In order to effectively strengthen the governance of online violence information and create a good online ecology, in accordance with the Cybersecurity Law of the People's Republic of China, the Personal Information Protection Law of the People's Republic of China, and other laws and administrative regulations, the Cyberspace Administration of China has drafted the Provisions on the Governance of Online Violence Information (Draft for Comments), which is now open to the public for comments.
Provisions on the governance of online violence information
(Draft for solicitation of comments)
Chapter I General Provisions
Article 1: These Provisions are drafted on the basis of the "Cybersecurity Law of the People's Republic of China", the "Personal Information Protection Law of the People's Republic of China" and other laws and administrative regulations, so as to strengthen the governance of online violence information, create a good online ecology, protect citizens' lawful rights and interests, and preserve the public interest.
Article 2: These Provisions apply to online violence information governance activities within the territory of the People's Republic of China.
"Online violence information" as used in these Provisions refers to illegal and negative information such as insults, abuse, rumor-mongering, invasion of privacy, moral kidnapping, disparagement and discrimination, and malicious speculation that seriously affects physical and mental health, published centrally to individuals through the Internet.
Article 3: The state internet information departments are responsible for overall planning and coordination of national efforts on online violence information governance and related oversight and management.
Local internet information departments at all levels are responsible for overall planning and coordination of online violence information governance and related oversight and management efforts within their administrative regions.
Article 4: Relevant industry organizations are encouraged to strengthen industry self-discipline, urging and guiding online information service providers to strengthen online violence information governance and accept social oversight.
Chapter II General Provisions
Article 5: Online information service providers shall perform the primary responsibility for information content management, establishing and improving mechanisms for online violence information governance, completing systems such as account management, information release review, monitoring and early warning, reporting and rescue, and online violence information handling.
Article 6: Network information service providers shall strengthen the management of network user account information, preventing parties to counterfeiting, counterfeiting, or maliciously associated with online violence incidents from registering or publishing information in violation of regulations, and assisting parties in conducting personal account authentication.
Article 7: Network information service providers shall draft and disclose management rules and platform conventions, clarifying in user agreements the responsibilities that users should bear for producing, reproducing, publishing, and disseminating online violence information, and performing corresponding management duties in accordance with laws and agreements.
Article 8: Online information service providers shall periodically publish announcements on the governance of online violence information, and report on relevant work in the annual report on efforts to govern the online information content ecosystem.
When it is discovered that there is a risk of online violence, network information service providers shall promptly publish the situation of governance efforts, respond to social concerns, guide netizens to speak out rationally, and prevent and resist online violence.
Chapter III: Monitoring and Early Warning of Information on Online Violence
Article 9: Network information service providers shall establish and complete standards for classifying online violence information and a sample database of typical cases, clearly detailing standards for online violence information on the basis of distinguishing between public opinion oversight and goodwill criticism, increasing the accuracy of identification.
Article 10: Network information service providers shall dynamically manage key accounts involving online violence on the basis of historical information releases, violations of regulations, reports and complaints, and so forth, and promptly employ intervention and restriction measures.
Article 11: Network information service providers shall establish and complete early warning models for online violence information, comprehensively considering dimensions such as the type of incident, target subjects, number of participants, information content, frequency of releases, link scenarios, and reporting and complaints, to promptly discover and warn of risks of online violence.
Chapter IV: Handling of Online Violence Information
Article 12: Where network information service providers discover online violence such as insults, abuse, rumor-mongering, slander, or invasion of privacy, they shall employ measures such as deleting and blocking, disconnecting links, or restricting transmission. Negative information involving online violence must not be presented in key links provided for in article 11 of the "Provisions on the Governance of the Online Information Content Ecosystem", to prevent the spread of online violence information.
Article 13: Network information service providers shall strengthen management of the content of post comment information, promptly handling online violence information published or disseminated through methods such as comments, replies, messages, barrages, and likes.
Article 14: Online information service providers shall strengthen management of online community sections and network groups, and must not collect online violence information in links such as entries, topics, overtalk, groups, and post bars, and prohibit the creation of topic sections and group accounts that publish content such as anonymous submissions, air shouts, and so forth.
The founders and managers of online community sections and online groups shall perform management responsibilities, regulate members' online conduct and information release, and where it is discovered that users have produced, reproduced, published, or disseminated online violence information, they shall employ management measures such as moving out of the group in accordance with laws and agreements.
Article 15: Online information service providers shall strengthen reviews of live streaming and short video content, promptly blocking live streaming of information involving online violence, and handling short videos containing online violence information.
Article 16: Internet news information service units shall adhere to the correct orientation of public opinion, strengthen reviews of the authenticity and legality of information content, must not exaggerate and hype incidents of online violence, and implement review of news information post comments before publication.
