IT Home January 5 news, the State Internet Information Office on August 1, 2016 officially implemented the "Mobile Internet Application Information Service Management Regulations" revised, is now open to the public for comments.
IT House understands that the Draft for Comments contains a total of 27 articles:
Chapter I General Provisions
Article 1: These Provisions are formulated on the basis of the "Cybersecurity Law of the People's Republic of China," the "Data Security Law of the People's Republic of China," the "Law of the People's Republic of China on the Protection of Personal Information," the "Law of the People's Republic of China on the Protection of Minors," the "Measures for the Administration of Internet Information Services," the "Provisions on the Administration of Internet News Information Services," the "Provisions on the Ecological Governance of Online Information Content," and other legal provisions, so as to standardize mobile Internet application information services, protect the lawful rights and interests of citizens, legal persons, and other organizations, and preserve national security and the public interest.
Article 2: The provision of information services through mobile Internet applications (hereinafter referred to as applications) within the territory of the People's Republic of China, and the engagement in application distribution services such as Internet application stores, shall comply with these Provisions.
"Application information services" as used in these Provisions refers to activities such as providing users with services such as text, pictures, voice, and video production, reproduction, publication, and dissemination of information through applications, including types of information services such as instant messaging, news information, knowledge quiz, forum communities, online live broadcasts, e-commerce, online audio and video, and life services.
"Engaging in application distribution services such as Internet application stores" as used in these Provisions refers to activities that provide users with services such as application publishing, downloading, and dynamic loading through the Internet, including types of platform distribution services such as application stores, fast applications, Internet mini programs, and browser plug-ins.
Article 3: The State Internet Information Office is responsible for supervision, management, and law enforcement efforts for application information content nationwide. Local Internet information offices are responsible for the supervision, management, and law enforcement of application information content within that administrative region on the basis of their duties.
Article 4: Application providers and application distribution platforms shall abide by the Constitution, laws, and administrative regulations, follow public order and good customs, perform social responsibilities, adhere to the correct political direction, public opinion orientation, and value orientation, carry forward the core socialist values, develop a positive and healthy network culture, preserve a clear cyberspace, enrich the people's spiritual and cultural life, and promote social civilization and progress.
Application providers and application distribution platforms must not use applications to engage in activities prohibited by laws and regulations, such as endangering national security, disrupting social order, or infringing on the lawful rights and interests of others.
Article 5: Application providers and application distribution platforms shall perform the main responsibilities for information content management, establish and complete management systems such as for information content security management, information content ecological governance, network data security, personal information protection, and protection of minors, to ensure information content security, create a good network ecology, and strengthen the protection of users' rights and interests.
Chapter 2 Application Providers
Article 6: Where applications provide users with services such as information release or instant messaging, they shall conduct authentic identity information authentication based on methods such as mobile phone numbers, ID card numbers, or unified social credit codes for users applying for registration. Where users do not provide real identity information, or fraudulently use the identity information of organizations or others for false registration, they must not be provided with relevant services.
Article 7: Application providers providing Internet news information services through applications shall obtain Internet news information service licenses, and it is prohibited to carry out Internet news information service activities without permission or beyond the scope of permission.
Where the provision of other Internet information services requires the review and consent of the relevant competent departments or the acquisition of relevant licenses in accordance with law, the services may only be provided after the relevant competent departments have reviewed and approved or obtained relevant permits.
Article 8: Application providers shall formulate and disclose management rules and platform conventions, sign service agreements with registered users, clarify the relevant rights and obligations of both parties, and require registered users to comply with these Provisions and relevant laws and regulations.
Article 9: Application providers shall establish and complete mechanisms for reviewing and managing information content, establish and improve management measures such as for user registration, account management, information review, routine inspections, and emergency response, and allocate professionals and technical capabilities appropriate to the scale of services.
For registered users who violate relevant laws and regulations and service agreements, the application provider shall, in accordance with the law, employ disposal measures such as warnings, restricting functions, and closing accounts, and keep records and report to the relevant competent departments.
Article 10: Application providers shall standardize operation and management conduct, and must not use false publicity, bundled downloads, or other such conduct, or use illegal and negative information to induce users to download, and must not use machine or manual means to brush lists, brush quantities, and control evaluations, creating false traffic.
Article 11: Applications shall comply with the mandatory requirements of national standards related to network security. When an application provider discovers that there are security defects, vulnerabilities, or other risks in its application, it shall immediately take remedial measures, promptly inform users in accordance with regulations, and report to the relevant competent departments.
Article 12: Carrying out application data processing activities shall perform data security protection obligations, establish and complete a full-process data security management system, employ technical measures to ensure data security and other security measures, strengthen risk monitoring, and must not endanger national security or the public interest, and must not harm the lawful rights and interests of individuals or organizations.
Article 13: Engaging in application personal information processing activities shall follow the principles of lawfulness, propriety, necessity, and good faith, have clear and reasonable purposes and disclose processing rules, comply with relevant provisions on the scope of necessary personal information, standardize personal information handling activities, employ necessary measures to ensure the security of personal information, must not compel users to consent to non-essential personal information handling conduct for any reason, and must not refuse users to use their basic functional services because users do not agree to provide non-essential personal information.
