China
State Administration for Market Regulation
Zhuang Rongwen, Director of the National Internet Information Office
Xiao Yaqing, Minister of Industry and Information Technology
Minister of Public Security Zhao Kezhi
Zhang Gong, director of the State Administration for Market Regulation
April 2021, 12
Provisions on the Administration of Algorithm Recommendations for Internet Information Services
Chapter XNUMX General
Article XNUMX In order to regulate the algorithm recommendation activities of Internet information services, promote the core socialist 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 "People's Republic of China Cybersecurity These Provisions are formulated in accordance with laws and administrative regulations such as the 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.
Second The provision of Internet information services (hereinafter referred to as algorithm recommendation services) by applying algorithm recommendation technology within the territory of the People's Republic of China shall apply to these Provisions.Where laws and administrative regulations provide otherwise, such provisions shall be followed.
The term "application algorithm recommendation technology" as mentioned in the preceding paragraph refers to the use of algorithmic technologies such as generation and synthesis, personalized push, sorting and selection, retrieval and filtering, and scheduling decision-making to provide information to users.
Article 3 The national network information department is responsible for coordinating and coordinating the 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 shall be responsible for the supervision and management of algorithm recommendation services according to their respective responsibilities.
The local network information department is responsible for coordinating and coordinating the algorithm recommendation service governance and related supervision and management within its administrative region.Local telecommunications, public security, market supervision and other relevant departments shall be responsible for the supervision and management of algorithm recommendation services within their respective 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.
The fifth Encourage relevant industry organizations to strengthen industry self-discipline, establish and improve industry standards, industry guidelines, and self-discipline management systems, urge and guide algorithm recommendation service providers to formulate and improve service standards, provide services in accordance with the law, and accept social supervision.
Chapter II Information Service Specification
Article XNUMX 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.
Algorithmic recommendation service providers shall not use algorithmic 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 algorithmic recommendation services to disseminate laws and administrative regulations. information, measures should be taken to prevent and resist the dissemination of bad information.
Article XNUMX Algorithm recommendation service providers shall implement the main responsibility of algorithm security, establish and improve algorithm mechanism mechanism review, technology ethics review, user registration, information release review, data security and personal information protection, anti-telecommunication network fraud, security assessment monitoring, and emergency response to security incidents and other management systems and technical measures, formulate and publish relevant rules for algorithmic recommendation services, and provide professionals and technical support that are commensurate with the scale of algorithmic recommendation services.
eighth Algorithm recommendation service providers shall regularly review, evaluate, and verify algorithm mechanisms, models, data, and application results, etc., and shall not set up algorithm models that induce users to indulge in addiction, excessive consumption, etc. that violate laws and regulations or violate ethics.
Article XNUMX 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 an algorithm that has not been markedly marked generates synthetic information, it shall be marked with a marked mark before continuing to transmit.
If illegal information is discovered, it should immediately stop transmission, take disposal measures such as elimination, prevent the spread of information, keep relevant records, and report to the network information department and relevant departments.If bad information is found, it shall be dealt with in accordance with the relevant regulations on ecological governance of network information content.
Article XNUMX Algorithmic 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 the management rules for user tags, and shall not record illegal and bad information keywords in user points of interest or as user tags and push them accordingly. information.
Article XNUMX Algorithmic recommendation service providers should strengthen the ecological management of the algorithmic recommendation service page, establish and improve the mechanism for manual intervention and user self-selection, and actively present mainstream values in key links such as the first screen of the homepage, hot searches, selections, lists, and pop-up windows. oriented information.
Article XNUMX Encourage algorithm recommendation service providers to comprehensively use strategies such as content de-duplication and distraction intervention, and optimize the transparency and interpretability of retrieval, sorting, selection, push, and display rules to avoid adverse effects on users and prevent and reduce disputes. .
Article XNUMX Algorithm recommendation service providers that provide Internet news information services shall obtain Internet news information service licenses in accordance with the law, and standardize the development of Internet news information collection, editing and publishing services, reprinting services, and dissemination platform services, and shall not generate synthetic fake news information, and shall not disseminate information not within the scope prescribed by the state. news information released by the unit.
