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Provisions on the Governance of Cyberviolence Information

Promulgating Entities: Cybersecurity Administration of China, Ministry of Public Security, Ministry of Culture and Tourism, State Administration of Radio and Television

 

Chapter I: General Provisions

Article 1 These Provisions are drafted on the basis of the "P.R.C. Cybersecurity Law", PRC Personal Information Protection Law, the PRC Law on Public Security Administration Punishments, the Measures on the Administration of Internet Information Services, and other such laws and administrative regulations, in order to govern cyberviolence information, create a positive online ecosystem, safeguard citizens' lawful rights and interests, and preserve the societal public interest.

Article 2: These Provisions apply to activities in the governance of the cyberviolence information within the [mainland] territory of the People's Republic of China.

Article 3: The governance of cyberviolence information is to adhere to the principles of prevention at the source, combining prevention and control, treating symptoms and root causes, and collaborative governance.

Article 4: The State internet information department is responsible for the overall coordination of the governance of cyberviolence information throughout the nation and for related oversight and management work. Relevant departments of the State Council, such as for public security, culture and tourism, and radio and television, are to carry out efforts on the oversight and management of cyberviolence information on the basis of their respective duties.

Local internet information departments are responsible for the overall coordination of the governance of cyberviolence information within the corresponding administrative region and for related oversight and management work. Relevant local departments such as for public security, culture and tourism, and radio and television are to carry out efforts on the oversight and management of cyberviolence information in the corresponding administrative region on the basis of their respective duties.

Article 5: Network-related industry organizations are encouraged to strengthen self-discipline, carry out popular legal education and publicity on the governance of cyberviolence information, urge and guide online information service providers in strengthening the governance of cyberviolence information and accepting societal oversight, and providing support such as aid and assistance to users who have suffered infringement by through cyberviolence information.

Chapter II: Ordinary Provisions

Article 6: Online information service providers and users shall adhere to the Core Socialist Values, comply with laws and regulations, respect social mores and ethics, promote the formation of an active, healthy, and uplifting culture online, and maintain a positive online ecology.

Article 7: Online information service providers shall fulfill the primary responsibility for managing online information content, establishing and improving mechanisms for the governance of cyberviolence information, and completing systems such as for user registration, account management, protection of personal information, review of published information, monitoring and early warnings, and identifying and addressing cyberviolence information.

Article 8: Online information service providers that provide users with services such as information publishing and instant messaging shall conduct real identify verification of users in accordance with law. Where users do not provide real identity information, internet information service providers must not provide them with the relevant services.

Online information service providers shall strengthen the management of user account information, providing assistance in verifying account information to entities related to victims who have suffered infringement from cyberviolence information; preventing and stopping entities pretending to be, posing as, or maliciously associating themselves with related entities from improperly registering accounts or publishing information.

Article 9: Online information service providers shall draft and publicly release management rules and platform covenants, sign service agreements with users indicating rights and obligations regarding the governance of cyberviolence information, and perform the corresponding management responsibilities in accordance with laws and agreements.

Article 10: Illegal information involving cyberviolence must not be produced, reproduced, published, or transmitted by any organization or individual, and all organizations and individuals shall prevent and reject the production, reproduction, publication, or transmission of negative information involving cyberviolence.

Cyberviolence incidents must not be used by any organization or individual to carry out acts of malicious marketing hype such as stirring up interest or increasing traffic, and must not produce, reproduce, publish, or transmit cyberviolence information through models such as batch registration or manipulating user accounts.

Organizations and individuals must not provide support and assistance, such as for data, technology, traffic, or capital to other persons that they know are engaged in illegal or criminal cyberviolence activities.

Article 11: Online information service providers shall periodically publish announcements on the governance of cyberviolence information and include the related work situation in annual reports on efforts to govern the online information content ecology.

Chapter III: Prevention and Early Warnings

Article 12: Under the guidance of the state internet information department and the relevant departments of the State Council, online information service providers shall refine standards and rules for categorizing cyberviolence information, establish and complete databases of cyberviolence traits and example cases, and technological means that combine manual review with technologies such as AI and big data technology to strengthen the identification and monitoring of cyberviolence information.

Article 13: Online information service providers shall establish and complete early warning models for cyberviolence information, considering factors such as the type of incident, the targetted entities, the number of participants, the information content, the number of publications, the scenario, reports, and complaints, to promptly discover early warnings of cyberviolence information risks.

