Opening the ‘black box’ of algorithms: regulation of algorithms in China

Abstract

ABSTRACT This article maps the trajectory of China’s regulation of algorithms via policy review. It divides China’s governing progress into three phases: the ‘post-event policy response and penalty’ phase, the ‘ethics guidelines, guiding opinions and self-discipline pacts’ phase and the ‘legislation and implementation’ phase. The paper argues that the ideological and political implications of algorithmic applications are the highest concern for Chinese regulators. China’s regulation of algorithms follows a ‘state-centric multilateral model’ – the same model used for its internet governance. The ‘algorithmic transparency’ advocated by regulators is currently only limited to algorithms in the platform economy and industries rather than those used for government decision-making and public administration. As the first nation to issue laws regulating algorithms and generative AI, China faces problems and challenges emerging from further implementing the laws. China’s experience will provide valuable first-hand understandings for countries currently creating legal frameworks to regulate algorithms and AI.