Article XNUMX Algorithmic recommendation service providers shall not use algorithms to falsely register accounts, illegal transaction accounts, manipulate user accounts, or falsely like, comment, or forward, and shall not use algorithms to block information, over-recommend, manipulate lists, or sort search results, or control hot searches or fine-tuned search results. Interfering with the presentation of information such as elections, and implementing behaviors that influence online public opinion or evade supervision and management.
Article XNUMX Algorithm recommendation service providers shall not use algorithms to unreasonably restrict other Internet information service providers, or obstruct or destroy the normal operation of the Internet information services legally provided by them, and implement acts of monopoly and unfair competition.
Chapter XNUMX Protection of User Rights and Interests
Article XNUMX Algorithmic recommendation service providers shall inform users in a conspicuous manner of their provision of algorithmic recommendation services, and publicize the basic principles, purposes, and main operating mechanisms of algorithmic recommendation services in an appropriate manner.
Article XNUMX 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.
The algorithmic recommendation service provider should provide users with the function of selecting or deleting user tags for their personal characteristics for the algorithmic recommendation service.
If the algorithm recommendation service provider's application of the algorithm has a significant impact on the rights and interests of users, it shall explain and bear corresponding responsibilities according to law.
Article XNUMX Algorithmic recommendation service providers who provide services to minors shall perform their obligations to protect the network of minors in accordance with the law, and facilitate minors to obtain access by developing models suitable for use by minors and providing services suitable for the characteristics of minors. Information for health and wellbeing.
Algorithmic recommendation service providers shall not push information to minors that may cause minors to imitate unsafe behaviors, violate social morality, induce minors’ bad habits, etc. that may affect the physical and mental health of minors, and shall not use algorithmic recommendation services to induce unsafe behaviors. Adults are addicted to the Internet.
Article XNUMX Algorithms recommending service providers to provide services to the elderly shall protect the rights and interests enjoyed by the elderly in accordance with the law, fully consider the needs of the elderly for travel, medical treatment, consumption, and errands, provide intelligent elderly-friendly services in accordance with relevant state regulations, and carry out telecom-related services in accordance with the law. The monitoring, identification and disposal of online fraud information facilitates the safe use of algorithm recommendation services by the elderly.
Article XNUMX When algorithm recommendation service providers provide workers with job scheduling services, they shall protect workers' legitimate rights and interests such as labor remuneration, rest and vacation, and establish and improve relevant algorithms such as platform order distribution, remuneration composition and payment, working hours, rewards and punishments.
Article XNUMX Where algorithm-recommended service providers sell goods or provide services to consumers, they shall protect consumers’ rights to fair transactions, and shall not use algorithms to implement unreasonable differences in transaction prices and other transaction conditions based on consumers’ preferences, transaction habits, and other characteristics Treatment and other illegal acts.
Article XNUMX Algorithmic recommendation service providers shall set up convenient and effective portals for user complaints, public complaints, and reports, clarify processing procedures and time limits for feedback, and accept, handle, and feedback processing results in a timely manner.
Chapter IV Supervision and Administration
Article XNUMX The cybersecurity and informatization department, together with telecommunications, public security, market supervision, and other relevant departments, establishes a system for classifying and classifying safety management of algorithms, based on the public opinion attributes or social mobilization capabilities of algorithm recommendation services, content categories, user scale, the degree of importance of data processed by algorithm recommendation technology, and the impact on users. The level of behavioral intervention, etc., implements hierarchical and classified management for algorithm recommendation service providers.
Article XNUMX Algorithm recommendation service providers with public opinion attributes or social mobilization capabilities shall, within ten working days from the date of providing the service, fill in the service provider's name, service form, application field, algorithm type, and algorithm self-reporting system through the Internet Information Service Algorithm Filing System. The evaluation report, the content to be announced, and other information, go through the filing procedures.
If the filing information of the algorithm recommendation service provider changes, the change procedures shall be completed within ten working days from the date of change.
If the algorithm recommendation service provider terminates the service, it shall go through the cancellation and filing procedures within XNUMX working days from the date of termination of the service, and make appropriate arrangements.
