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Specifications for Website Platforms' Acceptance and Handling of Reports on Online Rights-Infringing Information Involving Enterprises

Article 1 These specifications are drafted on the basis of the Civil Code, the Cybersecurity Law, the Provisions on the Governance of the Online Content Ecology, the Provisions on the Management of Online User Account Information, and other laws, regulations, and relevant state provisions, and in consideration of actual conditions in reporting work, in order to regulate domestic website platforms' efforts to accept and handle reports of online rights-infringing information involving enterprises, and to better protect the online rights and interests of enterprises and entrepreneurs.

Article 2: These Specifications apply to domestic website platforms' acceptance and handling of reports of online rights-infringing information involving enterprises.

Article 3: Website platforms shall follow the principles of compliance with laws and agreements, division by type and grade, and concluding the handling in a set period of time, to quickly and accurately accept and address reports of online rights-infringing information on involving enterprises.

Article 4: Website platforms shall focus on accepting and addressing the following reported information on online infringement involving enterprises:

(1) Counterfeit information that confuses the identity of the enterprise;

(2) Misleading information that affects the fair judgment of the public;

(3) Rumor information that does not conform to the enterprises' objectively real conditions;

(4) Insulting information that derogates and smears enterprises or entrepreneurs;

(5) leaked information that violates entrepreneurs' personal privacy;

(6) Other information that maliciously interferes with enterprises' normal operation and development.

Article 5: Website platforms shall accept reports of online rights infringement involving enterprises that meet the following conditions:

(1) Submit a written report that can fully state the reported matters and clarify the reasons for the report;

(2) Submit the enterprise's business licenses, organization code, enterprise identification, and other materials showing credentials as the rights-holding entity; and if the report was made by proxy, it is necessary to provide proof of agency and authorizations;

(3) The name and contact information of the reporter;

(4) Submit the specific network address for which the necessary measures are requested to be employed, or relevant information from which the infringing information can be located;

(5) Submit preliminary evidence materials that can prove the infringement by the reported content;

(6) Submit a written declaration guaranteeing the truthfulness and legality of the report.

Article 6: Website platforms shall promptly address the following counterfeit information:

(1) Illegally using names, avatars, profile images, and other online account information that is the same or similar to an enterprise's name or logo or an entrepreneur's name and likeness.

(2) Publishing information while posing as an enterprise or entrepreneur;

(3) Illegally mirroring enterprises' official websites or APPs, or fraudulently using or pirating the filing and registration information or other prominent elements of enterprises' official websites or APPs;

(4) Other information that causes public confusion regarding enterprises' identity.

Article 7: In reviewing reports of counterfeit information, in principle website platforms are not to require evidence materials other than the identities of the enterprise, entrepreneur, and reporting agent. Where there are special circumstances making identification difficult based on the identity documents, the enterprises shall be allowed to provide evidence materials including, but not limited to:

(1) Proofs of inquiries into filings for the official website;

(2) Proof of possessing official accounts;

(3) Certificates of ownership issued by the relevant departments;

(4) enterprises' public announcements and declarations.

Article 8: Website platform shall promptly address the following misleading information:

(1) That which distorts the original meaning of news by adding or deleting information, changing its order, or adjusting ots structure;

(2) Outdated information that has been corrected or withdrawn by the relevant departments, news media, etc.;

(3) Deleting the time, place, and disposition of old news stories and incidents, and re-publishing them;

(4) Using exaggerated titles that are seriously inconsistent with the content;

(5) Emphasizing unfavorable facts, avoiding favorable facts, and overgeneralizing;

(6) Taking past remarks of entrepreneurs or enterprises' representatives out of context;

(7) Biased interpretation of various public announcements of the enterprise;

(8) Other information that causes public misunderstanding or misinterpretation.

Article 9: Website platforms reviewing misleading information shall permit the enterprises to provide preliminary evidence materials including but not limited to:

(1) Orignal news releases;

(2) A retraction letter from source media that is qualified for news gathering and editing;

(3) Documents or certificates issued by relevant departments in accordance with their authority;

(4) Information on the publicly implemented authority and conduct of relevant departments;

(5) The results of queries on relevant departments online information displays;

(6) Historical archives and records of the enterprises;

(7) The full text of the companies' public announcements.

Article 10: Website platforms shall promptly address the following rumor information:

(1) Fictional private lives of entrepreneurs.

(2) fabricating violations and crimes or improper business and production by enterprises;

(3) Inventing violations and crimes or moral lapses by entrepreneurs or enterprise staff;

(4) Exaggerating enterprises' or entrepreneurs' difficulties in production and business;

(5) Distorting enterprises' or entrepreneurs' normal production, business, and investment activities;

(6) Smearing the quality of enterprises' products or services;

(7) Disparaging enterprises' capacity for technological innovation;

(8) Other information that does not conform to enterprises' objective actual situations.

Article 11: When reviewing reports of rumor information, website platforms shall allow enterprises to provide preliminary evidence materials including but not limited to:

(1) Authoritative information dispelling the rumors;

(2) Documents or certificates issued by relevant departments in accordance with their authority;

(3) Information on the publicly implemented authority and conduct of relevant departments;

(4) The results of queries on relevant departments online information displays;

(5) Proofs of professional qualifications issued by relevant departments;

(6) Proofs issued by third-party institutions with specified qualifications;

(7) National standards, industry standards, and group standards;

(8) Contracts and agreements signed by the parties.