Where online information service providers discover that there are risks of cyberviolence information, they shall promptly respond to societal concern, guide users to interact civilly and express themselves rationally, and promptly employ measures such as dynamic checking of real identity information, pop-up alerts, notices of violations, and limiting traffic for irregular accounts; and where situations such as a notable increase in the browsing, searching, commenting, or reporting of relevant content are discovered, they shall also promptly report to the relevant departments.

Article 14: Online information service providers shall establish and complete credit management systems for user accounts, recording violations of laws and rules involving cyberviolence in users' credit records, reducing account credit levels or entering them on blacklists in accordance with laws and agreements, and restricting account functions or stopping the provision of related services.

Chapter IV: Handling Information and Accounts

Article 15: Where online information service providers discover illegal information involving cyberviolence, or discover negative information involving cyberviolence in eye-catching positions or areas that easily attract users' attention in their services, they shall immediately stop its transmission and employ means to address it such as through deletion, blocking, or breaking links, store relevant records, and report to the relevant departments. Where suspected violations or crimes are discovered, they shall be promptly reported to the public security organs with relevant leads provided, and efforts such as investigations and handling shall be cooperated with.

Article 16: Internet news information service providers shall adhere to the correct political, public opinion, and value orientation, and strengthen public interest publicity on the governance of cyberviolence information.

Internet news information service providers must not use means such as exaggerating facts, sensationalizing, and biased reporting to collect, publish, or reprint news information involving cyberviolence. Where services for posting comments on internet news information are provided, they shall be reviewed before publication.

Where internet news information service providers collect and publish or reprint news information involving cyberviolence untruthfully or unjustly, they shall immediately make public corrections and eliminate the impact.

Article 17: Online information service providers shall strengthen content management for services such as online AV programs and online performances, and where it is discovered that such services contain cyberviolence information, they shall promptly delete the information or stop providing the related services; and they shall strengthen content for services such as livestreams and short videos, promptly cutting off livestreams that contain cyberviolence information and dealing with short videos that contain cyberviolence information.

Article 18: Online information service providers shall strengthen the management of comments, and where cyberviolence information is produced, reproduced, published, or transmitted through means such as comments, replies, messages, bullet comments, or 'likes', they shall immediately employ measures to address it such as deletion, blocking, closing comments, or stopping the provision of the relevant services.

Article 19: Online information service providers shall strengthen the management of online forum communities and online groups, prohibiting users from producing, reproducing, publishing, or transmitting cyberviolence information in blocks, text strings, super topics [themed chat groups], and groups, prohibiting the establishment of forum communities and group accounts that contain cyberviolence information as anonymous submissions or 隔空喊话 [a form of aggregating anonymous posts using networked bots as masks].

The founders and managers of online forum communities and groups shall perform management responsibilities, and where they discover that users have produced, reproduced, published, or transmitted cyberviolence information, they shall employ management measures such as restricting them from speaking or expelling them from the group, in accordance with laws and agreements.

Article 20: The creators and operators of official accounts shall establish and complete mechanisms for information security reviews throughout the full process of publication and promotion and interactive commenting; and where it is discovered that there is cyberviolence information in the account's comments, they shall promptly employ measures such as reporting or addressing it.

Article 21: Online information service providers shall employ measures to address users who violate article 10 of these Provisions, such as warnings, deleting information, limiting account functions, or closing accounts, and store the relevant records; for those who organize, incite, repeatedly public cyberviolence information, online information service providers shall also employ measures to address them in accordance with laws and agreements such as blacklisting and prohibiting registration.

For conduct such as where cyberviolence incidents are used to carry out marketing hype, in addition to the provisions of the preceding paragraph, measures such as cleaning up subscriptions to follow the account and suspending monetization authority shall also be employed in accordance with laws and agreements.

Article 22: Online information service providers shall employ measures in accordance with laws and agreements such as warnings, suspending monetization authority, restricting the provision of services, or settlement and checking to address multi-channel distribution services that organize or incite the production, reproduction, publication, or transmission of cyberviolence information.

Chapter V: Protection Mechanisms

Article 23: Online information service providers shall establish and complete full-network functions for the prevention of cyberviolence information, providing users with convenient-to-use options for preventing cyberviolence information such as blocking unknown users or designated users, setting the range of visibility for information one publishes themself, or prohibiting forwarding or commenting on information one publishes.

Online information service providers shall improve private messaging rules, providing users with convenient-to-use options for preventing cyberviolence information such as receiving private messages from friends only or refusing all private messages, and are encouraged to provide functions such as smart-blocking of private messages or self-designating terms for blocking.