Article 14: Application providers shall adhere to the principle of being most beneficial to minors, pay attention to the healthy growth of minors, perform all obligations for minors' online protection, strictly implement requirements for real-name registration and login of minor user accounts, and must not provide minor users with relevant products and services that induce their addiction in any form.
Article 15: Application providers online with new technologies, new applications, or new functions that have the attributes of public opinion or the ability to mobilize society shall conduct a security assessment in accordance with relevant national provisions.
Chapter 3 Application Distribution Platform
Article 16: Application distribution platforms shall file a record with the Internet Information Office of the province, autonomous region, or municipality directly under the Central Government where they are located within 30 days of their business going online and operating. When handling the filing, the following materials shall be submitted:
(1) The basic circumstances of the platform operating entities;
(2) Information such as platform name, domain name, access services, service qualifications, and types of applications on the shelves;
(3) Materials such as commercial Internet information service licenses or non-commercial Internet information service filings obtained by the platform;
(4) Article 5 of these Provisions requires the establishment and completion of relevant system documents;
(5) Platform management rules, conventions, service agreements, etc.
The Internet Information Office of a province, autonomous region, or municipality directly under the Central Government conducts a review of the authenticity and completeness of the filing materials, and those that meet the requirements shall be filed for the record.
The State Internet Information Office publishes to the public a list of application distribution platforms that have completed filing formalities.
Article 17: Application distribution platforms shall establish categorical management systems, carry out categorical management of applications on the shelves, and file applications with the Internet Information Office of the province, autonomous region, or municipality directly under the Central Government where the application distribution platform is located.
Article 18: Application distribution platforms shall employ measures such as compound verification to conduct authentic identity information authentication based on multiple methods such as mobile phone numbers, ID card numbers, or unified social credit codes for application providers applying for listing. Based on the different subject nature of the application provider, publicize information such as the provider's name and unified social credit code.
Article 19: Application distribution platforms shall conduct a review of application names, icons, profiles, information services, personal information collection and use conduct, and so forth, and where it is found to be inconsistent with the real identity information of the registered entity, especially those who use the Party and state image logo in violation of the law or in the name of a state organ, they must not provide services; Where organizations have lawful rights and interests, they shall stop providing services.
Where the information services provided by applications fall within the scope of Article 7 of these Provisions, the application distribution platform shall verify the relevant licensing and other circumstances; where they fall within the scope of Article 15 of these Provisions, the application distribution platform shall verify the security assessment. Where verification is not passed, the provision of services shall be stopped.
Article 20: Application distribution platforms shall establish application monitoring and assessment mechanisms, increase technical capabilities and management effectiveness, resolutely crack down on online black and ash production, prevent data fraud such as download volumes and evaluation indicators, and must not conduct false publicity by means such as fictitious download volumes or fabricated evaluations.
Article 21: Application distribution platforms shall sign service agreements with application providers, clarifying the relevant rights and obligations of both parties, and performing management responsibilities in accordance with laws and regulations.
Application distribution platforms shall establish and improve management and technical measures, and promptly discover and prevent application violations of laws and regulations.
For applications that violate relevant laws and regulations and service agreements, the application distribution platform shall take disposal measures such as warnings, suspension of services, and removal from shelves in accordance with the law, keep records and report to the relevant competent departments.
Chapter IV: Supervision and Management
Article 22: Application providers and application distribution platforms shall consciously accept social oversight, set up eye-catching and convenient entrances for complaints and reports, announce methods for complaints and reports, complete mechanisms such as for acceptance, disposition, and feedback, and promptly handle public complaints and reports.
Article 23: Internet industry organizations are encouraged to establish and complete industry self-discipline mechanisms, formulate and improve industry norms and self-discipline conventions, guide member units to establish and complete service specifications, provide information services in accordance with laws and regulations, preserve market fairness, and promote the healthy development of the industry.
Article 24: The internet information departments, together with relevant competent departments, are to establish and complete working mechanisms, supervising and guiding application providers and application distribution platforms in engaging in information service activities in accordance with laws and regulations.
Application providers and application distribution platforms shall cooperate with the supervision and inspections carried out by relevant competent departments in accordance with law, and provide necessary technical support and assistance.
Article 25: Where application providers and application distribution platforms violate these Provisions, the internet information departments and relevant competent departments are to handle them within the scope of their duties in accordance with relevant laws and regulations.
Chapter V Supplementary Provisions
Article 26: "Mobile Internet applications" as used in these Provisions refers to application software that runs on mobile smart terminals to provide information services to users.
"Mobile Internet application providers" as used in these Provisions refers to the owners or operators of mobile Internet applications that provide information services.
"Mobile Internet application distribution platform" as used in these Provisions refers to Internet information service providers that provide distribution services such as the release, download, and dynamic loading of mobile Internet applications.
Article 27: These Provisions take effect in January 2022.
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