Title: Measures on the Administration of Internet Live-streaming Services Promulgating Entities: Cybersecurity Administration Reference number: Promulgation Date: 2016-11-4 Expiration date: Source of text: http://news.jcrb.com/jxsw/201611/t20161104_1669939.html
Measures on the Administration of Internet Live-streaming Services
Article 1: These Provisions are formulated on the basis of the “Standing Committee of the National of the National People's Congress's Decision on Strengthening Protections for Online Information”, the "State Council's Notification of Authorization of the State Internet Information Office to be Responsible for Efforts to Management Internet Information Content”, "Measures for the Management of Internet Information Services", and the "Provisions on the Management of Internet News Information Services" so as to strengthen management of internet livestreaming services, to protect the lawful rights and interests of citizens, legal persons, and other organizations, and to safeguard national security and the public interest.
Article 2: Those who provide or use internet livestreaming services within the People's Republic of China shall abide by these Measures.
"Internet livestreaming" as used in these Measures, refers to Internet-based activities that continuously publish real-time information to the public in forms such as video, audio, images, or text; "internet livestreaming service providers" as used in these Measures refer to the entities that provide Internet livestreaming platform services; "Internet livestreaming service users [使用者]" as used in these Measures refers to internet livestreaming publishers and audiences [用户].
Article 3: The providers of internet livestreaming services shall comply with laws and regulations, uphold the correct orientation, vigorously carry forward the Socialist core values, cultivate a positive and healthy online culture, preserve a positive online ecology, preserve the national and public interests, and build a positive online space for the netizens, especially for the raising of young people.
Article 4: The State Internet Information Office is responsible for management and law enforcement efforts on the informational content of internet livestream services nationwide. Local internet information offices are responsible for supervision, management and law enforcement efforts on the informational content of internet livestream services within that administrative region and on the basis of their duties. The relevant State Council management departments are to conduct appropriate oversight and administration of internet livestreaming services on the basis of their duties.
All levels’ of internet information offices shall establish supervision and management structures that integrate daily supervision and inspection and regular inspections, and guide internet livestream service providers in regulating livestreaming services' conduct based on laws, regulations, and service agreements.
Article 5: Where Internet livestreaming service providers provide internet news information services, they shall obtain internet news information service credentials in accordance with law, and carry out internet news information services within the scope of their licenses.
Internet livestreaming publishers who carry out internet news information services shall obtain internet news information service credentials in accordance with law and provide services within the scope of their licenses.
Article 6: Those who provide internet livestreaming services through online performances, online audio-visual programs, and so forth, shall additionally obtain relevant credentials as provided for by laws and regulations.
Article 7: Internet livestreaming service providers implement entity responsibility, allot specialized personal corresponding to the service model, and complete systems such as for information review, information security management, duty patrols, emergency response, an technical safeguards. Where internet news information livestreaming services are provided, a chief editor shall be established.
Internet livestreaming service providers shall establish platforms for reviewing livestreaming content, so as to implement level-based and category-based management according to the content category and user scale of Internet livestreams, to add or broadcast identifying information of the platforms to livestreaming content such as images and texts, video, and audio, and to manage Internet news information livestreams and their interactional content in such a way that they are reviewed before being published.
Article 8: Internet livestreaming service providers shall possess technical capacity corresponding to their services, and shall possess the technical capacity to instantaneously cut off internet livestreams; and technical proposals should comply with relevant national standards.
Article 9: Internet livestreaming service providers and internet livestreaming service users must not use Internet livestreaming services to endanger national security, undermine social stability, disturb social order, infringe on others' lawful rights and interests, disseminate pornographic or obscene materials, or engage in other activities prohibited by laws and regulations; and must not use internet livestreaming services to produce, duplicate, publish, or disseminate information content prohibited by laws and regulations.
