Provisions on the Management of Online A/V Information Services

Promulgation Date: 2019-11-18
Title: Notice on the Issuance of the "Provisions on the Management of Online A/V Information Services"
Document Number:GuoXinBanTongZi （2019）No.3
Expiration date: 
Promulgating Entities: State Internet Information Office, Ministry of Culture and Tourism, State Administration of Radio and Television
Source of text: http://www.nrta.gov.cn/art/2019/11/29/art_113_48908.html

Article 1: These Provisions are formulated on the basis of the "P.R.C. Cybersecurity Law" the "Measures on the Administration of Internet Information Services", the "Provisions on the Management of Internet News Information Services", the "Temporary Provisions on the Administration of Internet Culture", the "Provisions on the Management Internet A/V Program Services" so as to promote the healthy and orderly development of online A/V information services, protect the lawful rights and interests of citizens, legal persons, and other organizations, and preserve the national security and the public interest.

Article 2: Those who engage in A/V information services within the mainland territory of the People's Republic of China shall abide by these Provisions.

"Online A/V information services" as used in these Provisions refers to providing A/V information production, publication, or transmission services to the public through websites, program applications, and other online platforms.

"Online A/V information service providers" refers to organizations or individuals providing online A/V information services to the public. "Online A/V information service users" refers to organizations or individuals using online A/V information services.

Article 3: All levels of departments such as those for internet information, culture and tourism, radio and television, are to carry out efforts on the oversight and management of online A/V information based on their duties.

Article 4: Online A/V information service providers and users shall obey the Constitution, laws, and administrative regulations, to persist in the correct political direction, direction for public opinion guidance, and value bearing; promoting the Core Socialist Values and promoting the formation of an active, healthy, upward bound, and positive online culture.

Article 5: The state is to encourage and guide internet industry organizations to increase self-discipline, building and completing industry standards and norms for online A/V information services, promoting the establishment of an online A/V information service industry credit system, overseeing and urging online A/V information service providers' lawful provision of services and acceptance of public oversight, increasing the professional literacy of those engaged in online A/V information services, and promoting the healthy and orderly development of the industry.

Article 6: Online A/V information service providers shall lawfully acquire the relevant credentials as provided by laws and administrative regulations.

Article 7: Online A/V information service providers shall implement entity responsibility for information content security management, allot specialized personnel corresponding to the scale of their services, and establish and complete systems such as for user registration, review of information for publication, information security management, emergency response, practitioner education and training, protection of minors, and intellectual property rights protections; posses safe and controllable technological safeguards and prevention measures appropriate for the development of new technologies and applications, effectively respond to network security incidents, prevent illegal and criminal activities online, and preserve the integrity, security, and usability of online data.

Article 8: Online A/V information service providers shall follow the provisions of the "P.R.C. Cybersecurity Law" to carry out real identity verification of users based on organization codes, identification numbers, mobile phone numbers, and other such methods. Where users do not provide truthful identification information, online A/V information service providers must not provide them with information publication services.

Article 9: Online A/V information services as well as related information technologies, must not be used by any organization or individual to engage in activities that are prohibited by laws and regulations, such as those endangering national security, undermining social stability, disrupting social order, or violating the lawful rights and interests of others; or to create, publish, and transmit information content that is prohibited by laws and regulations such as incitements to subvert state sovereignty, endanger political security and social stability, online rumors, pornography, as well as infringement of the lawful rights and interests of others such as their reputation, image, privacy, or intellectual property rights.

Article 10: Where, based on new technologies and applications such as deep learning and virtual reality, online A/V information service providers put A/V information services online that have media characteristics or functions of mobilizing the public, or adjust or add such functions, they shall carry out a security assessment in accordance with relevant state provisions.

Article 11: Online A/V information service providers and users use new technologies or applications such as deep learning and virtual reality to create, publish, or transmit false A/V information, they shall label it in a conspicuous manner.

Online A/V information service providers and users must not use new technologies or applications such as deep learning and virtual reality to create, publish, or transmit fake news information. Where re-posting A/V news information, it shall be that posted by units within the range designated by the state.

Article 12: Online A/V information service providers shall strengthen management of A/V information published by users, setting up techniques for identifying A/V materials that violate laws or regulations, as well as fake A/V materials, and where it is discovered that online A/V information service users have produced, published, or transmitted information content that is prohibited by laws and regulations, shall stop transmission of that content in accordance with law and agreements, and employ measures to eliminate or otherwise address it, preventing the spread of the information, storing related records, and reporting to the departments for internet information, culture and tourism, radio and television, and so forth.

Where online A/V information service providers discover information content that does not meet the requirements of the first paragraph of article 11 of these Provisions, they shall immediately stop transmission of the information, and may not continue transmission of the information until it is conspicuously labeled.

Article 13: Online A/V information service providers shall establish and complete mechanisms for dispelling rumors, and where discovering that online A/V information service users are using deep learning or virtual reality produced images and A/V materials to produce, publish, or transmit rumors, they shall promptly employ relevant measures to dispel the rumors and report the relevant information to departments such as those for internet information, culture and tourism, and radio and television, for recording.

Article 14: online A/V information service providers shall clarify the rights and obligations of both parties when signing service agreements with online A/V information service users, and require that the users obey these Provisions and related laws and regulations. Employ measures against online A/V information service users who violate these Provisions, relevant laws or regulations, or service agreements such as giving warnings to make changes, restricting functions, suspending updates, or closing accounts; store relevant records, and report to departments such as those for internet information, culture and tourism, and radio and television.

Article 15: Online A/V information service providers shall conscientiously accept social oversight, set up convenient outlets for complaints and reports, announce information such as the methods for making complaints and reports, and promptly handle the public's complaints and reports.

Article 16: Entities providing online A/V information services with technical support shall comply with relevant laws, regulations, and national standards and norms, employing technical measures and other necessary measures to ensure network security and stable operations.

Article 17: All levels’ of departments such as those for internet information, culture and tourism, and radio and television shall establish oversight and management structures that integrate routine oversight inspections and periodic inspections, and shall guide online A/V information service providers in regulating online A/V information services' conduct based on laws, regulations, and service agreements.

Online A/V information service providers shall obey relevant laws and regulations to lawfully retain network logs and cooperate with departments such as those for internet information, culture and tourism, and radio and television, to carry out oversight and management enforcement efforts, and provide necessary technical and data supports and assistance.

Article 18: Where online A/V information service providers and users violate these Provisions, departments such as those for internet information, culture and tourism, and radio and television are to handle it in accordance with the "P.R.C. Cybersecurity Law" the "Measures on the Administration of Internet Information Services", the "Provisions on the Management of Internet News Information Services", the "Temporary Provisions on the Administration of Internet Culture", the "Provisions on the Management Internet A/V Program Services"; where a violation of the administration of public security is constituted, public security administrative sanctions are to be given in accordance with law; and where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 19: These Provisions take effect from January 1st, 2020.