Provisions on the Ecological Governance of Network Information Contents
Promulgation Authorities: Cyberspace Administration of China
Release Date: 2019-12-15
Source: https://www.cac.gov.cn/2019-12/20/c_1578375159509309.htm
Original Title: 网络信息内容生态治理规定
Provisions on the Ecological Governance of Network Information Contents
Chapter I General Provisions
Article 1 These Provisions are formulated in accordance with the State Security Law of the People’s Republic of China, the Cybersecurity Law of the People’s Republic of China, the Administrative Measures on Internet-based Information Services and other laws and administrative regulations in order to create a good cyber ecology, safeguard the legitimate rights and interests of citizens, legal persons and other organizations, and maintain national security and public interests.
Article 2 These Provisions apply to the ecological governance activities involving network information contents within the territory of the People’s Republic of China.For the purpose of the Provisions, the term “ecological governance of network information contents” refers to the relevant activities carried out by governments, enterprises, society, netizens and other subjects to promote the positive energy, and dispose of illegal and harmful information, by taking the cultivation and practice of socialist core values as the fundamental, network information contents as the main governance objects, and by aiming at establishing and perfecting a comprehensive network governance system, creating a clean cyberspace, and building a good cyber ecology.
Article 3 The Cyberspace Administration of China is responsible for coordinating the ecological governance of network information contents nationwide and the relevant supervision and administration, and all relevant competent authorities are responsible for the ecological governance of network information contents according to their respective duties.Local cyberspace administrations are responsible for coordinating the ecological governance of network information contents and the relevant supervision and administration work within their respective administrative regions, and the relevant local competent authorities shall effectively carry out the ecological governance of network information contents within their respective administrative regions according to their respective responsibilities.
Chapter II Producers of Network Information Contents
Article 4 Producers of network information contents shall abide by laws and regulations, follow public order and good morals, and shall not harm national interests, public interests and the legitimate rights and interests of others.
Article 5 Producers of network information contents are encouraged to produce, reproduce and release information with contents as follows:
(1) those propagating Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, and interpreting the road, theory, system and culture of socialism with Chinese characteristics in a comprehensive, accurate and vivid way;
(2) those publicizing the theory, guidelines and policies of the Party and the major decisions and arrangements of the Central Committee;
(3) those displaying the highlights of economic and social development, and reflecting the great struggle and fiery life of the masses;
(4) those carrying forward socialist core values, publicizing excellent moral culture and the spirit of the times, and fully demonstrating the positive spirit of the Chinese nation;
(5) those effectively responding to social concerns, answering questions, analyzing issues with reasons, and being conducive to guiding the masses to reach consensus;
(6) those conducive to enhancing the international influence of Chinese culture and presenting a real, three-dimensional and comprehensive China to the world; and
(7) those stressing taste, style and responsibility, eulogizing the truth, virtue and beauty, and promoting unity and stability.
Article 6 Producers of network information contents shall not produce, reproduce or release illegal information containing any of the following contents:
(1) those opposing the basic principles determined by the Constitution;
(2) those endangering the national security, disclosing State secrets, subverting State power or damaging national unity;
(3) those harming the honor or interests of the State;
(4) those distorting, vilifying, desecrating or negating the deeds or spirit of heroes and martyrs, or infringing upon the names, portraits, fame or honors of heroes and martyrs in an insulting or defamatory way or otherwise;
(5) those promoting terrorism or extremism, or inciting the implementation of terrorist activities or extremist activities;
(6) those inciting ethnic hatred or discrimination to undermine ethnic unity;
(7) those sabotaging state religious policies or propagating heretical teachings or feudal superstitions;
(8) those spreading rumors and disturbing the economic and social order;
(9) those disseminating obscenity, pornography, gambling, violence, homicide, terror or instigating others to commit crimes;
(10) those insulting or slandering others, or infringing upon the reputation, privacy and other legitimate rights and interests of others; and
(11) any other content prohibited by laws or administrative regulations.
