BRICS Law Journal (Apr 2023)
The Legal Issue of Deterrence of Algorithmic Control of Digital Platforms: The Experience of China, the European Union, Russia and India
Abstract
The authorities in a number of states are concerned about the need for public disclosure of the recommendation algorithms that are used in online services. The introduction of regulations aimed at software developers is frequently proposed as a potential solution to this problem of algorithm transparency. These requirements, which must be fulfilled by the developers of software products, can be administrative regulations or standards regulations. However, despite these efforts, in the absence of direct legislative regulation, users continue to encounter the possibility that a social network feed or a search service result may present content that is unequal or unclear. This is due to the fact that the logic behind these recommendations is not clear and is concealed by IT giants. The following are among the main provisions of legislative initiatives: the liability of digital platforms to publish the mechanisms of recommendation services, the responsibility to inform the user about the processing of personal data and the possibility for the user to refuse such processing. States have recognized the problem and are approaching it from different positions. Each region chooses what to prioritize in terms of the law. We see that for China and Europe, all areas of platforms are important, whereas for Russia, news platforms and video hosting are of interest and for India, social media is the most important platform category. However, in all of the countries, the requirements for the disclosure of the recommendation engine to a certain extent are expanding. The amount of information that is publicly available as well as the order in which it is disclosed are both variable. This study demonstrates the commonalities and differences in the approaches taken by various countries.
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