Administrative Provisions on the Information Services Provided Through Official Accounts of Internet Users (Revised in 2021)
Promulgation Authority: Cyberspace Administration of China
Release Date: 2021-01-22
Effective on 2021-02-22
Chinese Name: 互联网用户公众账号信息服务管理规定
Source: https://www.cac.gov.cn/2021-01/22/c_1612887880656609.htm
Article 1In order to regulate the information services provided through official accounts of internet users, safeguard national security and public interests as well as protect the legitimate rights and interests of citizens, legal persons and other organizations, the present Provisions are enacted in accordance with the Cybersecurity Law of the People’s Republic of China, the Administrative Measures on Internet Information Services, the Provisions on the Ecological Governance of Network Information Content and other applicable laws and regulations as well as applicable provisions of the State.
Article 2Whoever provides or engages in information services through official accounts of internet users within the territory of the People’s Republic of China shall abide by the present Provisions.
Article 3The State cyberspace administration is responsible for the law enforcement work relating to the supervision and administration of the information services provided through official accounts of internet users nationwide. Local cyberspace administrations are responsible for the law enforcement work relating to the supervision and administration of the information services provided through official accounts of internet users ex officio within their respective jurisdictions.
Article 4 The information service platforms for official accounts and producers and operators of official accounts shall abide by laws and regulations, follow public order and good morals, fulfill their social responsibilities, adhere to the correct direction of public opinions and value orientations, carry forward socialist core values, produce and release high-quality information content for positive and good purposes, develop a positive and healthy cyberculture and maintain a clear and bright cyberspace.Party and government organs at all levels, enterprises, public institutions and people’s organizations are encouraged to register and operate official accounts and produce and release high-quality government information or public service information so as to meet the information demands of the public and promote economic and social development.
Information service platforms for official accounts are encouraged to actively provide Party and government organs, enterprises, public institutions and people’s organizations with sufficient and necessary technical support and security assurance for them to enhance the level of government information release, public services and social governance.
Article 5An information service platform for official accounts shall obtain relevant qualifications as prescribed by the laws and administrative regulations of the State for providing the information services provided through official accounts of internet users.Information service platforms for official accounts and the producers and operators of official accounts that provide the public with Internet news information services shall obtain a license for Internet news information services.
Chapter 2 Information Service Platforms for Official Accounts
Article 6An information service platform for official accounts shall perform the primary responsibility for management of information content and official accounts, have management personnel and technical capabilities compatible with its business scale, set up the post of the person in charge of content security and establish, improve and strictly implement the management systems for account registration, information content security, ecological governance, emergency response, cybersecurity, data security, personal information protection, intellectual property protection and credit rating, etc.An information service platform for official accounts shall, in accordance with laws, regulations and relevant provisions of the State, develop and publish the management rules and platform conventions on the production of information content and operation of official accounts, enter into service agreements with the producers and operators of official accounts to specify the rights and obligations of both parties in respect of content release authority and account management responsibilities, etc.
Article 7An information service platform for official accounts shall, in accordance with relevant standards and specifications of the State, establish a system for classified registration and production of official accounts to conduct classified management.An information service platform for official accounts shall, on the basis of such indicators as the production quality of the information content contained in official accounts, information transmission capability and credit rating of account owners, establish a hierarchical management system and conduct hierarchical management.
An information service platform for official accounts shall file its rules on official accounts and content production as well as operation and management of official accounts, platform conventions and service agreements, etc. with the cyberspace administration of the province, autonomous region or centrally-administered municipality where it is located for record; to launch new technologies, applications and functions that are of public opinions or can mobilize the public online shall be subject to security assessment in accordance with relevant provisions.
Article 8An information service platform for official accounts shall take composite verification and other measures to authenticate the real identity information of internet users applying for registration of official accounts on the basis of their mobile phone numbers, resident identity card numbers or unified social credit codes so as to improve the accuracy of authentication. In the event that any user fails to provide his/her real identity information or falsely registers by using the real identity information of an organization or person other than his/her own identity information, it is not allowed to provide him/her with relevant services.An information service platform for official accounts shall verify the legality and compliance of the names, avatars or introduction, etc. of the official accounts registered by internet users, and shall suspend the provision of services for the user in question and notify such user to make corrections within a prescribed time limit in case of any inconsistency between such account name, avatar or introduction and the real identity information of the registrant, especially unauthorized use of the names of such organizations as Party and government organs, enterprises and public institutions or social celebrities, or unauthorized association therewith; in case of refusal to make corrections, the information service platform for official accounts shall terminate the provision of services for the user; in case of any illegal and harmful information found in relevant registration information, the information service platform for official accounts shall be timely handled it in accordance with the law.
