Notice on Efforts to Strengthen Management of Online Live Streaming 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.

Promulgation Date: 2018-8-1
Title:Notice on Efforts to Strengthen Management of Online Live Streaming Services
[Document Number]
Expiration date: 
Promulgating Entities:全国“扫黄打非”工作小组办公室 工业和信息化部 公安部等
Source of text: http://www.shdf.gov.cn/shdf/contents/709/383850.html

To the general office of each provincial, autonomous region, or directly governed municipality leading working groups for the "elimination of pornography and illegal publications", their communications authority, public security department (bureau), culture department (bureau); news publication, radio, television and film bureau; and internet information office:

In recent years, the relevant departments have continuously increased their efforts to inspect and address the problem of internet information service providers engaged in online live streaming service (hereafter simply "online live streaming service") repeatedly transmitting obscene information, and combating a wave of enterprises violating laws and regulations . At present, initial progress in controlling the problem of using online live streaming services to transmit obscene and vulgar information, and there have been increases in enterprises' awareness and capacity for performing enterprise liability, but there are still some online live streaming services that illegally transmit harmful information online without getting permits, and the threat to society is quite large, and their has been intense public feedback. The following notice is hereby given on efforts strengthening the management of online live streaming services so as to implement the requirements of the "Measures on the Administration of Internet Information Services", the "Measures on the Administration of Filing Illegally Operating Internet Information Operators", the "Measures on the Administration of Telecommunications Permits", the "Provisions on the Management of Internet Live Streaming Services", the "Notice on Issues Relating to Strengthening Management of Online Audio-visual Streaming Services", and other relevant provisions'; further cleaning up cyberspace.

I. Strengthen Management Efforts for Approvals and Filings of Online Live Streaming Services. online live streaming service providers should lawfully perform website ICP filing formalities with the competent departments for telecommunications; and online live streaming service paroviders that involve telecommunications business operations and Internet news information, online performances, online audiovisiual program broadcasting, and other such operations shall apply separately to the relevant departments to obtain permits such as for telecommunications business, Internet news information services, online cultural businesses, and transmission of audiovisual programs on information networks; and follow the relevant provisions to perform public security filing formalities with the area's public security organs within 30 days of the streaming services going online.

Providers of Internet access service operations, Internet data center operations, and content distribution network operations (hereafter simply "network access services") must not provide network access services to online live streaming service providers that have not performed ICP filing formalities and have not obtained the relevant permits for operations.

Mobile smart terminal software application distribution platforms, (hereafter simply "App Stores") must not provide mobile smart terminal application software (hereafter simply "APP") distribution services for online live streaming service providers that have not performed ICP filing formalities and have not obtained the relevant permits for operations.

II. Strengthen Basic Management Efforts for Online Live Streaming. All network access service providers should follow requirements to report online live streaming services' ICP, IP address, domain names, and other such information to each areas' bureau for communications administration through the "Ministry of Industry and Information ICP/IP address/domain name information filing and management system".

Relevant departments will establish a blacklist of illegal online live streaming service providers, network access service providers should verify online live streaming service providers' ICP, IP address, and domain name information, and must not provide network access services to online live streaming service website or APPs that have inconsistent information or are on the blacklist.

APP stores must not provide distribution services for online live streaming service APPs that are on the blacklist.

Each online live streaming service provider should follow the requirements to implement a real name system for users, strengthening management of online hosts, establishing a blacklist system for hosts, completing and improving systems for monitoring and reviewing stream content and measures for handling illegal and harmful content.

III. Organize and carry out efforts to clear out online live streaming services with storage violations network access services providers and App stores should immediately conduct comprehensive checks, requiring that online live streaming service providers that have not provided ICP filing formalities or relevant permit materials provide supplementary materials within two months, stop services for those that are still unable to provide the relevant materials after two months, and immediately stop services for online live streaming service providers that refuse to provide the relevant materials.

IV. Establish and complete working mechanisms for oversight and management of online live streaming services. Online live streaming service providers should carry out operations in strict accordance with permits, and must not use live streaming services to create, reproduce, disseminate, or transmit information content that is prohibited by laws or regulations.

Network access service providers should follow the requirements to establish systems such as for content review, information filtering, and handling of complaints and reports; should establish 24-7 emergency response mechanisms; should strengthen the establishment of technical management and control techniques; and should follow requirements to address conduct in online livestreams that violates laws or regulations.

Online live streaming service providers shall follow the requirements of relevant laws and regulations to record content published by the users of their live streaming services and log information, and store if for a certain period; network access service providers must not provide services to online live streaming service providers that do not have the capacity for storage themselves and have not purchased storage services. Network access service providers and online live streaming service providers shall lawfully cooperate with relevant departments' supervision, inspections, investigation, and collection of evidence, and provide necessary documents, materials, and data.

V. Where network access service providers or APP stores do not perform reviews to handle their approvals and filings and their oversight and management obligations, causing the transmission of harmful information; the relevant regulatory department is to investigate and handle it in accordance with relevant laws and regulations.

General Office of the National Working Group for the 'Elimination of Pornography and Illegal Publications.'

Ministry of Industry and Information Technology

Ministry of Public Security

Ministry of Culture and Tourism

State Administration of Radio and Television

State Internet Information Office

2018/8/1

 

About China Law Translate 830 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.


*