New Chinese internet regulations 3/1/2020

Regulations on the Ecological Governance of Network Information Content
Tuesday, December 20, 2019 2:00 PM
Source: China Netcom

National Internet Information Office Order
Number 5
The Regulations on The Ecological Governance of Network Information Content have been approved by the Office of the State Internet Information Office and are hereby promulgated, effective From March 1, 2020.
Director Zhuang Rongwen
December 15, 2019

Regulations on the Ecological Governance of Network Information Content

Chapter 1 General
　　 Article 1 These Provisions are formulated in accordance with laws and administrative regulations such as the National Security Law of the People's Republic of China, the Cyber Security Law of the People's Republic of China and the Measures for the Administration of Internet Information Services in order to create a good network ecology, safeguard the legitimate rights and interests of citizens, legal persons and other organizations, and safeguard national security and public interests.
　　 Article 2 These Provisions shall apply to the ecological management activities of the network information content within the territory of the People's Republic of China.
The term "ecological governance of network information content" as mentioned in these Provisions refers to the government, enterprises, society, netizens and other subjects, with the cultivation and practice of socialist core values as the fundamental, with network information content as the main object of governance, with the goal of establishing and perfecting the network comprehensive governance system, creating a clear network space, and building a good network ecology. Carry out related activities such as promoting positive energy, disposing of illegal and bad information.
　　 Article 3 The State Network Information Department shall be responsible for the overall coordination of the ecological management of the information content of the national network and the related supervision and management, and the relevant competent departments shall do a good job in the ecological management of the network information content in accordance with their respective responsibilities.
The local network information department is responsible for coordinating and coordinating the ecological management of network information content and related supervision and management in the administrative area, and the relevant local departments shall do a good job in the ecological management of network information content in the administrative area according to their respective responsibilities.
Chapter II Network Information Content Producers
　　 Article 4 Producers of information content on the Internet shall abide by laws and regulations, abide by public order and customs, and shall not harm the national interest, the public interest or the legitimate rights and interests of others.
　　 Article 5 Encourage producers of online information content to produce, reproduce and publish information containing the following contents:
(1) To publicize Xi Jinping's thought of socialism with Chinese characteristics in the new era and to interpret the socialist road, theory, system and culture with Chinese characteristics in a comprehensive, accurate and vivid way;
(2) To publicize the Party's theoretical line and policy and the central government's major decision-making and deployment;
(3) To display the bright spots of economic and social development and reflect the great struggle and fiery life of the people;
(4) to carry forward the core values of socialism, publicize excellent moral culture and the spirit of the times, and fully display the spirit of the Chinese nation' high-spirited;
(5) Effectively responding to social concerns, solving doubts and confusing, and analyzing the situation, which will help guide the masses to form a consensus;
(vi) to help improve the international influence of Chinese culture and show the world a truly three-dimensional and comprehensive China;
(7) Other contents that speak the style of responsibility, praise the true goodness and beauty, promote unity and stability, etc.
　　 Article 6 Producers of online information content may not produce, copy or publish illegal information containing the following contents:
(i) opposing the basic principles set out in the Constitution;
(2) endangering national security, disclosing state secrets, subverting state power and undermining national unity;
(3) to damage the honour and interests of the state;
(4) distorting, stigmatizing, desecrating or denying the deeds and spirit of the hero martyrs, and infringing upon the names, likes, reputations or honors of the heroic martyrs by insulting, slandering or othermeans;
(5) promoting terrorism, extremism or inciting the commission of terrorist activities or extremist activities;
(6) Inciting ethnic hatred, ethnic discrimination and undermining national unity;
(7) undermining the state's religious policies and promoting cults and feudal superstitions;
(8) spreading rumors and disturbing the economic and social order;
(9) spreading obscenity, pornography, gambling, violence, murder, terror or instigating crime;
(10) insulting or slandering another person and infringing on the reputation, privacy and other lawful rights and interests of others;
(11) Other contents prohibited by laws and administrative regulations.
