Legal Analysis of Publisher and Conspirator Liability in Algorithmic Content Recommendation Mechanisms

The widespread application of algorithm recommendation technology has reshaped the way information is transmitted in the digital age, but it has also triggered a new legal dispute that internet service providers bear joint and several liability for the transmission of illegal content. This study focused on the three jurisdictions of the United States, Europe, and China, systematically sorted out the judicial judgment criteria of the platform's duty of care using the literature search method, and analyzed the correlation between the determination of algorithm parameters and the liability risk combined with simulated empirical experiments. The study found that there are significant differences in the application of the "technology neutrality principle" in different jurisdictions: the European Union established a hierarchical accountability mechanism based on the Digital Services Act, the United States used Section 230 of the Communications Decency Act to grant platforms broad immunity, and Chinese judicial authorities strengthened platform censorship obligations through a broad interpretation of the "red flag rule." The research suggests building a "three-in-one" regulatory framework of "algorithm filing + dynamic compliance + proportional liability" to balance the needs of technological innovation and public interest protection.

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Publication Details

Journal
Lecture Notes in Education Psychology and Public Media
Published
2025-05-19
DOI
https://doi.org/10.54254/2753-7048/2025.23096
Primary Topic
Medical Research and Treatments
Type
article
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article

Legal Analysis of Publisher and Conspirator Liability in Algorithmic Content Recommendation Mechanisms

Xiaofeng Cheng, Qiuying Yao
Lecture Notes in Education Psychology and Public Media
Medical Research and Treatments
article

Legal Analysis of Publisher and Conspirator Liability in Algorithmic Content Recommendation Mechanisms

Xiaofeng Cheng, Qiuying Yao
article en

Abstract

The widespread application of algorithm recommendation technology has reshaped the way information is transmitted in the digital age, but it has also triggered a new legal dispute that internet service providers bear joint and several liability for the transmission of illegal content. This study focused on the three jurisdictions of the United States, Europe, and China, systematically sorted out the judicial judgment criteria of the platform's duty of care using the literature search method, and analyzed the correlation between the determination of algorithm parameters and the liability risk combined with simulated empirical experiments. The study found that there are significant differences in the application of the "technology neutrality principle" in different jurisdictions: the European Union established a hierarchical accountability mechanism based on the Digital Services Act, the United States used Section 230 of the Communications Decency Act to grant platforms broad immunity, and Chinese judicial authorities strengthened platform censorship obligations through a broad interpretation of the "red flag rule." The research suggests building a "three-in-one" regulatory framework of "algorithm filing + dynamic compliance + proportional liability" to balance the needs of technological innovation and public interest protection.

Lecture Notes in Education Psychology and Public MediaVol. 95(1)
Chinese University of Hong Kong (HK), UNSW Sydney (AU)
Openalex Percentile: Top 83%
Medical Research and Treatments
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Legal Analysis of Publisher and Conspirator Liability in Algorithmic Content Recommendation Mechanisms — Xiaofeng Cheng, Qiuying Yao · Lecture Notes in Education Psychology and Public Media (2025) | TGRS Research Map | TGRS