Measures on Credit Information Management for Seriously Untrustworthy Internet Information Services Entities (Draft for solicitation of comments)

[Source]http://www.cac.gov.cn/2019-07/22/c_1124782573.htm
【意见期限】至2019年8月21日

Article 1: These Measures are drafted so as to promote the establishent of credit in the field of internet information services and to protect the lawful rights and interests of citizens, legal persons, and other organizations, on the basis of the "The Cybersecurity Law of the P.R.C.", the "Planning Outline for the Establishment of a Social Credit System (2014-2020)", the "The State Council Guiding Opinions on Establishing and Improving Systems of Joint Incentives for Trustworthiness and Joint Disciplinary Action for Untrustworthiness and Accelerating the Establishment of the Social Credit System", the "Guiding Opinion on Accelerating the Advancement of the Establishment of the Social Credit System with New Forms of Credit-based Regulatory Mechanisms" and the "State Council Notification of Authorization of the State Internet Information Office to Take Responsibility for Efforts on the Management of Internet Information Content".

Article 2: These Measures apply to internet information departments' implementation of credit blacklist management and joint disciplinary action for untrustworthiness against seriously untrustworthy internet information services, in conjunction with relevant departments,

"Seriously Untrustworthy Internet Information Services Entities" as referred to in these Measures, refers to relevant entities that have seriously untrustworthy conduct in the provision or use of internet information services in the [mainland] territory of the People's Republic of China. Where untrustworthy entities are legal persons, the targets of application are the legal persons and their legal representatives, and the directly responsible managers and other personnel directly responsible for the untrustworthy conduct; where untrustworthy entities are organizations other than legal persons, the targets of application are the organizations and their principle responsible persons, and and the directly responsible managers and other personnel directly responsible for the untrustworthy conduct; where the untrustworthy entities are natural persons, the targets of application are the natural persons themselves.

These measures do not apply to juveniles.

Article 3: 'Internet information departments' as referred to in these Measures refers to the State Internet Information Office and provincial, autonomous region, or directly governed municipality internet information offices.

The State Internet Information Office is responsible for aggregating all the blacklists and key scrutiny lists for all kinds of seriously untrustworthy internet service entities in the nation as verified by internet information departments, sharing them with relevant departments, and releasing them to the public.

The State Internet Information Office is responsible for designations, sharing, release, and management of blacklists and key scrutiny lists of seriously untrustworthy entities that have received State Internet Information Office administrative punishments or that have been spoken with several times but not made sufficient corrections.

Provincial, autonomous region, or directly governed municipality internet information offices are responsible for designations and management of the blacklist and key scrutiny lists for seriously untrustworthy internet services entities within that administrative region, and reporting them to the State Internet Information Office for uniform sharing and publication.

Article 4: Where internet information service providers and users have any of the following circumstances, the internet information departments are to designate it as seriously untrustworthy conduct in the field of internet information services and enter the entity actors into the blacklist for of seriously untrustworthy internet information service entities:

(1) Where, due to violations of laws or regulations on internet information content management, they were given an administrative punishment of closing a website, cancelling business permits, or cancelling business licenses, revoking permits, or cancelling filings; either by the internet information departments alone or in conjunction with other relevant departments.;

(2) Where due to violations of laws or regulations on internet information content management, they were given an administrative punishment other than those describe in item (1) above, either by the internet information departments alone or in conjunction with other relevant departments, and refused to perform on it or failed to perform in the time required;

(3) Seriously undermined the order of cyberspace transmissions, harming the societal public interest and the lawful rights and interests of the masses, and creating a vile social impact by fabricating, publishing, or transmitting information contrary to social mores, commercial morality, or honesty and credit; or intentionally providing technical or equipment support or other services for the fabrication, publishing, or transmitting information contrary to social mores, commercial morality, or honesty and credit.

(4) other situations of violating laws, administrative regulations where the circumstances of untrustworthiness of are serious.

Article 5: Entities with more serious untrustworthy conduct, or several occurrences of slightly untrustworthy conduct, in the field of internet information services, that have not reached the standard for blacklist designation, are to be entered into lists for key scrutiny:

(1) Where due to violations of laws or regulations on internet information content management, they were given an administrative punishment other than those describe in item (1) of article 4 of these Measures, either by the internet information departments alone or in conjunction with other relevant departments;

(2) The were given a talking to by the internet information departments three or more times (including 3) within one year of untrustworthy violations occurring;

(3) They have other situations of untrustworthy violations that require key scrutiny.

Article 6: After aggregation, the State Internet Information Office is to follow relevant provisions on the establishment of the social credit system to carry out procedures for announcement on the 'Credit China' website of blacklist designations proposed by internet information departments in accordance with these measures, and accept objections put forward by relevant units and individuals. The announcement period is to be 15 working days, and list information that is announced without objection is to be shared and published in accordance with relevant provisions.

Article 7: The State Internet Information Office should send the blacklist and key scrutiny list it designates and aggregated to the unit leading the establishment of the social credit system at that level, and share it on the national credit information sharing platform.