Article 12: Website platforms shall promptly address the following insulting information:

(1) Attacking and berating of enterprises or entrepreneurs;

(2) vandalizing or parodying photos of entrepreneurs’ likeness;

(3) Maliciously making associations to pornographic and vulgar topics;

(4) Other information smearing enterprises or entrepreneurs that violates public order and good custom

Article 13: In reviewing reports of insulting information, in principle website platforms are not to require evidence materials other than the identities of the enterprise, entrepreneur, and reporting agent.

Article 14: Website enterprises shall promptly address the following leaked information:

(1) Illegally disclosing entrepreneurs' personal identification information such as ID cards, passports, social security cards, household registration archives, etc.;

(2) Illegally disclosing entrepreneurs' personal contact information such as their home addresses, phone numbers, and email addresses;

(3) Other private information the disclosure of which is prohibited by laws and regulations.

Article 15: In reviewing reports of leaked information, in principle website platforms are not to require evidence materials other than the identities of the enterprise, entrepreneur, and reporting agent.

Article 16: Website platforms shall promptly address the following information that maliciously interferes with enterprises' normal production and business, including but not limited to:

(1) Blackmailing and extorting in the name of public opinion supervision;

(2) Maliciously gathering negative information about an enterprise;

(3) Publishing negative reports and comments on enterprises for the purpose of seeking illegal benefits;

(4) Malicious conducting marketing by hyping hot incidents involving enterprises;

(5) Manipulating cross-platform accounts, associated accounts, or matrix accounts to consolidate the posting of malicious attacks on enterprises or entrepreneurs;

(6) Using one's own information publication to attack and disparage competitors through advantages in technology, traffic, and influence;

(7) Providing fake or untrue information recommendation words for enterprises or entrepreneurs.

Article 17: Website platforms reviewing reports of malicious interference with enterprises' normal production and business shall allow enterprises to provide preliminary evidence materials including but not limited to:

(1) Documents or certificates issued by relevant departments in accordance with their authority;

(2) Information on the publicly implemented authority and conduct of relevant departments;

(3) Other evidentiary evidence collected by the enterprise itself.

Article 18: The website platform may refuse to address malicious reports such as reports with falsified evidence, flood reports 【 astroturf/artificial traffic】, etc.

Article 19: Website platforms shall comprehensively consider factors such as the seriousness of the rights-infringing information involving enterprises, the frequency of its publication, the public sentiment impact, and the harmfulness to society, to handle reports of rights-infringing information involving enterprises by type and grade, regularly and correctly, in accordance with the principles of blending leniency and severity, and uniform standards.

Article 20: Website enterprises shall employ deletion or equally effective measures to address reports of rights-infringing information involving enterprises where the facts are clear and the evidence presented is sufficient.

Article 21: Website platforms shall employ measures of 'a limited period of added privacy' where the grounds for a report on online rights-infringing information involving enterprises is sufficient but it is difficult to present sufficient evidence in a short period of time, and there are also the following situations:

(1) The reported information is published at a key node in the enterprises' production, business, or development;

(2) The matter involved in the reported information has been formally investigated by the relevant department;

(3) Other situations that might cause a larger negative impact on the enterprises if not addressed promptly.

Article 22: Website enterprises shall set up dispute labeling or provide clarification and response services for reports of online rights-infringing information involving enterprises where the grounds for the report are sufficient but it is difficult to present sufficient evidence in a short period of time, and there are also the following situations:

(1) There enterprise and the reported entity have disputes in areas such as labor, contract, stocks, assets, debts, or spending;

(2) The enterprise and the reported entity have interests in each other or have a competitive relationship;

(3) The enterprise has initiated judicial or administrative procedures on the matters involved in the reported information, such as litigation or reporting;

(4) The matter involved in the reported information cannot be confirmed by the relevant department;

(5) Other situations where not promptly addressing them might lead to a large public misunderstanding.

Article 23: Website platforms shall employ disposition measures against network accounts in reports of online rights-infringing information involving enterprises where the facts are clear, the presentation of evidence is sufficient, but there are the following situations exist:

(1) They are counterfeits or forgeries;

(2) They continue to publish rights-infringing information involving enterprises, despite punishment;

(3) Were maliciously the first to send rights-infringing information involving enterprises, or sent it multiple times;

(4) Maliciously collecting negative information on enterprises or publishing negative information involving enterprises, conducting blackmail and extortion;

(5) Other situations that are serious.

Article 24: Where the reported entity raises objections to the disposition measures, website platforms shall request that the reported entity provide relevant proofs of non-infringement and handle it in light of the circumstances based on a comprehensive assessment of the evidence presented by both sides.

Article 25: Where website platforms accept reports of online rights-infringing information from parties with interests in enterprises such as stockholders, management, child companies, operational partners, etc., and find that it is necessary to employ corresponding disposition measures, they shall report to the provincial-level internet information departments for review. Major matters are to be reported to the relevant division of the Office of the Cybersecurity Administration.

Article 26: Website platforms and related practitioners must not abuse their right to report for dispositions and illegal acts such as deleting posts for compensation or as a personal courtesy are strictly prohibited, and it is strictly prohibited to use reporting and disposition rights to seek improper benefits.

Article 27: Website platforms shall establish and complete rules systems. make strict work processes, regulate hierarchical controls, strengthen internal oversight, and ensure that reports of information on online rights-infringing information involving enterprises are accepted in accordance with laws and regulations.

Article 28: Website platforms shall establish work ledgers and truthfully record the entire process of accepting and handling reports of online rights-infringing information involving enterprises, retain all data for at least six months, and provide them when internet information departments make inquiries in accordance with law.

Article 29: All levels of department reporting internet information shall establish and complete work systems for routine and special inspections, conducting oversight and management of local website platforms' efforts on the acceptance and handling of reports of online rights-infringing information involving enterprises.

 

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