The Identification Scope of Duty of Care of Network Service Providers in the Algorithm Recommendation Era

Abstract

In the era of algorithm recommendation, the Internet has experienced major realistic changes such as "technology neutrality" and "technology cannot", which leads to inevitable changes in the duty of care of Internet service providers. The identification of the scope of the duty of care has become an important focus of dispute in infringement cases of Internet service providers, and the court has exercised its discretion. At present, the scope of the duty of care in Chinas legislation still has some deficiencies, such as low level of legal effect and vague definition standard, and there are also great disputes in the handling of practical cases. Considering the influence of the platform strength, the completeness of the notice and other factors, the scope of the duty of care should be appropriately increased according to the specific case in the infringement litigation of network service providers, and it should be distinguished from the duty of review. Starting from judicial practice, this paper suggests that the current duty of care be refined: according to the time stage of the case, the duty of care is divided into before, during and after, and the duty of care of the platform is appropriately improved in each link.