　　 Article 7 Producers of online information content shall take measures to prevent and resist the production, reproduction and publication of undesirable information containing the following contents:
(1) the use of exaggerated titles, the content of which is seriously inconsistent with the title;
(2) speculation, scandals, bad deeds, etc.;
(3) miscommenting natural disasters, major accidents and other disasters;
(4) with sexual innuendo, sexual prositist, etc. which is easy to make people have sexual association;
(5) showing blood, horror, cruelty, etc. that cause physical and mental discomfort;
(6) Inciting discrimination by the population, regional discrimination, etc.;
(7) to promote vulgar, vulgar and vulgar content;
(8) May cause minors to imitate unsafe behavior and violate social morality, induce minors bad habits, etc.
(9) Other content that has a negative impact on the network ecology.
Chapter Three Network Information Content Service Platform
　　 Article 8 The network information content service platform shall fulfill the main responsibility of information content management, strengthen the ecological management of the network information content of the platform, and cultivate a positive and healthy and upward-oriented network culture.
　　 Article 9 The network information content service platform shall establish an ecological governance mechanism for network information content, formulate the rules for the ecological management of the network information content of this platform, and improve the system of user registration, account management, information release audit, follow-up comment review, layout page ecological management, real-time inspection, emergency disposal and network rumors, and black industrial chain information disposal.
The network information content service platform shall set up the person in charge of the ecological management of the network information content, equip the professionals who are suitable for the scope of business and the scale of service, strengthen the training and assessment, and improve the quality of the employees.
　　 Article 10 The network information content service platform shall not disseminate the information stipulated in Article 6 of these Provisions, and shall prevent and resist the dissemination of the information stipulated in Article 7 of these Provisions.
The network information content service platform shall strengthen the management of the information content, and if it discovers the information stipulated in Article 6 and Article 7 of these Provisions, it shall take immediate measures to dispose of it in accordance with the law, keep relevant records and report it to the relevant competent departments.
　　 Article 11 Encourage the network information content service platform to adhere to the mainstream value orientation, optimize the information recommendation mechanism, strengthen the ecological management of the layout page, and actively present the information stipulated in Article 5 of this Regulation in the following key links (including service type, location section, etc.):
(1) The first screen, pop-up window and important news information content page of the Internet News Information Service;
(2) Selected public account information services for Internet users, hot search, etc.;
(3) Blogs, micro-blog information services popular recommendations, list categories, pop-up windows and geographical location-based information services section;
(4) Internet information search services hot search words, hot search pictures and default search;
(5) Internet Forum community service home first screen, list class, pop-up window, etc.
(6) Internet audio and video services home first screen, discovery, selection, list class, pop-up window, etc.
(7) Internet WEB site navigation services, browser services, input law services first screen, list class, skin, associative words, pop-up windows, etc.
(8) digital reading, online games, network animation services home first screen, selected, list category, pop-up window, etc.
(9) life services, knowledge service platform home first screen, popular recommendations, pop windows, etc.
(10) The first screen and recommendation area of the e-commerce platform;
(11) Mobile App Store, Mobile Smart Terminal Preset Application Software and Built-in Information Content Service First Screen, Recommendation Zone, etc.
(12) Online information content columns, special zones and products dedicated to minors as the object of service;
(13) Other key links that are in a prominent position of productor or service and are easy to attract the attention of users of network information content services.
The network information content service platform shall not present the information stipulated in Article 7 of these Provisions in the above key links.
　　 Article 12 If the network information content service platform uses a personalized algorithm to recommend information, it shall set up a recommendation model that complies with the requirements stipulated in Articles 10 and 11 of these Provisions, and establish and improve the mechanism of manual intervention and user self-selecting.
　　 Article 13 Encourage the network information content service platform to develop models suitable for minors, provide online products and services suitable for minors, and facilitate minors' access to information that is beneficial to their physical and mental health.