Article 17: Organizations and individuals must not use online violence incidents to carry out malicious marketing hype such as stir-up popularity, promotion and drainage, intentional deviation from the rhythm, or cross-platform transportation and splicing of false information. Network information service providers must not provide traffic, funds, or other support for accounts, institutions, and so forth that spread online violence.
Chapter V: Protection Mechanisms
Article 18: Network information service providers shall establish and improve online violence protection functions, providing settings such as one-click closure of strangers' private messages, comments, forwarding, and message reminders. When users face the risk of online violence, they shall promptly send system information to prompt them to activate one-click protection.
Article 19: Network information service providers shall improve rules for private messages, allowing users to set up only receiving private messages from friends or refusing to receive all private messages as needed. Take technical measures to block the transmission of online violence information through private messages.
Article 20: When network information service providers discover the following circumstances, they shall promptly assist the parties in initiating one-click protection, and truly strengthen the parties' protections:
(1) Where parties to online violence involve minors, the elderly, and so forth;
(2) Where parties indicate that they have suffered online violence during the public stage;
(3) Other circumstances where serious consequences may be caused if compulsory intervention measures are not taken in a timely manner.
Article 21: Network information service providers shall set up special portals for quick complaints and reports of online violence information in conspicuous locations, open telephone numbers for online violence information complaints and reports, and simplify procedures for complaints and reports.
Network information service providers shall promptly accept and study judgments in combination with the content of complaints and reports and relevant supporting materials, and handle and feedback the results in accordance with laws and regulations on situations that are clearly classified as online violence, and where it is verified that it is not online violence, they shall handle it in accordance with other types of report acceptance requirements and feedback the results.
Article 22: Network information service providers shall provide users with functions such as one-click evidence collection of online violence information, increasing the ease of evidence collection. Provide timely and necessary technical support and assistance for user rights protection, judicial organs, relevant departments' investigation and evidence collection work, and so forth in accordance with laws and regulations.
Article 23: Adhere to the principle of the best interests for minors, and strengthen special and priority protections for minors. Online information service providers shall prioritize handling reports of online violence involving minors. Where it is discovered that minor users are at risk of suffering online violence, they shall immediately dispose of the information on violations of laws and regulations, provide protection and rescue services, and report to the relevant departments.
Chapter VI: Supervision and Management and Legal Responsibility
Article 24: The internet information departments are to lawfully conduct oversight and inspections of the implementation of online information service providers' efforts to govern information on online violence.
Article 25: The internet information departments, together with relevant departments, are to establish and complete working mechanisms such as information sharing, consultation and notification, evidence collection and investigation, and case supervision, and coordinate efforts to carry out information governance efforts on online violence.
Article 26: Where network information service providers violate these Provisions, punishments are to be given in accordance with the "Cybersecurity Law of the People's Republic of China", "Personal Information Protection Law of the People's Republic of China", and other laws and administrative regulations.
Where laws or administrative regulations do not provide for it, all levels of internet information departments shall, on the basis of their duties, give warnings, circulate criticism, order corrections within a time limit, and may also impose a fine of between 10,000 and 100,000 RMB; Where the failure to handle it in a timely manner causes serious consequences such as citizens' lives, health, and safety, a fine of between 100,000 and 200,000 RMB is given, and information updates may be ordered to be suspended.
Network information service providers initiating or organizing online violence, or using online violence to carry out malicious marketing and hype, shall be severely punished in accordance with law.
Article 27: Network information service providers shall employ measures such as warning communication, suspension of commercial gains, restrictions on the provision of services, and settlement and withdrawal of online institutions that organize or incite the release of online violence information in accordance with laws and regulations.
Article 28: Where network users violate these Provisions, network information service providers shall employ measures such as warning reminders, restricting account functions, or closing or canceling accounts in accordance with laws and agreements; Where information is first published, frequent, organized, or incited to publish online violence, measures such as blacklisting and prohibiting re-registration are to be employed.
Where malicious marketing, illegal profit-making, or other conduct is carried out through online violence, in addition to the provisions of the preceding paragraph, measures such as removing new fans and suspending profit-making authority shall be employed in accordance with laws and agreements.
Network information service providers shall store relevant records and promptly report to the internet information and other relevant competent departments.
Article 29: Those who violate these provisions and cause damage to others shall bear civil liability in accordance with law; Where a violation of public security administration is constituted, public security administration punishments shall be given in accordance with law; Where a crime is constituted, criminal responsibility shall be pursued in accordance with law.
Chapter VII Supplementary Provisions
Article 30: The State Internet Information Office is responsible for the interpretation of these Provisions.
Article 31 These Provisions shall come into force as of the beginning of this year.
Source: CCTV News