Online platforms that have more than 2.3 million active users would be declared “designated online platform operators” and required to disclose their recommendation algorithms in user service agreements, the draft digital intermediary service act (數位中介服務法草案) approved yesterday by the National Communications Commission (NCC) says.
Previously known as the “digital communications draft act,” the formulation of the bill references the EU Digital Services Act, which the European Parliament passed in April.
Like the EU Digital Services Act, the draft act regulates digital intermediary service providers, NCC Deputy Chairman and spokesman Wong Po-tsung (翁柏宗) told reporters at a weekly news conference, adding that the new title more accurately reflects the content of the proposed law.
Photo: Yang Chin-chieh, Taipei Times
The draft act defines “digital intermediary service providers” as those providing Internet connection, caching and data storage services, Wong said.
Data storage service providers are further divided into “online platform operators” and “designated online platform operators,” he said.
The proposed act, which consists of 11 articles, stipulates that all digital intermediary service providers are obligated to disclose names of representatives and their contact information in Taiwan, and that overseas service providers must be represented by a local agent.
In addition to publishing user agreements and annually producing a transparency report, service providers are obligated to offer information on users following rulings by a court or administrative agency.
They should also follow court-issued restraining orders or emergency restraining orders to remove illegal content and disinformation, the commission said.
All digital intermediary service providers must also record the court rulings, administrative rulings and restraining orders they have received in a database, the draft act says.
However, the draft act imposes special obligations on online platform operators and designated online platform operators, on top of those laid out for all digital intermediary service providers.
Aside from taking down illegal content when notified, they must notify users when their content has been removed or their access to platforms have been restricted, the draft act says.
“Online platform operators would be asked to produce a more detailed transparency report, which includes consumer complaints and other relevant data,” NCC section head Liu Chia-chi (劉佳琪) said. “It should offer a system for users to dispute content that has been removed or a service that has been suspended or terminated, as well as provide a third-party arbitration mechanism to settle disputes.”
They are obligated to prevent users from repeatedly posting illegal content, disclose the information of sellers and advertisers on their platforms, and give priority to complaints filed by certified content informants, she said.
They must also disclose the algorithm that determines the placement of advertisement, she said.
Designated online platforms, which refer to those that have more than 2.3 million active users in Taiwan, must meet four more obligations, she said.
“Each year, they must analyze and assess major systematic risks facing the platforms, such as dissemination of illegal content, and then address the risks using reasonable, proportional and effective measures,” Liu said. “In addition, they must disclose their recommendation algorithms in user agreements, including how they will affect users and whether users are allowed to adjust the algorithms.”
Those that fail to meet any of the four obligations would be fined between NT$1 million and NT$10 million (US$33,690 and US$336,904), the commission said.
The draft act also authorizes the commission to continue fining operators until they meet their obligations, or to terminate their services if they repeatedly refuse to comply with the regulations.
The NCC can require designated platform operators to undergo an independent audit, and operators must submit the audit report to the commission, Liu said.
Asked whether the draft act would regulate platforms such as the Professional Technology Temple (PTT) bulletin board, Wong said it is a non-profit platform, and is different from YouTube and Facebook.
The commission will list the “designated online platform” after the draft act is approved by the legislature, Wong added.
Chinese short-video hosting service Tik Tok is subject to regulations of the Act Governing Relations Between the People of the Taiwan Area and the Mainland Area (兩岸人民關係條例), he said.
Tropical Storm Usagi strengthened to a typhoon yesterday morning and remains on track to brush past southeastern Taiwan from tomorrow to Sunday, the Central Weather Administration (CWA) said yesterday. As of 2pm yesterday, the storm was approximately 950km east-southeast of Oluanpi (鵝鑾鼻), Taiwan proper’s southernmost point, the CWA said. It is expected to enter the Bashi Channel and then turn north, moving into waters southeast of Taiwan, it said. The agency said it could issue a sea warning in the early hours of today and a land warning in the afternoon. As of 2pm yesterday, the storm was moving at
UPDATED FORECAST: The warning covered areas of Pingtung County and Hengchun Peninsula, while a sea warning covering the southern Taiwan Strait was amended The Central Weather Administration (CWA) at 5:30pm yesterday issued a land warning for Typhoon Usagi as the storm approached Taiwan from the south after passing over the Philippines. As of 5pm, Usagi was 420km south-southeast of Oluanpi (鵝鑾鼻), Taiwan proper’s southernmost tip, with an average radius of 150km, the CWA said. The land warning covered areas of Pingtung County and the Hengchun Peninsula (恆春), and came with an amended sea warning, updating a warning issued yesterday morning to cover the southern part of the Taiwan Strait. No local governments had announced any class or office closures as of press time last night. The typhoon
DISCONTENT: The CCP finds positive content about the lives of the Chinese living in Taiwan threatening, as such video could upset people in China, an expert said Chinese spouses of Taiwanese who make videos about their lives in Taiwan have been facing online threats from people in China, a source said yesterday. Some young Chinese spouses of Taiwanese make videos about their lives in Taiwan, often speaking favorably about their living conditions in the nation compared with those in China, the source said. However, the videos have caught the attention of Chinese officials, causing the spouses to come under attack by Beijing’s cyberarmy, they said. “People have been messing with the YouTube channels of these Chinese spouses and have been harassing their family members back in China,”
At least 35 people were killed and dozens more injured when a man plowed his car into pedestrians exercising around a sports center in the southern Chinese city of Zhuhai on Monday night. Footage showing bodies lying on the pavement appeared on social media in the hours after the crash, but had vanished by early Tuesday morning, and local police reported only “injuries.” It took officials nearly 24 hours to reveal that dozens had died — in one of the country’s deadliest incidents in years. China heavily monitors social media platforms, where it is common for words and topics deemed
RSS