Research On Application Risk And Governance Of Algorithm Media Platform

In recent years,the continuous expansion of cyberspace,the iterative update of artificial intelligence technology and the rapid rise of platform economy have not only further released the dividends of science and technology and data,but also promoted the revolutionary reshaping of social and economic models and structures,and also potentially expanded the risks and hazards of science and technology "Leviathan".Facing the modern society characterized by scientific and technological risks,especially the impact of isomorphism between network virtual space and real physical space on existing institutions,systems and theories,platform governance has become the focus of network social governance with the prominent problems of platform economic monopoly,algorithm application risk,personal information protection,data security compliance and so on.As a typical application of network platform,the algorithmic media platform takes the application risks of algorithmic media platform as the research object,and studies the problems faced by the current platform governance from the perspective of network and information rule of law,which is conducive to deepening the theory and practice of network platform governance and improving the comprehensive network governance ability.In view of this,how to explain the theory and practice of network platform governance,including algorithmic media platform,from the basic theory of law,combined with the current institutional normative framework,is a beneficial exploration that should be made by the current network and information rule of law as a new research field of law.This paper aims to analyze the risk management of algorithmic media platform against the background of modern risk society.What is the application risk of algorithmic media platform? The current situation of applying risk management system in algorithmic media platform and what practical problems exist? What is the interactive game between the power of algorithmic media platform and other powers(interests)and why has it become the focus of risk management? How to embed inclusive governance into the platform application risk governance system and optimize the design? These constitute the core problems that this paper tries to solve.The writing structure of this study is mainly composed of five chapters,and the contents of each chapter are arranged as follows.The first chapter is the interpretation of core concepts such as algorithmic media platform and its application risks.Based on the background of the transformation from Web1.0 to Web4.0,this paper explains the development of platform and the transformation of information dissemination mode,and puts forward that algorithmic media platform refers to the network information content dissemination platform which takes algorithm and its architecture as the core driver and basic carrier,and realizes the bidirectional adaptation between information intelligent distribution and digital economy development through the embedded application of algorithm technology in the whole process of data collection,association,analysis,filtering,processing and pushing.It can be divided into two types: social communication and information communication,which are characterized by data-based communication ontology,intelligent communication mode and commercialization of communication value.On this basis,the algorithmic media platform is introduced into the background of modern risk society,and the development of algorithmic media platform not only expands people's lives,but also brings many risks.However,with the continuous coupling between cyberspace and real space,the dynamic development of "network" and the massive accumulation of "data",the application risk of algorithmic media platform gradually appears and becomes one of the important types of scientific and technological risks faced by modern society.This kind of risk is the potential harm and adverse impact on users and society under the condition of the combination of algorithm technology and media platform,which reflects the characteristics of difficult perception,high correlation and rapid evolution of risks.Therefore,from the aspects of algorithm erosion,algorithm training,algorithm guidance and algorithm domination,we can understand how the algorithm media platform infringes on users' personal information rights and interests,thus continuously strengthening its own information hegemony and dispelling the publicity of the media,which also potentially aggravates the rise of monitoring capital.The second chapter is the investigation and analysis of the current application risk management situation of algorithmic media platform.In today's era of artificial intelligence,digital economy and big data superposition and isomorphism,the platform subject provides a legitimate basis for the generation of its power from the aspects of social legitimacy and legal legitimacy with the help of big data,algorithms,algorithm architecture and user authorization.However,the rapid rise of platform power has also impacted the traditional risk management.Risk management of platform application can be divided into three levels: legal regulation,platform self-regulation and social regulation.From the perspective of regulatory space theory,although these three regulatory methods play different important roles in preventing platform application risks based on different regulatory resources,the existing institutional system fails to effectively adjust and integrate these three regulatory methods,resources and capabilities.From the perspective of legal regulation,the current legal norms related to the platform reflect that the legislative level is low,and many key content provisions are intertwined and too general and vague,which is not conducive to guiding and solving judicial cases in practice.Especially under the pressure-based supervision system,there are some conflicts between the result-oriented supervision concept,the movement-oriented supervision mode and the legalization and standardization of risk management.From the perspective of platform self-regulation,although this regulation method can effectively deal with the problems of insufficient government regulation capacity and scattered regulation resources under the background of multiple overlapping in the era of big data,digital economy and artificial intelligence.However,the deviation