Redefining Duty of Care: Challenges and Solutions for Network Service Providers

With the rapid development of Internet and algorithm technology, how to judge the "duty of care" of network service providers has become a new problem in the field of network infringement. The main topic of this paper is to focus on what kind of duty of care network service providers should bear, and how to solve the problem of responsibility division and commitment in practice. It begins with a comprehensive analysis of the current legal frameworks in China, comparing them with global standards, particularly focusing on the United States' "Safe Harbor" principle and the European Union's Digital Single Market Copyright Directive. It further discusses the challenges of enforcing the duty of care, emphasizing the variability in judicial interpretations and the difficulties in applying traditional legal principles to modern digital contexts. It highlights the need for clearer definitions and preemptive legal measures to mitigate infringement risks, as demonstrated by proactive copyright declarations like those implemented during the 2022 Beijing Winter Olympic Games. Additionally, it examines the potential misuse of the duty of care in competitive business environments, suggesting judicial and legislative strategies to prevent abuse and ensure a fair application of the law. The conclusion advocates for a collaborative approach to reforming duty of care standards, involving a range of stakeholders from legislators to copyright holders, to ensure they are robust yet flexible enough to accommodate future technological developments.