Provisions on Management of Microblog Information Services

ALL TRANSLATIONS ON THIS SITE ARE UNOFFICIAL AND ARE PROVIDED FOR REFERENCE PURPOSES ONLY. THESE TRANSLATIONS ARE CREATED AND CONTINUOUSLY UPDATED BY USERS --THEY ARE FREE TO VIEW, BUT PROPER ATTRIBUTION IS REQUIRED FOR DISTRIBUTION OF THESE OR DERIVATIVE TRANSLATIONS.

Title: Provisions on Management of Microblog Information Services
Promulgating Entities:State Internet Information Office
Reference number: 
Promulgation Date: 2018-2-2
Expiration date: 
Source of text: http://news.jcrb.com/jxsw/201802/t20180202_1839618.html

Article 1: These Provisions are formulated on the basis of the "Cybersecurity Law of the P.R.C."and the“State Council's Notification of Authorization of the State Internet Information Office to be Responsible for Efforts to Manage Internet Content", so as to promote the healthy and orderly development of microblog information services, to protect the lawful rights and interests of citizens, legal persons, and other organizations, and to preserve national security and the public interests.

Article 2: Those who engage in microblog information services within the mainland territory of the People's Republic of China shall abide by these Provisions.

The term "microblog" as used in these Provisions refers to social network services built on mechanisms by which users focus, and primarily used for information dissemination and acquisition, mainly in the form of short words, pictures and videos.

Microblog service providers refers to entities providing microblog platform services. Microblog service providers refers to entities providing microblog platform services.

Microblog information services refers to providing microblog platform services as well as using microblog platform services to engage in information publishing, dissemination, and other such acts.

Article 3: The State Internet Information Office is responsible for supervision, management, and law enforcement efforts on microblog information services nationwide. Local internet information offices are responsible for supervision, management and law enforcement efforts on the informational content of microblog information services within that administrative region and on the basis of their duties.

Article 4: Microblog service providers shall lawfully acquire the relevant credentials as provided by laws and regulations.

Where internet news information services are provided to the public, they shall obtain internet news information service permits in accordance with law and carry out internet news information services within the scope of their licenses; it is prohibited to carry out Internet news information service activities without a permit or beyond the scope of the permit.

Article 5: Microblog service providers shall give play their active function of promoting economic development and serving the public, shall carry forward the core socialist values, broadcast advanced culture, uphold the correct orientation of public opinion, and advocate lawful, civilized, and safe use of the internet.

Article 6: Microblog service providers shall implement entity responsibility for information content security management; shall establish and complete comprehensive systems for user registration, verifying published information, management of posts and comments, emergency response, and education and training of personnel; shall have secure and controllable technological safeguards and preventative measures; and shall allot management personnel commensurate to the scope of services.

Microblog service providers draft platform service rules, shall sign service agreements with microblog service users, making clear the rights and obligations of each party, and require that microblog service users comply with relevant laws and regulations.

Article 7: Microblog service providers shall follow the principle of "real names behind the scenes, whatever you like up front" and organize verification and periodic confirmation of real identity information through means such as organization numbers, identification numbers, and mobile phone numbers. Where microblog service users do not provide truthful identification information, microblog service providers must not provide them with information publishing services.

Microblog service providers shall ensure the security of microblog service users' information, and must not leak, tamper with, or damage it, and must not sell or illegally provide it to others.

Article 8: Where microblog service users for upfront real-name verified accounts, they shall provide valid identification materials conforming to their authentication information.

Where mainland microblog service users with organizational characteristics apply for upfront real-name verified accounts, they shall provide valid identification materials such as their organization code certificate and their business licenses.

Where foreign [non-mainland] organizations and institutions apply for upfront real-name verified accounts, they shall provide valid identification materials provided by their institution based in China.

Article 9: Microblog service providers shall follow the principles of hierarchical and categorical management, and formulate specific management systems based on the microblog service users' entity type, content published, number of followers, credit level, and so forth, and provide corresponding services; and this is to be filed with the State and provincial, autonomous region, or directly governed municipality internet information offices.

Article 10: Microblog service providers shall conduct verification of the authentication information for microblog service users applying for upfront real-name verified accounts, and file them by category with the State or provincial, autonomous region, or directly governed municipality internet information office on the basis of the place of registration. Where the supporting materials and authentication information provided by microblog service users have discrepancies, the microblog service providers must not provide them with upfront real-name verification services.

All levels of government and Party organ, enterprise and public institutions, people's organization, news media, and other organizations and institutions have the responsibility to manage the information content, posts, and comments from the upfront real-name verified account. Microblog service providers shall provide management authority and other necessary support.

Article 11: Microblog service providers shall establish and complete mechanisms for dispelling rumors, and shall actively employ rumor dispelling mechanisms when discover that microblog service users are publishing or disseminate rumors or untrue information.

Article 12: Microblog service providers and microblog service users must not use microblogs to publish or disseminate information content that is prohibited by laws and regulations.

Where microblog service providers discover that microblog service users have published or disseminated information content prohibitted by laws or regulations, they shall immediately stop the transmission of that information and adopt measures such as deletion in accordance with law, preserve relevant records, and record the matter with the relevant competent departments.

Article 13: Microblog service providers using new technologies, adjusting or adding application functions of a news and public opinion nature or with social mobilization capability, they shall report the matter to the State or, provincial, autonomous region, or directly governed municipality Internet information offices to conduct security assessments.

Article 14: Microblog service providers shall conscientiously accept social oversight, establish effective portals for complaints and reports, and promptly handle the public's complaints and reports.

Article 15: The state encourages and guides internet industry organizations to establish and complete microblog industry self-discipline systems and industry norms, to promote credit ratings in the microblog industry and the establishment of a credit system, and stimulate microblog service providers lawful provision of services in accordance with law and acceptance of social oversight.

Article 16: Microblog service providers shall obey relevant state laws and regulations, and cooperate with relevant departments in carrying out supervision, management, and law enforcement efforts, and shall provide necessary technical support and assistance.

Microblog service providers shall record microblog service users' log information, and store it for at least six months.

Article 17: Microblog service providers' violations of these provisions will be handled by the relevant departments in accordance with the relevant laws and regulations.

Article 18: These Provisions take effect on March 20 2018.

About China Law Translate 725 Articles
CLT is a crowdsourced, crowdfunded legal translation project that enables English speaking people to better understand Chinese law.

Be the first to comment

Leave a Reply

Your email address will not be published.


*