After provincial, autonomous region, or directly governed municipality internet information offices send blacklist and key scrutiny list designations to the State Internet Information Office for uniform sharing and publication, they are to be shared with the unit leading the establishment of the social credit system at the same level.

Article 8: Internet information departments are to release blacklist information in accordance with these Measures and following the principles of disclosure in accordance with law, fairness and equity, strict gate-keeping, and protection of rights and interests. The State Internet Information Office, together with relevant departments, is to publish blacklist information on the "Credit China" website, and publish information involving enterprises on the national enterprise credit information announcement system. Key scrutiny lists are to be selectively disclosed externally.

Article 9: Publication of information on blacklisted untrustworthy internet service entities is usually to include the following content:

(1) The entities' basic information: where the entities are legal persons, this includes the legal person's name, unified social credit code, legal representative, and the names and identification numbers (concealing the numbers for birthdate, same below) of directly responsible managers and other personnel directly responsible for the untrustworthy conduct, and so forth; where the entity is an organization other than a legal person, this includes the organizations' name, unified social credit code, and the names and identification numbers of directly responsible managers and other personnel directly responsible for the untrustworthy conduct, and so forth; and where the entities are natural persons, this includes the natural persons' names and their identification numbers;

(2) the grounds for entry onto the list, including the facts of the seriously untrustworthy conduct, the departments making the designations, the basis for the designations, the date of the designations, and so forth;

(3) Other information that the internet information departments find should be published.

Article 10: Information that involves state secrets, commercial secrets, or personal privacy; or that might endanger national security, public safety, economic security, and social stability, is lawfully not to be published. Necessary technical processing should be carried out before the release of information involving state secrets, commercial secrets and personal privacy that truly needs to be released.

Untrustworthy entity list information that cannot be disclosed in accordance with law, may be sent to the parties' units or other regulatory departments for handling.

Article 11: Refer to the relevant provisions on the establishment of the social credit system for implementation of credit restoration and blacklist or key scrutiny list exit for seriously untrustworthy internet service entities.

The effective period for the blacklist is usually 3 years, and the period for publication of blacklist information is the same as the effective period. Where 3 years has past since the blacklist information took effect and no further untrustworthy violations have occurred during the effective period, or where the factual basis for listing the untrustworthy entity on the blacklist has been revoked, stop publication and withdraw it from prior channels of publication. Where violence or threats are used to obstruct or resist enforcement of administrative punishment decisions and the circumstances are serious where untrustworthy conduct provided for in articles 4 or 5 of these Measures occurs during the blacklists' effective period, an extension of between 1-3 years may be given. Information on untrustworthy entities that are to be removed from the blacklist should be removed within 5 working days.

Where blacklist subjects restore their credit by methods such as actively correcting untrustworthy conduct and eliminating negative social impact, perform relevant obligations in accordance with provisions on the establishment of the social credit system, and apply to the department that made the designation for removal from the blacklist, they may be removed early from the blacklists upon verification and agreement.

Article 12: Where relevant units and individuals have objections to being entered onto a blacklist, they may submit objection appeals to the departments making the designations and provide supporting materials. Within 15 working days of receiving an objection application, the designation departments are to respond as to whether it is accepted, and respond to the parties with the outcome of the review within 20 days of acceptance. Where upon review they should not have been entered into the blacklist, they should be removed within 5 working days.

Article 13: In accordance with relevant provisions on the establishment of the social credit system, the internet information departments and other relevant departments are to sign memorandum of understanding on joint disciplinary action, implementing punishment measures in accordance with law, such as restrictions on engagement in Internet information services, restrictions on online conduct, and bars on industry entry for internet information service providers and users that are entered on the blacklist. Where removed from the blacklist in accordance with articles 11 and 12 of these Measures, they are no longer to be targets of joint disciplinary action.

Where internet information service providers or users have been designated as seriously untrustworthy by departments such as for telecommunications, public security, culture and travel, the People's Bank of China, market supervision, radio and television, or news and publication, the department making the designation is to punish them in accordance with laws and regulations. In accordance with provisions on the establishment of the social credit system, internet information departments are to cooperate in the enforcement of joint disciplinary action against internet information service providers and users that are entered onto blacklists for untrustworthiness by other regulatory departments.

Article 14: Internet information service providers should follow relevant provisions to establish credit archives for network platform users, and should periodically report those listed as seriously untrustworthy users (including real name registration identification information) to the internet information departments for their area, and upon verification by the internet information departments in accordance with articles 4 and 5 of these Measures, enter them into the blacklist for seriously untrustworthy entities or key scrutiny list, based on the circumstances.

Article 15: Encourage industry associations and chambers of commerce and credit service establishments, to cooperate with internet information departments collection of information on seriously untrustworthy conduct in the field of internet services, in accordance with laws and regulations.

Article 16: These Measures take effect on __/__/20__. Where previously released provisions do not accord with these Measures, enforcement is to be in accordance with these Measures.