Article 7 Producers of network information contents shall take measures to prevent and resist the production, reproduction and release of any adverse information with the following contents:
(1) those using an exaggerated title, with the content seriously inconsistent with the title;
(2) those speculating in gossip, scandal or notoriety, etc.;
(3) those improperly commenting on natural disasters, major accidents or other disasters;
(4) those containing sexual cues or sexual teasing or others that are easily suggestive of sex;
(5) those causing physical or mental discomfort such as bloodiness, horror and cruelty;
(6) those inciting mass discrimination or regional discrimination, etc.;
(7) those preaching tasteless, vulgar and kitsch contents;
(8) those probably inducing minors to imitate unsafe acts or acts violating social morality, or inducing minors to have unhealthy hobbies; and
(9) any other content that has an adverse impact on cyber ecology.
Chapter III Network Information Content Service Platforms
Article 8 A network information content service platform shall perform its duties as the information content administrator, step up ecological governance of the network information contents of its own platform, and foster a positive, healthy, progressive and amicable cyber culture.
Article 9 A network information content service platform shall establish a mechanism for ecological governance of network information contents, formulate detailed rules for ecological governance of network information contents of its own platform, and improve systems for user registration, account management, information release review, thread comment review, page ecological management, real-time inspection, emergency response, and disposal of network rumors and black industry chain information.The network information content service platform shall appoint a person-in-charge for ecological governance of network information contents, staff with professionals appropriate to its business scope and service scale, strengthen training and assessment, and improve the quality of its practitioners.
Article 10 A network information content service platform shall not disseminate the information specified in Article 6 hereof, and shall prevent and reject the dissemination of the information specified in Article 7 hereof.The network information content service platform shall strengthen the management of information contents, and upon discovery of information specified in Articles 6 and 7 hereof, shall immediately take disposal measures in accordance with the law, keep the relevant records, and report the same to the relevant competent authority.
Article 11 Network information content service platforms are encouraged to adhere to the mainstream value orientation, optimize the information recommendation mechanism, strengthen the ecological management of pages, and actively present the information specified in Article 5 hereof in the following key links (including service types, sections, etc.):
(1) homepage, pop-up windows and important news information pages of Internet news information services, etc.;
(2) selection and hot search of the information services provided through official accounts of internet users;
(3) popular recommendations, list, pop-up windows, and information service sections based on geographic locations for information services on blogs and microblogs;
(4) hot words, hot images and default searches in respect of internet information search services;
(5) homepage, list and pop-up windows, etc. of the internet forum community services;
(6) homepage, discovery, selection, list and pop-up windows, etc. of the internet audio-video services;
(7) homepage, list, appearance, associative words and pop-up windows of Internet URL navigation services, browser services and IME services;
(8) homepage, selection, list and pop-up windows of digital reading, online games, and online animation services;
(9) homepage, popular recommendations and pop-up windows of life services and knowledge service platforms;
(10) homepage, recommendation area of e-commerce platform etc.;
(11) homepage and recommendation area of mobile application stores, pre-installed application software and built-in information content services of mobile intelligent terminals;
(12) special columns, areas and products for network information contents with the minors as the service objects; and
(13) other key links that are in the eye-catching positions of products or services and that are easy to attract the attention of users of network information content services.The network information content service platforms shall not present information specified in Article 7 hereof in the above key links.
Article 12 Where a network information content service platform adopts a personalized algorithm recommendation technology for pushing information, it shall set up a recommendation model that meets the requirements of Articles 10 and 11 hereof, and establish and improve a mechanism for human intervention and users’ independent choice.
Article 13 Network information content service platforms are encouraged to develop modes suitable for minors to use, provide online products and services suitable for minors, and facilitate minors in obtaining information that is conducive to their physical and mental health.
