The Query on the Pre-Monitoring Obligation of Short Video Platforms

Ziyi Liu ()
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Ziyi Liu: University of International Business and Economics, Faculty of Foreign Languages

A chapter in Proceedings of the 2023 International Conference on Economic Management, Financial Innovation and Public Service (EMFIPS 2023), 2024, pp 913-925 from Springer

Abstract: Abstract Algorithm recommendation brings new dilemmas for the determination of infringement of the right of communication through information network and the issue of whether the pre-monitoring obligation of short video platforms should be regulated has attracted much attention. In iQiyi v. Zijietiaodong Inc., the Chinese court for the first time stated its position on the duty of care of algorithm recommendation operators - a “higher duty of care” should be assumed. A higher duty of care is not the same as an obligation of pre-monitoring. Starting from this case, the article compares horizontally and vertically the attitudes of major Internet countries and regions in the world on the issue of the pre-monitoring obligation, such as the United States, the European Union, and China, and then analyzes the reasons why it is inappropriate to set the pre-monitoring obligation of platforms. Finally, on the premise of not introducing the obligation of pre-monitoring, the article explores the path to increase copyright protection under the existing framework.

Keywords: Algorithm Recommendation; the pre-monitoring obligation; higher duty of care; short video platforms; the right of communication through information network (search for similar items in EconPapers)
Date: 2024
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Persistent link: https://EconPapers.repec.org/RePEc:spr:advbcp:978-94-6463-441-9_77

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DOI: 10.2991/978-94-6463-441-9_77

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