A draft law proposed by the National Communications Commission (NCC) last month, which aims to increase the accountability and transparency of large online platforms in Taiwan, is largely based on the EU’s Digital Services Act, a digital policy expert said.
The draft digital services intermediary act, approved by the NCC on Wednesday, would impose varying levels of obligations on five categories of large online platforms.
It would also establish special provisions for platforms that have more than 2.3 million domestic users — such as YouTube, Facebook, Yahoo Auctions and DCard — with fines of up to NT$10 million (US$336,191) for contraventions.
Photo: Yang Mien-chieh, Taipei Times
Chiang Ya-chi (江雅綺), director of the Smart Technology Law and Policy Research Center at National Taipei University of Technology, said on Sunday that the NCC proposal is largely modeled on the Digital Services Act promulgated by the EU earlier this year.
In addition to increasing platforms’ accountability and transparency — through requirements to disclose how algorithms select advertisements and recommendations, for instance — the proposal would also streamline the process for obtaining court orders to remove illegal content, she said.
However, Chiang cautioned that enforcing the proposal’s content regulation provisions could prove challenging due to the extreme difficulty of judging content in the “gray zone” between personal opinion and disinformation.
Katherine Chen (陳憶寧), a former NCC commissioner who now sits on Meta’s oversight board, said she considered the plan “a big step forward” for Internet regulation in Taiwan, and one that would likely encourage platforms to set up mechanisms to self-regulate.
Still, Chen questioned whether the NCC would be able to evaluate the veracity of transparency reports the proposal would require companies to submit.
There are also doubts over the NCC’s ability to regulate TikTok, which is popular among young Taiwanese amid political concerns over its Chinese ownership, Chen added.
The NCC said it could coordinate with the Mainland Affairs Council and other government agencies regarding oversight of Chinese-linked platforms such as TikTok or Xiaohongshu (also known as “Little Red Book”).
The NCC’s proposal is the latest of several instances — including its 2020 closure of the China-friendly CTi News television channel — in which the commission has engaged with contentious issues.
Taiwan People’s Party Legislator Tsai Pi-ru (蔡壁如) asked if the draft law was intended to “crack down on fake news or on dissent,” and who would oversee it.
Tsai said she was skeptical of the plan to set up an “independent foundation” to handle claims of disinformation, which she described as “giving public power to [an entity] outside the political system.”
The draft act is to be the subject of three explanatory meetings and one public hearing over the next two months before being sent to the Legislative Yuan for review.
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