Research On The Infringement Liability Of Algorithm Recommendation News Platform

With the development of Internet platforms and technologies,algorithm recommendation technology is gradually introduced into the field of news dissemination.The basic logic of algorithm recommendation news is to use big data technology to collect news content information,users’ personal network behaviors and social relationships from the Internet,according to " The matching principle of"information and people" pushes users specific news in line with their interests and preferences.Algorithmic recommendation news platform refers to a new network service provider of news-related information services that uses algorithmic recommendation technology in the process of disseminating news.Algorithm-recommended news platforms speed up news dissemination,improve news matching,and meet the public’s demand for fast news reading.At the same time,it has also led to a continuous increase in the number of infringing news and increasing infringement disputes.Due to the intervention of algorithm recommendation technology,the damage results and the scope of influence of infringement news continue to expand through the platform,which is the intermediate link of dissemination.However,the current Chinese law is not clear about the legal positioning of the algorithm recommendation news platform,and it is unclear whether the algorithm recommendation behavior can be determined as the platform "knows or should know" the existence of infringing news and whether the platform should undertake the duty of care for active review..This has led to different judgments in the same case in the trial of the infringement case of the algorithm-recommended news platform in specific judicial practice.In order to better establish and maintain the ecological order of news dissemination in our country,it is necessary to clarify the legal obligations and responsibilities that the algorithm recommends news platforms as the intermediate link of news dissemination,and further analyze the infringement constitution.This article is divided into three parts.The first part mainly defines the algorithm recommendation news platform,which is mainly divided into traditional news media platforms,news aggregation platforms,and social and commercial media platforms involving news information services.On this basis,it discusses the current problems in the determination of infringement liability of the algorithm-recommended news platform,mainly due to the different positioning of legal subjects.The algorithm-recommended news platform seems to provide "technical services",but it also has the function of providing content.Neither publishers nor network service providers can fully cover the algorithmic recommendation news platform.In addition,the rules for the determination of online platform infringement liability are lagging.If the existing infringement liability rules are used to determine the algorithm to recommend news platform infringement,there will be situations where the liability is too heavy or too light.The infringement of the news platform and the type of service and content should be recommended in combination with the algorithm.A specific analysis is made on the composition and determination of its tort liability.The second part specifically analyzes the determination of the infringement liability of the algorithm recommendation news platform.Start with the three major theories of "risk and benefit coexistence","control of damage results","perspective-predict-intervention" and the constituent elements of tort liability,and discuss algorithmic recommended news based on the particularity of the infringement liability of the recommended news platform from general network service providers.The platform should bear the reasonableness and necessity of tort liability.According to the different forms of news infringements recommended by the algorithm and the role of the platform in the infringement,the situations of direct infringement and indirect infringement are divided.Since the focus of current disputes is mostly that when the algorithm recommendation news platform only provides "technical support" as a network service provider,the platform uses algorithm recommendation technology to push infringing news to users,which is a helpful act,and the platform bears indirect infringement liability.Furthermore,it analyzes the indirect infringement liability composition of the algorithm recommendation news platform.Due to the particularity of the algorithm recommendation news platform service content and technical application,when determining its indirect infringement liability,the duty of care and security guarantee obligations of the platform’s prior review should also be considered.,If the platform fails to fulfill this obligation,it shall be deemed to have infringement of omissions and subjective fault,and shall bear indirect tort liability for the expansion of the damage caused by the infringing news.The third part is an analysis of the disputes over the defense of the infringement liability of the algorithm recommended news platform.In the Internet dimension,look at the application of the "notice-delete" principle to new network service providers similar to the algorithm recommendation news platform,and try to change the "notice-delete" from a negative behavior to a positive behavior as a responsibility Alleviate the argument of the cause.In the technical dimension,it analyzed whether the algorithmic recommendation news platform can use "technological neutrality" and "position neutrality" as defense reasons,and concluded that neither the algorithmic recommendation technology nor the platform itself is in a "neutral position".In the dimension of social value,analyze the application of algorithm recommendation news platforms from the perspective of "public interest".The application of algorithm recommendation technology in the news field has a certain positive impact and public value on news dissemination,and the "Civil Code" and "Copyright Law" The relevant clauses involving the defense of news infringement in this article all involve the "public interest".Based on this,the situation of the algorithm recommendation news platform applying "public interest" to the defense is analyzed and judged from the aspects of personality rights and copyright infringement.