An information service platform for official accounts shall prohibit any official account that has been closed in accordance with the law or agreement from re-registration in the same name; for any account name registered with a high degree of association, the information service platform for official accounts shall also conduct necessary verification of the real identity information and service qualification of the account owner.
Article 9 With regard to any official account that is applied for registration for engaging in the production of information content in the fields of economy, education, medical care and health, justice, etc., the information service platform for official accounts shall require the user to provide its/his professional background and relevant materials such as professional qualifications or service qualifications obtained in accordance with the laws and administrative regulations at the time of registration and conduct necessary verification.An information service platform for official accounts shall mark the official accounts that have passed the verification with special marks and, in light of the nature of different users, make public such registration information as the category of content production, names of operators, registered business addresses, unified social credit codes and contact information for social supervision and inquiry.
An information service platform for official accounts shall establish a dynamic verification and inspection system to verify the authenticity and validity of the registration information of producers and operators in due time.
Article 10 An information service platform for official accounts shall set a reasonable upper limit on the number of official accounts registered by a single user on its platform. For any user who applies for registration of more than one official account, necessary verifications shall be made on the nature of the user, service qualification, business scope and credit rating of such user.For any official account that has not been logged in or used within six months after registration, the information service platform for official accounts may suspend or terminate the provision of services to such user in accordance with the service agreement.
An information service platform for official accounts shall improve technical means to prevent and deal with the registration in excess of the prescribed quantity, malicious registration, false registration and other illegal registration acts of internet users.
Article 11 An information service platform for official accounts shall prohibit, in accordance with the law or relevant agreement, contract producers and operators of official accounts from transferring such accounts in violation of relevant rules.The producer or operator of an official account that intends to transfer its/his right to use the official account to any other user shall file an application with the platform. The platform shall authenticate and verify the transferee in accordance with the provisions of the preceding paragraph and make public the information on changes of the subject. Where the platform finds that any producer or operator transfers its/his official account without approval, it shall suspend or terminate the provision of services in a timely manner.
Where the producer or operator of an official account voluntarily ceases the operation of such account, it may apply to the platform for suspension or termination of the use of such account. The platform shall suspend or terminate the provision of services in accordance with the service agreement.
Article 12 An information service platform for official accounts shall establish a mechanism for monitoring and evaluating official accounts and prevent data falsification in respect of the number of subscribers, user attention, content click-through rate and the number of comments forwarded, etc.An information service platform for official accounts shall regulate the mechanism for recommendation, subscriptions and following for official accounts and improve technical means to detect and deal with any abnormal change in the number of subscriptions and following of official accounts in a timely manner. Without the informed consent of an internet user, an information service platform for official accounts shall not force in any way the internet user to subscribe or follow the official account of other users or do so in a disguised manner.
Article 13 An information service platform for official accounts shall establish a credit rating management system for producers or operators and provide corresponding services based on the credit rating.An information service platform for official accounts shall establish and improve a mechanism for early warning, discovery, traceability, screening, disproving and elimination of online rumors and other false information and lower the credit rating of the producer or operator of the official account that produces and releases false information or blacklist such producer or operator.
Article 14 Where information service platforms for official accounts cooperates with producers or operators of official accounts in the supply of content and promotion of accounts, they shall regulate and manage such business activities as e-commerce sales, advertisement publishing, knowledge payment and rewards from users, and shall not release false advertisements, conduct exaggerated publicity, conduct commercial frauds and slander, so as to prevent operation in violation of laws and regulations.Information service platform for official accounts shall strengthen the protection of copyright of original information and prevent piracy and infringement.
The said platforms shall not take advantage of its dominant position to disturb the lawful and compliant operation of producers or operators or infringe upon the legitimate rights and interests of users.
Chapter 3 Producers and Operators of Official Accounts
Article 15 Producers and operators of official accounts shall, in accordance with the rules for classified management of the platforms, truthfully fill in basic information such as the nature of users, place of registration, operation premises, content production categories and contact information when registering their official accounts; institutional users shall also specify their main business or business scopes.Producers and operators of official accounts shall abide by the platform’s rules on content production and account operation, platform conventions and service agreements and engage in the production and release of information content in relevant industries based on the categories of content production registered under official accounts.
Article 16 Producers and operators of official accounts shall perform their primary responsibilities for information content production and operation and management of official accounts and engage in the production of information content and operation of official accounts in accordance with laws and regulations.Producers and operators of official accounts shall establish and improve a mechanism for reviewing the security of information content throughout the whole process including topic selection and planning, editing and production, release and promotion and interactive comments, etc., strengthen the review of information content guidance, authenticity and legitimacy and maintain good order of network communication.
Producers and operators of official accounts shall establish and improve a whole-process security management of registration, use, operation and promotion of official accounts, operate official accounts in a lawful, civilized and standard manner, attract the attention of the public with quality information and content for subscription and interactive sharing and maintain a good social image of official accounts.