Article 14 Network information content service platforms shall strengthen the examination and inspection of the advertising spaces set up on their respective platforms and the advertising contents displayed thereon, and handle illegal advertisements released in accordance with the law.
Article 15 Network information content service platforms shall develop and make public their management rules and platform conventions, improve the user agreement, clarify the rights and obligations of users, and perform the corresponding management duties in accordance with the laws and agreements.Network information content service platforms shall establish a user account credit management system and provide corresponding services according to the credit information of the user account.
Article 16 Network information content service platforms shall set up a convenient portal for complaints and whistle-blowing reports at an eye-catching position, publish the ways of complaints and whistle-blowing reports, timely accept and handle the public complaints and whistle-blowing reports, and provide feedback on the handling results.
Article 17 Network information content service platforms shall prepare annual reports on the ecological governance of network information contents, which shall include the ecological governance of network information contents, performance of duties by persons in charge of the ecological governance of network information contents, social evaluation, etc.
Chapter IV Users of Network Information Content Services
Article 18 Users of network information content services shall use the network in a civilized and healthy manner, earnestly perform their corresponding obligations in accordance with the requirements of laws and regulations and the provisions of the user agreement, interact in a civilized manner and express themselves rationally when participating in network activities by way of post, reply, message, bullet screen, etc., and shall not release the information specified in Article 6 of these Provisions, and shall also prevent and reject information specified in Article 7 hereof.
Article 19 The initiators and administrators of online chat groups and forum community sections shall perform their duties to manage chat groups and sections, and regulate the information release within chat groups and sections in accordance with laws, regulations, user agreements and platform conventions.
Article 20 Users of network information content services are encouraged to actively participate in the ecological governance of network information contents, and supervise online illegal and unhealthy information by complaints, whistleblowing reports or otherwise, so as to jointly safeguard a good cyber ecology.
Article 21 Users of network information content services, producers of network information contents, and network information content service platforms shall not use networks and related information technologies to commit illegal acts such as insulting, slandering, threatening, spreading rumors, or infringing upon others’ privacy, thereby harming others’ legitimate rights and interests.
Article 22 Users of network information content services, producers of network information contents, and network information content service platforms shall not infringe upon the lawful rights and interests of others or seek illegal benefits by releasing, deleting, or otherwise interfering with the presentation of information.
Article 23 Users of network information content services, producers of network information contents, and network information content service platforms shall not engage in activities prohibited by laws or administrative regulations by using new technologies or applications such as deep learning or virtual reality.
Article 24 Users of network information content services, producers of network information contents and network information content service platforms shall not tamper with or hijack traffic, falsely register accounts or illegally trade accounts, or manipulate user accounts, manually or by technical means, thereby disrupting the order of cyber ecology.
Article 25 Users of network information content services, producers of network information contents and network information content service platforms shall not use the Party flag, the Party emblem, the national flag, the national emblem, the national anthem, and other logos and contents that represent the image of the Party and the State, or take advantage of major national events, major anniversaries, state organs and the staff thereof to carry out illegal network commercial marketing activities.
Chapter V Network Industry Organizations
Article 26 Industry organizations shall be encouraged to play their roles of service guidance and bridges to guide the members to enhance their sense of social responsibility, highlight the mainstream theme, carry forward positive energy, reject illegal information, and prevent and resist adverse information.
Article 27 Industry organizations shall be encouraged to establish and perfect an industry self-regulation mechanism, formulate industrial standards and self-regulation conventions on the ecological governance of network information contents, establish detailed rules for content review standards, and guide members to establish and perfect service standards, provide network information content services in accordance with the law, and accept social supervision.
Article 28 Industry organizations are encouraged to provide education and training as well as publicity and guidance for the ecological governance of network information contents, improve the governance ability of their members and practitioners, and raise the awareness of the whole society to participate in the ecological governance of network information contents.