Article 24: Where online information service providers discover that users are facing a risk of cyberviolence, they shall promptly notify the user in a conspicuous fashion and inform them of prevention measures they may employ.

Where online information service providers discover risks of cyberviolence information involving the following situations, they shall also provide users with guidance on preventing cyberviolence information and protective aid services, assist in initiating prevention measures, and report to relevant departments such as for internet information and public security:

(1) Cyberviolence information is infringing on the lawful rights and interests of users such as minors, the elderly, and persons with disabilities;

(2) Cyberviolence information infringes on users' personal privacy;

(3) Other situations that might cause cause harm to users' persons or property, or other serious consequences, if measures are not promptly employed.

Article 25: Where online information service providers discover and address cyberviolence information, they shall promptly preserve data such as the information content, and the number of views, comments, and forwards. Online information service providers shall provide users with functions such as shortcuts for collecting evidence of cyberviolence information, to facilitate users' protection of their rights in accordance with laws and agreements.

Where departments such as public security and internet information collect evidence in accordance with law, the online information service providers shall promptly provide the necessary technical support and assistance.

Article 26: 网络信息服务提供者应当自觉接受社会监督,优化投诉、举报程序,在服务显著位置设置专门的网络暴力信息快捷投诉、举报入口,公布处理流程,及时受理、处理公众投诉、举报并反馈处理结果。

网络信息服务提供者应当结合投诉、举报内容以及相关证明材料及时研判。 对属于网络暴力信息的投诉、举报,应当依法处理并反馈结果;对因证明材料不充分难以准确判断的,应当及时告知用户补充证明材料;对不属于网络暴力信息的投诉、举报,应当按照其他类型投诉、举报的受理要求予以处理并反馈结果。

Article 27: 网络信息服务提供者应当优先处理涉未成年人网络暴力信息的投诉、举报。 发现涉及侵害未成年人用户合法权益的网络暴力信息风险的,应当按照法律法规和本规定要求及时采取措施,提供相应保护救助服务,并向有关部门报告。

网络信息服务提供者应当设置便利未成年人及其监护人行使通知删除网络暴力信息权利的功能、渠道,接到相关通知后,应当及时采取删除、屏蔽、断开链接等必要的措施,防止信息扩散。

Chapter VI: Oversight Management and Legal Responsibility

Article 28: Internet information departments, in conjunction with relevant departments such as for public security, culture and tourism, and radio and television, are to conduct oversight inspections of online information service providers' governance of cyberviolence information.

网络信息服务提供者对网信部门和有关部门依法实施的监督检查应当予以配合。

Article 29: 网信部门会同公安、文化和旅游、广播电视等有关部门建立健全信息共享、会商通报、取证调证、案件督办等工作机制,协同治理网络暴力信息。

公安机关对于网信、文化和旅游、广播电视等部门移送的涉网络暴力信息违法犯罪线索,应当及时进行审查,并对符合立案条件的及时立案侦查、调查。

Article 30: 违反本规定的,依照《中华人民共和国网络安全法》、《中华人民共和国个人信息保护法》、《中华人民共和国治安管理处罚法》、《互联网信息服务管理办法》等法律、行政法规的规定予以处罚。

法律、行政法规没有规定的,由网信、公安、文化和旅游、广播电视等有关部门依据职责给予警告、通报批评,责令限期改正,可以并处一万元以上十万元以下罚款;涉及危害公民生命健康安全且有严重后果的,并处十万元以上二十万元以下罚款。

对组织、煽动制作、复制、发布、传播网络暴力信息或者利用网络暴力事件实施恶意营销炒作等行为的组织和个人,应当依法从重处罚。

Article 31: Where violations of these Provisions cause injury to others, civil liability is to be borne in accordance with law; where it constitutes a violation of public security administration, public security administration punishments are to be given in accordance with law; where a crime is constituted, criminal responsibility is to be pursued in accordance with law.

Chapter VII: Supplemental Provisions

Article 32: 本规定所称网络暴力信息,是指通过网络以文本、图像、音频、视频等形式对个人集中发布的,含有侮辱谩骂、造谣诽谤、煽动仇恨、威逼胁迫、侵犯隐私,以及影响身心健康的指责嘲讽、贬低歧视等内容的违法和不良信息。

Article 33: These Provisions do not apply to those who lawfully report or expose others' violations and crimes online or to the implementation of public opinion oversight in accordance with law.

Article 34: These Provisions take effect on August 1, 2024.

 

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