　　 Article 14 The network information content service platform shall strengthen the examination and inspection of the advertising spaces set up by the platform and the advertising content displayed on the platform, and shall deal with the publication of illegal advertisements in accordance with the law.
　　 Article 15 The network information content service platform shall formulate and openly manage rules and platform conventions, improve user agreements, clarify the rights and obligations of users, and perform corresponding management duties in accordance with the law.
The network information content service platform shall establish the credit management system of the user account and provide the corresponding service according to the credit situation of the user account.
　　 Article 16 The network information content service platform shall set up a convenient entry point for complaint sreporting in a prominent place, publish the way of reporting complaints, promptly accept and handle public complaints and report back on the results of the processing.
　　 Article 17 The network information content service platform shall prepare an annual report on the ecological governance of the network information content, which shall include the work of the ecological management of the network information content, the performance of the person in charge of the ecological management of the network information content, and the social evaluation of the social evaluation.
Chapter Four Users of Network Information Content Services
　　 Article 18 Users of information content services on the Internet shall use the network in a civilized and healthy manner, and in accordance with the requirements of laws and regulations and the agreement signed by the user agreement, earnestly fulfill their corresponding obligations, and when participating in network activities in the form of postings, replies, messages, impeachment, etc., they shall engage in civilized interaction and rational expression, and shall not publish the information stipulated in Article 6 of these Provisions, and shall prevent and resist the information stipulated in Article 7 of these Provisions.
　　 Article 19 The founders and managers of the community sections of the network groups and forums shall fulfill the responsibility of managing the groups and sections and regulate the publication of information in the groups and sections in accordance with laws and regulations, user agreements and platform conventions.
　　 Article 20 Users of online information content services are encouraged to actively participate in the ecological management of online information content, supervise illegal and undesirable information on the Internet through complaints, reports, etc., and jointly safeguard the good network ecology.
　　 Article 21 Users of online information content services and producers of online information content, and network information content service platforms shall not use the Network and related information technology to commit illegal acts such as insulting, defamatory, threatening, spreading rumors and infringing the privacy of others, thereby undermining the legitimate rights and interests of others.
　　 Article 22 Users of network information content services and producers of network information content, and network information content service platforms may not infringe upon the legitimate rights and interests of others or seek illegal benefits by publishing or deleting information and other means of interfering with the presentation of information.
　　 Article 23 Users of network information content services and producers of network information content, and network information content service platforms shall not use new technologies such as deep learning and virtual reality to engage in activities prohibited by laws and administrative regulations.
　　 Article 24 Users of network information content services and producers of network information content, network information content service platforms may not, by manual or technical means, carry out traffic fraud, traffic hijacking and false registration accounts, illegal transaction accounts, manipulation of user accounts, etc., and undermine the ecological order of the network.
　　 Article 25 Users of network information content services and producers of online information content, network information content service platforms may not use the logos and contents of the Party's flag, party emblem, national emblem, national anthem, etc. representing the image of the Party and the State, or carry out illegal and illegal online commercial marketing activities in the name of state events, major anniversaries and state organs and their staff.
Chapter 5 Network Industry Organization
　　 Article 26 Encourage industry organizations to play the role of service guidance and bridge, guide member units to enhance social responsibility, sing the main melody, promote positive energy, oppose illegal information, prevent and resist undesirable information.
　　 Article 27 Encourage industry organizations to establish and improve the self-discipline mechanism of the industry, formulate industry norms and self-regulation conventions for the ecological management of network information content, establish standard rules for content audit, guide member units to establish and improve service norms, provide network information content services in accordance with the law, and accept social supervision.
　　 Article 28 Encourage industry organizations to carry out education and training and publicity and guidance on the ecological management of network information content, enhance the governance ability of member units and practitioners, and enhance the awareness of the whole society to participate in the ecological governance of network information content.
　　 Article 29 Encourage industry organizations to promote the construction of the credit evaluation system in the industry, establish an evaluation reward and punishment mechanism such as industry appraisal in accordance with the articles of association, increase the incentive and discipline of member units, and strengthen the sense of trustworthiness of member units.