Article 29 Industry organizations are encouraged to promote the development of an industry credit rating system, establish industry appraisal and other evaluation reward and punishment mechanisms in accordance with their articles of association, increase incentives and punishment for their members, and strengthen the members’ awareness of trustworthiness.
Chapter VI Supervision and Administration
Article 30 The cyberspace administrations at all levels shall, in concert with the relevant competent authorities, establish and improve information sharing, consultation and notification, joint law enforcement, case supervision and handling, information disclosure and other working mechanisms, and collaborate to carry out the ecological governance of network information contents.
Article 31 The cyberspace administrations at all levels shall supervise and inspect the fulfillment of information content management responsibilities by network information content service platforms as subjects, and carry out special supervision and inspection over problematic platforms.Network information content service platforms shall cooperate with cyberspace administrations and the competent authorities in their lawful supervision and inspection.
Article 32 The cyberspace administrations at all levels shall establish an accounting management system for the illegal activities of network information content service platforms, and deal with the same according to laws and regulations.
Article 33 The cyberspace administrations at all levels shall establish a supervision and evaluation mechanism jointly involving governments, enterprises, society, netizens and other subjects and regularly evaluate the ecological governance of network information content service platforms within their respective administrative regions.
Article 34 Where any producer of network information contents violates Article 6 hereof, the network information content service platform shall, in accordance with the law or as agreed, take measures such as issuing a warning and requesting corrections, restricting functions, suspending updates and closing accounts, timely eliminate illegal information contents, keep relevant records, and report the same to the competent authorities.
Article 35 Where any network information content service platform violates Article 10 or Paragraph 2 of Article 31 hereof, the cyberspace administration and other competent authorities shall, ex officio, punish it in accordance with the Cybersecurity Law of the People’s Republic of China, the Administrative Measures on Internet-based Information Services, and other laws and administrative regulations.
Article 36 Where any network information content service platform violates Paragraph 2 of Article 11 hereof, the cyberspace administration of a city divided into districts shall, ex officio, have a talk with it, issue a warning, and order it to effect rectification within the required time limit; where the network information content service platform refuses to make rectification or the circumstance is serious, it shall be ordered to suspend information updating, and shall be punished in accordance with applicable laws and administrative regulations.
Article 37 Where any network information content service platform violates Articles 9, 12, 15, 16 or 17 hereof, the cyberspace administration of a city divided into districts shall, ex officio, have a talk with it, issue a warning and order it to take corrective actions within the required time limit; where the network information content service platform refuses to take corrective actions or the circumstances are serious, it shall be ordered to suspend updating of the information and shall be punished in accordance with applicable laws and administrative regulations.
Article 38 Whoever violates Articles 14, 18, 19, 21, 22, 23, 24 or 25 hereof shall be punished by the cyberspace administration and other relevant competent authorities ex officio in accordance with the provisions of relevant laws and administrative regulations.
Article 39 Cyberspace administrations shall, in concert with the relevant competent authorities, establish and perfect a joint punishment mechanism for serious dishonesty in network information content services in accordance with laws, administrative regulations and the relevant provisions of the State, and shall take punishment measures, such as restricting the engagement in network information services, restricting online behaviors and prohibiting industry access, against network information content service platforms, producers and users of network information contents that seriously violate these Provisions according to laws and regulations.
Article 40 Whoever violates these Provisions and causes damages to others shall bear the civil liability according to law; if a crime has been constituted, the criminal liability shall be investigated according to law; if a crime has not been constituted, the offender shall be punished by the related competent authority according to laws and administrative regulations.
Chapter VIII Supplementary Provisions
Article 41 For the purpose of the present Provisions, a “producer of network information contents” refers to an organization or individual that produces, reproduces and releases network information contents.For the purposes of these Provisions, “network information content service platforms” shall mean network information service providers that provide network information content transmission services.
For the purposes of these Provisions, “users of network information content services” refer to the organizations or individuals that use such services.
Article 42 These Provisions shall come into force as of March 1, 2020.