Promulgation Date: 2022-9-9 Title: Provisions on the Management of Internet Pop-up Window Information Pushing Services Document Number: Expiration date: Promulgating Entities: 国家互联网信息办公室 工业和信息化部 国家市场监督管理总局 Source of text: http://www.cac.gov.cn/2022-09/08/c_1664260384702890.htm
Article 1: These provisions are drafted on the basis of laws and regulations such as the PRC Cybersecurity Law, The PRC Law on Protection of Minors, The PRC Advertising Law, The Measures on the Administration of Internet Information Services, the Provisions on the Management of Internet News Information Services, so as to regulate internet pop-up window information pushing services, protect national security and the public interest, protect the lawful rights and interests of citizens, legal persons, and other organizations, and promote the healthy and orderly development of the industry.
Article 2: These Provisions apply to the provision of internet pop-up window information pushing services within the mainland territory of the People's Republic of China.
"Internet pop-up window information pushing services" as used in these Provisions refers to information push services provided to internet users as pop-up information windows using operations systems, application software, websites, and so forth.
"Internet pop-up window information pushing service providers" as used in these Provisions refers to organizations or individuals providing internet pop-up window information pushing services.
Article 3: Internet pop-up window information pushing services shall comply with the Constitution, laws, and administrative regulations, carry forward the Core Socialist Values, persist in the correct political orientation, public opinion guidance orientation, and value orientation; and maintain a clean and positive cyberspace.
Article 4: Internet pop-up window information pushing service providers shall implement primary responsiblity for managing information content, and establish and complete management systems such as for reviewing information content, ecosystem governance, data security, the protection of personal information, and the protection of minors.
Article 5: The following requirements shall be complied with in providing internet pop-up window information pushing services:
(1) Illegal and negative information as provided for in the Provisions on the Governance of the Online Information Content Ecosystem must not be pushed, especially content that goes against public good customs such as by maliciously stirring up entertainment scandals, gossip about private matters, flaunting wealth and extravagance, and distorted aesthetics; and old news about a related topic must not be put together and pushed for the purpose of malicious hype.
(2) Where Internet news information service permits have not been acquired, news information must not be pushed by pop-up window; and where pop-up pushing of information involves other internet information services that require the review and consent of relevant departments or obtaining a related permit in accordance with law, it shall be upon review and consent of the relevant departments or after a permit is obtained.
(3) Where news information is pushed by pop-up windows, the List of Internet News Source Units published by the State Internet Information Office shall be strictly followed; there must be no reprinting beyond this scope, the original intent of the title and the content of the news information must not be distorted or altered, and the source of the news information must be traceable.
(4) Increase the diversity of information pushed by pop-up windows, scientifically setting up the ratios of news information and vertical domain content to embody an active, healthy, and uplifting mainstream value orientation; content that stirs up hot social topics or sensitive incidents, vile cases, disasters, accidents, and the like must not be grouped together and pushed, leading to public panic.
(5) Complete management and regulation for information content pushed by pop-up windows, improving work flows such as for information screening, editing, and pushing, and allocate a review force commensurate with the scale of services, to strengthen the review of information content pushed by pop-up window;
(6) Safeguard the rights of users, notifying users in service agreements and so forth of the specific form and content frequency of pop-up information push services, and of channels for canceling them, fully consider the user experience and scientifically plan the frequency of pushes, there must not be an unreasonable difference in pushing for ordinary users and for members, users' closing of pop-up windows must not be disrupted or impacted in any form, and the information in pop-up windows shall clearly indicate the identity of the pop-up information push service provider;
(7) Algorithm models that induce user addiction, excessive spending, or that otherwise violate laws and regulations or go against ethics and morality must not be set up; algorithms must not be used to carry out conduct such as malicious blocking of information or excessive recommendations; and algorithms must not be used to create profiles of users who are minors or to push information to them that might impact their physical or psychological health;
(8) Where advertising information is pushed by pop-up window, it shall be recognizable and have a conspicuous "advertisement" label and close button, to ensure that advertisements can be closed with a single click;
(9) Pop-up information pushing must not be used to maliciously embed information such as third-party links or QR codes, and pop-up information pushing must not be used to induce user clicks to carry out traffic fraud or hijacking.
Article 6: internet pop-up window information pushing service providers shall conscientiously accept social oversight, establish effective portals for complaints and reports, and promptly handle the public's complaints and reports on pop-up information pushing services.
Article 7: Encourage and guide internet industry organizations to establish and complete norms for the internet pop-up window information pushing service industry to lead the healthy and orderly development of the industry.
Article 8: In conjunction with relevant departments such as for telecommunications and market administration, the internet information departments are to establish and complete working mechanisms such as for coordination and oversight, and oversee and guide internet pop-up information push service providers' provision of services in accordance with laws and regulations.
Article 9: Where internet pop-up window information pushing service providers violate these provisions, the internet information departments, telecommunications departments, market administration departments, and other relevant departments are to address it in accordance with relevant laws and regulations within the scope of their duties.
Article 10: These provisions take effect on September 30, 2022.