Producers and operators of official accounts that cooperate with third-party agencies in the operation of official accounts and content supply, etc. shall enter into a written agreement with such third-party agencies to specify the information security management obligations of the third-party agencies and urge them to perform such obligations.
Article 17 Producers and operators of official accounts that reproduce information content shall abide by the relevant laws and regulations on copyright protection, mark copyright owners and sources of traceable information in accordance with the law, and respect and protect the legitimate rights and interests of copyright owners.Producers and operators of official accounts shall manage such interactive processes as leaving messages, responding to posts and making comments with regard to official accounts. The platform may reasonably set administrative authority and provide relevant technical support based on the subject nature and credit rating, etc. of official accounts.
Article 18 Producers and operators of official accounts shall not commit any of the following illegalities and irregularities:
(I) fail to register with their real identity information or register the name, avatar or brief introduction of any official account that is inconsistent with their real identity information;
(II) malicious counterfeit, imitate or misappropriate the public accounts of organizations or other persons to produce and publish information content;
(III) provide such services as collecting, editing and releasing Internet news information without permission or beyond the scope of permission;
(IV) manipulate and make use of multiple platform accounts to release similar and low-quality information content in batches, generate false flow data and create false public opinions and hot spots;
(V) incite extreme emotions by virtue of emergencies, or damage the reputation of others and organizations by means of cyber-violence, disturb the normal operation of organizations and affect social harmony and stability;
(VI) fabricate false information, falsify the nature of originality, mark false information sources, distort the truth or mislead the public;
(VII) conduct illegal network supervision, marketing fraud, extortion and seek illegal interests by means of paid release or deletion of information, etc.;
(VIII) register, hoard or illegally trade official accounts in bulk in violation of regulations;
(IX) produce, reproduce or release illegal information, or fail to take measures to prevent or boycott the production, reproduction or release of harmful information; or
(X) commit any other acts prohibited by laws and administrative regulations.
Chapter 4 Supervision and Administration
Article 19 An information service platform for official accounts shall strengthen the supervision and administration of the information service activities provided through official accounts on its platform and timely discover and deal with the information or acts in violation of laws and regulations.For any official account in violation of these Provisions and relevant laws and regulations, the information service platform for official accounts shall take disposal measures in accordance with laws or as agreed, such as warning and reminding, restricting functions of such official account, suspending the updating of information, ceasing the release of advertisements, closing or deregistering such official account, blacklisting such official account and prohibiting re-registration, etc., keep relevant records and timely report the case to the cyberspace administration and other competent authorities.
Article 20 Information service platform for official accounts and the producers and operators of official accounts shall consciously subject themselves to social supervision.An information service platform for official accounts shall set up convenient entrance for complaints and whistleblowing and complaint channels in a conspicuous place, make public the ways for complaints and reports and appeals, improve the acceptance, screening, disposal and feedback mechanisms, specify the handling process and feedback time limit and promptly deal with the complaints and reports from the public and appeals filed by producers and operators.
Internet industrial organizations are encouraged to carry out public review, promote the strict self-discipline of information service platforms for official accounts and producers and operators of official accounts, establish an authoritative mediation mechanism with multi-party participation, fairly and reasonably solve industrial disputes and safeguard the legitimate rights and interests of users in accordance with the law.
Article 21 The cyberspace administration authorities at all levels shall, in concert with the relevant competent departments, establish and improve the work mechanism for collaborative supervision and administration, supervise and guide information service platforms for official accounts and producers and operators of official accounts to carry out relevant information service activities in accordance with laws and regulations.Information service platforms for official accounts and producers and operators official accounts shall cooperate with relevant competent departments in carrying out supervision and inspection in accordance with the law and provide necessary technical support and assistance.
Information service platforms for official accounts and producers and operators official accounts that violate the present Provisions will be punished by the cyberspace administrations and relevant competent departments ex officio in accordance with relevant laws and regulations.
Chapter 5 Supplementary Provisions
Article 22 For the purpose of the present Provisions, the term “official accounts of internet users” refers to the web accounts that registered and operated by Internet users on Internet sites, applications and other network platforms to produce and publish text, pictures, audio and video and other information content to the public.For the purpose of the present Regulations, the term “information service platforms for official accounts” refers to the providers of network information services that provide registration and operation of official accounts, release of information content and technical support services for internet users.
For the purpose of the present Regulations, the term “producers and operators of official accounts” refers to the natural persons, legal persons or unincorporated organizations that register and operate official accounts to engage in the production and release of contents.
Article 23 The present Provisions shall come into force as of February 22, 2021. In case of any discrepancy between the present Provisions and the relevant regulations promulgated prior to the effectiveness hereof, the present Provisions shall prevail.