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.
EXPRESSING GRATITUDE: Without its Taiwanese partners which are ‘working around the clock,’ Nvidia could not meet AI demand, CEO Jensen Huang said Taiwan Semiconductor Manufacturing Co (TSMC, 台積電) and US-based artificial intelligence (AI) chip designer Nvidia Corp have partnered with each other on silicon photonics development, Nvidia founder and CEO Jensen Huang (黃仁勳) said. Speaking with reporters after he met with TSMC chairman C.C. Wei (魏哲家) in Taipei on Friday, Huang said his company was working with the world’s largest contract chipmaker on silicon photonics, but admitted it was unlikely for the cooperation to yield results any time soon, and both sides would need several years to achieve concrete outcomes. To have a stake in the silicon photonics supply chain, TSMC and
SILICON VALLEY HUB: The office would showcase Taiwan’s strengths in semiconductors and artificial intelligence, and help Taiwanese start-ups connect with global opportunities Taiwan has established an office in Palo Alto, one of the principal cities of Silicon Valley in California, aimed at helping Taiwanese technology start-ups gain global visibility, the National Development Council said yesterday. The “Startup Island Taiwan Silicon Valley hub” at No. 299 California Avenue is focused on “supporting start-ups and innovators by providing professional consulting, co-working spaces, and community platforms,” the council said in a post on its Web site. The office is the second overseas start-up hub established by the council, after a similar site was set up in Tokyo in September last year. Representatives from Taiwanese start-ups, local businesses and
‘DETERRENT’: US national security adviser-designate Mike Waltz said that he wants to speed up deliveries of weapons purchased by Taiwan to deter threats from China US president-elect Donald Trump’s nominee for US secretary of defense, Pete Hegseth, affirmed his commitment to peace in the Taiwan Strait during his confirmation hearing in Washington on Tuesday. Hegseth called China “the most comprehensive and serious challenge to US national security” and said that he would aim to limit Beijing’s expansion in the Indo-Pacific region, Voice of America reported. He would also adhere to long-standing policies to prevent miscalculations, Hegseth added. The US Senate Armed Services Committee hearing was the first for a nominee of Trump’s incoming Cabinet, and questions mostly focused on whether he was fit for the
SHARED VALUES: The US, Taiwan and other allies hope to maintain the cross-strait ‘status quo’ to foster regional prosperity and growth, the former US vice president said Former US vice president Mike Pence yesterday vowed to continue to support US-Taiwan relations, and to defend the security and interests of both countries and the free world. At a meeting with President William Lai (賴清德) at the Presidential Office in Taipei, Pence said that the US and Taiwan enjoy strong and continued friendship based on the shared values of freedom, the rule of law and respect for human rights. Such foundations exceed limitations imposed by geography and culture, said Pence, who is visiting Taiwan for the first time. The US and Taiwan have shared interests, and Americans are increasingly concerned about China’s
RSS