Article XNUMX After receiving the filing materials submitted by the filer, the national and provincial, autonomous region, or municipality directly-governed Internet information departments shall file the materials within XNUMX working days, issue the filing number and make public announcements; if the materials are incomplete, the filing shall not be accepted , and shall notify the filer and explain the reasons within XNUMX working days.
Article XNUMX Algorithmic recommendation service providers that have completed the filing shall mark their filing numbers and provide links to public information in prominent positions on their websites, applications, etc. that provide services to the outside world.
Article XNUMX Algorithmic recommendation service providers with public opinion attributes or social mobilization capabilities shall conduct security assessments in accordance with relevant state regulations.
Article XNUMX The network information department, together with the telecommunications, public security, market supervision and other relevant departments, will carry out security assessment, supervision and inspection of algorithm recommendation services in accordance with the law, and timely provide rectification opinions for problems found and rectify within a time limit.
Algorithm recommendation service providers shall keep network logs in accordance with the law, cooperate with the network information department 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.
Article XNUMX Relevant institutions and personnel participating in the security assessment and supervision and inspection of algorithm recommendation services shall keep personal privacy, personal information and business secrets learned in the performance of their duties confidential in accordance with the law, and shall not disclose or illegally provide them to others.
Article XNUMX Any organization or individual who discovers violations of these regulations may file a complaint or report to the cybersecurity and informatization department and relevant departments.The department that receives the complaint or report shall deal with it in a timely manner according to law.
Chapter V Legal Responsibilities
Article XNUMX Algorithmic recommendation service providers violate Article XNUMX, Article XNUMX, Article XNUMX, Paragraph XNUMX, Article XNUMX, Article XNUMX, Article XNUMX, Article XNUMX, Article XNUMX, Article XNUMX Articles XNUMX and XNUMX stipulate that where laws and administrative regulations have provisions, the provisions shall be followed; where there are no provisions in laws or administrative regulations, the cybersecurity and informatization departments and relevant departments such as telecommunications, public security, and market supervision shall issue warnings, Circulate criticism and order correction within a time limit; if correction is refused or the circumstances are serious, order to suspend information update and impose a fine of not less than XNUMX yuan but not more than XNUMX yuan.If a violation of public security management is constituted, a public security management punishment shall be given according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.
Article XNUMX Algorithmic recommendation service providers violate Article XNUMX, Article XNUMX, paragraph XNUMX, Article XNUMX, Article XNUMX, Article XNUMX, Article XNUMX, Article XNUMX, Article XNUMX, Article XNUMX Article XNUMX, Article XNUMX, and Paragraph XNUMX of Article XNUMX shall be carried out by the cybersecurity and informatization department and relevant departments such as telecommunications, public security, and market supervision according to their duties and in accordance with relevant laws, administrative regulations and departmental rules. be processed.
Article XNUMX Where an algorithm recommendation service provider with public opinion attributes or social mobilization ability obtains the record by concealing relevant information, providing false materials, or other improper means, the national, provincial, autonomous region, or municipal network information department shall revoke the record, give warnings, and circulate criticism; If the circumstances are serious, order to suspend the information update, and impose a fine of not less than XNUMX yuan but not more than XNUMX yuan.
Algorithmic recommendation service providers with public opinion attributes or social mobilization capabilities have terminated their services and failed to go through the cancellation and filing procedures in accordance with the requirements of Article XNUMX, paragraph XNUMX of these regulations, or have been ordered to close their websites, revoke relevant business licenses, or revoke serious violations of the law. Business licenses and other administrative penalties shall be cancelled and filed by the national and provincial, autonomous region, or municipal network and informatization departments.
Chapter VI Supplementary Provisions
Article XNUMX 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 are responsible for the interpretation of these regulations.
Article XNUMX These regulations will come into effect on June 2022, 3.
Article source: http://www.cac.gov.cn/2022-01/04/c_1642894606364259.htm
Purpose of reprinting: To learn and promote relevant regulations, promote the healthy development of the industry, and benefit the general public.