Article 10: When publishing news information, internet livestreaming publishers shall be truthful, accurate, objective, and fair. Reprinting of news information shall be complete and accurate, must not distort the content of the news information, and is to clearly indicate the sources in a prominent position, so as to as to ensure that the source of the news information can be located.
Article 11: Internet livestreaming service providers shall strengthen real-time management of interactive elements such as comments and comment barrages [弹幕 - a real-time overlay of comments streaming on top of a/v or other content]; and shall allot corresponding managers.
When livestreaming, internet livestreaming publishers shall provide livestreaming content that complies with the requirements of laws and regulations, and conscientiously maintain the order of livestreaming activities.
When participating in living-streaming interactions, audience member users shall abide by laws and regulations, interact in a civilized manner, and express themselves rationally.
Article 12: Internet livestreaming service providers shall follow the principle of "real names behind the scenes, but any name you want up front" , to conduct verification of internet livestreaming audience member users based on their mobile phone number and other valid identity information, and validate registration of internet livestream publishers based on their identity documents, business licenses, organization codes, and so forth. Internet livestreaming service providers shall examine and verify the real identity information of Internet livestreaming service publishers, file them for the record according to type with the internet information offices of the provinces, autonomous regions, or directly-governed municipalities where they are located, and provide it to relevant law enforcement departments when requests are made in accordance with law.
Internet livestreaming service providers shall protect the identity information and the privacy of internet livestreaming service users, and must not leak, tamper with, or damage it, and must not sell or illegally provide it to others.
Article 13: Internet livestreaming service providers shall sign service agreements with Internet livestreaming service users, make clear the rights and obligations of each party, and demand that they promise to comply with laws, regulations, and the platforms' convention.
The provincial, autonomous region, or directly governed municipality internet information office for the area of the internet livestreaming service provider is to guide and determine the necessary content of internet livestreaming service agreements and platform conventions.
Article 14: internet livestreaming service providers shall, based on the circumstances, give warnings, temporary suspensions of publication, account closure and other punitive measures to internet livestreaming service users that violate provisions of laws and service agreements, and promptly eliminate the violating livestreaming content, preserve records, and report it to the competent department.
Article 15: internet livestreaming service providers shall establish a stratified credit management system for internet livestreaming publishers, and provide management and services linked to their credit rating.
Internet livestreaming service providers shall establish a black list management system, prohibiting internet livestreaming service users who are entered into the list from opening new accounts and promptly reporting this to the provincial, autonomous region, or directly governed municipality internet information office for the area.
Provincial, autonomous region, or directly governed municipality internet information offices shall establish a system for circulating black lists, and report to the state internet information office.
Article 16: Internet livestreaming service providers shall record the content and log information for internet livestreaming service users, and preserve it for 60 days.
Internet livestreaming service providers shall cooperate with relevant departments lawfully conducting oversight inspections, and provide necessary documents, materials, and data.
Article 17: Where Internet livestreaming service providers and Internet livestreaming publishers provide Internet news information services without licenses, or exceeding the scope of their licenses, they are to be punished by the State Internet Information Office or by the internet information offices of provinces, autonomous regions, or directly-governed municipalities in accordance with the "Provisions on the Management of Internet News Information Services".
The State and local internet information offices are to give punishments in accordance with law for other illegal conduct in violation of these Provisions; and where a crime is constituted, pursue criminal responsibility in accordance with law. Where relevant laws and regulations are violated by the the provision of internet livestream services through internet performances, online a/v programs and so forth, the relevant departments are to give punishments in accordance with law.
Article 18: Encourage and support relevant industry organizations in the drafting of industry conventions, strengthening industry self-discipline, establishing and completing systems for industry credit information appraisal and service evaluation, promoting the development of industry standardization.
Article 19: Internet livestreaming service providers shall conscientiously accept social oversight, complete channels for social complaints and reporting, establish efficient portals for complaints and reports, and promptly handle the public's complaints and reports.
Article 20: These Measures take effect on December 1, 2016.