of the platform rules and the dual identity of the platform as the market private subject to organize new productivity and the governance subject to undertake public governance will produce a negative diffraction effect in practice,which makes it difficult for the platform to effectively self-regulate.At the level of social regulation,at present,China's online media industry lacks standardized,specialized and systematic trade associations to play their due supervisory and governance functions,especially the independent third party has not yet been established to participate in risk management,thus constraining the release of social regulation resources.The third chapter explains the power of algorithmic media platform and why it has become the focus of platform application risk management system.The rise of platform power not only has a subversive impact on real life,but also aggravates the difficulty of scientific and technological risk management,and impacts and shapes the existing legal system and theoretical system: the logic of power(benefit)restriction and protection under the traditional dual legal structure of state and society is gradually subverted,realizing the transformation from "power-responsibility" to "technologyability-responsibility",and changing the traditional right logic of human rights realization and protection,which promotes the emergence of digital human rights However,from the perspective of the interaction between platform power,government public power and users' private rights,platform power escapes the review of government public power to a certain extent based on platform rules,and constantly squeezes the extension space of public power;And through the mechanism of "user account weight" and "consent-entry",the discipline of user behavior and the capture of user data are realized.However,while the power of algorithmic media platform is growing with capital accumulation and technological innovation,it may deviate from the public interest and cross the legal red line,resulting in the risk of illegally squeezing the power space of government public power and infringing on users' private rights.It has become a "Leviathan" that can threaten the existing system in the digital economy era,and aggravates the harmful consequences of the above-mentioned risks.The fourth chapter puts forward the inclusive governance theory and its chimerism with the application risk governance system of algorithmic media platform.Traditional science and technology risk regulation overemphasizes the dualistic division of science(instrumental rationality)and democracy(value rationality),and this "either-or" regulation logic is difficult to meet the needs of legitimacy and rationality of risk governance,which is typified by the application risk of algorithmic media platform under the background of modern risk society.Inclusive governance theory is gradually developed under the background that the traditional monistic regulation system with administrative organization as the core deals with the deficiency of risk society,which realizes the integration of value rationality in inclusive growth and technical rationality in social governance theory.This theory presents a logical framework of subject pluralism,process interaction and power(benefit)restriction.It emphasizes the establishment of integrated risk concept to realize the communicative rationality among different subjects,and promotes equal communication and consultation among different subjects,expands inclusive space and enhances the flexibility of governance system through the procedure of "communication-consultation",thus ensuring the practical effect of inclusive governance in risk governance.The integration of inclusive governance theory into platform application risk governance system can not only promote the balance of power(benefit)allocation of governance subjects and provide institutional space for power(benefit)interaction,but also help the government to play a better role of "meta-governance",realize the guidance of platform self-regulation and enhance the flexibility of platform application risk governance system.The fifth chapter is the specific response to the problems in the application of risk management in algorithmic media platform.Based on the investigation of the present situation of platform application risk management system,combined with the relevant contents of inclusive governance theory,this paper responds to the problems from three levels of platform legal regulation,self-regulation and social regulation,and explores the specific path of its optimization and improvement.At the level of legal regulation,it is necessary to follow the idea of inclusive governance under holism to construct institutional norms,especially in the special legislation for algorithmic media platform.It is necessary to take the prevention of platform application risks as the basic orientation,pay attention to the adjustment of legislative objectives and methods,and realize the orderly connection among platform application risk governance,algorithmic governance and data governance,so as to promote the transformation from traditional pressure-based regulatory system to inclusive and prudent governance system.At the same time,the user's private rights are directly strengthened by configuring the algorithm interpretation right,so as to enhance the platform's sense of responsibility and ease the conflict between power and benefit.At the level of platform self-regulation,on the basis of following the principles of proper guidance,legitimacy of program embedding and rule setting,the adaptation between legal norm control and science and technology application system should be realized by strengthening the procedural guidance of platform self-regulation and building an accountability system led by the government and developed with multi-participation.At the level of social regulation,a special and independent third-party supervision organization is established to supervise the behavior of the platform in all directions.By including universal benefits as the core,making institutional arrangements,improving the ethics of the platform subject and building people-centered algorithmic ethics,the idea of science and technology being good can be embedded into the platform application risk management system,thus overcoming the fragmentation of cyberspace governance resources and enhancing the synergy of different regulation modes.