Chapter 6 Supervision and Management
　　 Article 30 The internet-information departments at all levels, together with the relevant competent departments, shall establish and improve working mechanisms for information sharing, consultation and notification, joint law enforcement, case supervision and information disclosure, and jointly carry out ecological management of the contents of the network information.
　　 Article 31 The online letter ingress departments at all levels shall carry out supervision and inspection of the implementation of the main responsibility of information content management on the network information content service platform, and carry out special supervision over the platforms that have problems.
The network information content service platform shall cooperate with the supervision and inspection carried out by the online information department and the relevant competent departments in accordance with the law.
　　 Article 32 The online and letter departments at all levels shall establish a management system for the illegal and illegal violations of the network information content service platform and shall deal with them accordingly in accordance with the regulations.
　　 Article 33 The internet-information departments at all levels shall establish a mechanism for supervision and evaluation involving the government, enterprises, society, netizens and other subjects, and regularly evaluate the ecological management of the network information content service platform within the administrative area.
Chapter 7 Legal Responsibility
　　 Article 34 If a producer of online information content violates the provisions of Article 6 of these Provisions, the network information content service platform shall, in accordance with the law, take measures such as warning rectification, restricting functions, suspending updates and closing accounts, eliminate illegal information content in a timely manner, keep records and report them to the relevant competent authorities.
　　 Article 35 If the network information content service platform violates the provisions of Article 10 and Article 31 (2) of these Provisions, the relevant competent departments, such as Online Letters, shall, in accordance with their duties, deal with them in accordance with the provisions of laws and administrative regulations such as the Measures for the Administration of Internet Information Services in the Cyber Security Law of the People's Republic of China.
　　 Article 36 If the network information content service platform violates the provisions of Article 11 (2) of these Provisions, the online lettering department at or above the municipal level shall conduct an interview in accordance with its duties, give a warning and order it to make corrections within a time limit; if it refuses to make corrections or if the circumstances are serious, it shall be ordered to suspend the updating of the information and deal with it in accordance with the provisions of the relevant laws and administrative regulations.
　　 Article 37 If the network information content service platform violates the provisions of Articles 9, 12, 15, 16 and 17 of these Provisions, the online lettering department at or above the municipal level of the district shall conduct an interview in accordance with its duties, give a warning and order it to make corrections within a specified period of time; if it refuses to make corrections or if the circumstances are serious, it shall be ordered to suspend the updating of the information and deal with it in accordance with the provisions of the relevant laws and administrative regulations.
　　 Article 38 Any violation of the provisions of Articles 14, 18, 19, 21, 22, 23, 24 and 25 of these Provisions shall be dealt with by the relevant competent departments, such as online letters, in accordance with their duties and in accordance with the provisions of relevant laws and administrative regulations.
　　 Article 39 In accordance with laws, administrative regulations and relevant provisions of the State, the internet information department, together with the relevant competent departments, shall establish and improve the joint disciplinary mechanism for serious breach of trust in the network information content service, and impose disciplinary measures such as restrictions on the conduct of online information services, restrictions on online behavior and industry prohibition of entry for network information service platforms, network information content producers and users of network information content who seriously violate these provisions.
　　 Article 40 If anyone who causes damage to another person in violation of these Provisions is liable for civil liability according to law; if the crime is constituted, criminal liability shall be investigated according to law; if it does not constitute a crime, the competent department shall punish him in accordance with the provisions of the relevant laws and administrative regulations.
Chapter 8 By-laws
　　 Article 41 The term "producer of network information content" as mentioned in these Provisions refers to the organization or individual that produces, copies or publishes the content of network information.
The network information content service platform referred to in these Provisions refers to the network information service provider that provides the network information content dissemination service.
The term "user of network information content service" as mentioned in these Provisions refers to an organization or individual using the network information content service.
　　 Article 42 These Provisions shall come into effect on March 1, 2020