Legal Regulation of Discrimination in Artificial Intelligence Algorithms

With the advancement of information technology, artificial intelligence technology continues to accelerate its iteration, and algorithms are increasingly applied across nearly every industry. During their implementation, algorithmic discrimination inevitably arises due to subjective and objective factors such as the values of developers, data bias, unreasonable programming, and historical legacies. This discrimination violates the legal principle of equality for all and impedes the development of social fairness and justice. Algorithmic discrimination manifests primarily as gender discrimination, employment discrimination, price discrimination, age discrimination, and racial discrimination. Given the current legislative gaps in China regarding algorithmic discrimination, coupled with its covert and specialized nature, regulating it presents challenges such as unclear liability attribution and difficulties for victims in providing evidence. Therefore, to safeguard the healthy development of the artificial intelligence industry and protect citizens' lawful rights and interests from infringement, legal governance of algorithmic discrimination should be strengthened from four perspectives: the state, society, corporate, and individual levels. This requires strengthening supplementary legislation, exercising oversight authority, consciously mitigating the negative impacts of algorithmic discrimination, and cultivating citizens' awareness of their rights. These multifaceted approaches will advance the modernization of China's national governance system and capacity.