중국 알고리즘 거버넌스에 관한 소고 - 「인터넷 정보 서비스 알고리즘 추천 관리 규정」을 중심으로 -

Abstract

The growth of China's digital economy has been led by Big Tech companies such as Baidu, Alibaba, and Tencent. Recently, those companies have been avoiding business models that can coexist with small and medium-sized enterprises on their platform, and then they are aiming for a business model that can only grow alone. That way, it is pointed out that the polarization is deepening. As a result, the Chinese authorities began to respond with policies such as anti-monopoly regulations on Big Tech. In a situation like this, a new set of 「Regulation on Internet Information Service Algorithmic Recommendation Management」(hereinafter ‘「Regulation」’) will come into effect on March 1, the Cyberspace Administration of China, Ministry of Industry and Information Technology, Ministry of Public Security of the PRC, State Administration for Market Regulation announced on Jan 4. 「Regulation」 was enacted to standardize algorithm recommendation activities related to Internet information service, promote the core values of socialism, protect the legitimate rights and interests of citizen, legal person, and other organization, promote the healthy development of Internet information services. 「Regulation」 along with 「Cybersecurity Law」, 「Data Security Law」, 「Personal Information Protection Law」 and 「Regulation on Internet Information Service」 will play a major role in developing algorithm governance in China. On December 15, 2020, the EU released the 「Digital Market Act (draft)」 to improve the monopoly structure of Big Tech. On June 11, 2021, the US issued five bills to regulate anti-competitive behavior in Big Tech. As such, regulations on Big Tech have become a hot issue worldwide. With the enforcement of the 「Regulation」, it is expected that the Chinese authorities, who were dissatisfied with Big Tech's reckless business expansion, will begin to control Big Tech in earnest. Since each country is in a different position, the degree of regulation on Big Tech can vary. However, after the enforcement of the 「Regulation」, there is a possibility to study the effect on Big Tech through algorithm regulation and apply it to the domestic Big Tech regulatory policy. In this article, the 「Regulation」 consisting of a total of 6 chapters(‘Chapter 1 General Provisions’, ‘Chapter 2 Information Service Regulations’, ‘Chapter 3 Protection of Users’ Rights and Interests’, ‘Chapter 4 Supervision and Management’, ‘Chapter 5 Legal Responsibilities’, ‘Chapter 6 Supplementary Provisions’) and 35 articles have been examined by dividing them into chapters. Through this, the role and status of 「Regulation」 were analyzed in detail, and then characteristics were derived by synthesizing the evaluation of experts in China on 「Regulation」. It was intended to provide a basis for future algorithmic governance research.