Assist enterprises to "go light" and Shanghai opens up a green channel for dealing with corporate network infringement and false information
A clear online environment is an important component of the business environment. For a period of time, from fabricating facts and subjectively assuming false information, to distorting interpretations and deliberately hyping inappropriate statements, there have been occasional bizarre remarks on the internet that affect economic development and smear the business environment, which have had an impact on the image of enterprises and entrepreneurs, as well as undermined the confidence and stable expectations of the entire society. How to protect the legitimate rights and interests of enterprises and entrepreneurs on the internet, and create a good online public opinion atmosphere for enterprises to focus on their careers and seek development without distraction?
On September 15th, the Central Cyberspace Administration issued the latest Guiding Opinions on Further Strengthening the Reporting of Network Infringement Information, emphasizing the need to effectively safeguard the legitimate rights and interests of enterprises on the internet, and refining the ten key points for the acceptance and disposal of enterprise infringement and false information. The Cyberspace Administration of the Shanghai Municipal Party Committee has actively responded and is promoting the implementation of relevant work norms, fully leveraging the "green channel" of accepting and handling reports of enterprise related online infringement.
Corporate side: genuinely feeling cared for
In April of this year, an industrial software development company in Shanghai was celebrating its successful landing on the Science and Technology Innovation Board when it was splashed with "dirty water". Originally, multiple self media accounts appeared on the internet to amplify and hype the phenomenon of excessive fundraising, which is a common phenomenon among new stocks on the Science and Technology Innovation Board, implying that the company's listing is not compliant. "Just as we were in a hurry, the Cyberspace Administration and Finance Office of Pudong New Area informed us of a fast disposal channel. Our superior units provided us with compliance certification materials, and the Cyberspace Administration of Shanghai Municipal Committee intervened to handle false information, helping us eliminate negative effects. A series of measures made us feel the importance that Shanghai attaches to the rights and interests of innovative enterprises." The enterprise representative sighed.
Behind the emphasis is actually a series of innovative work methods. What online infringement behaviors are companies facing? What are the challenges in addressing them? How to provide fair and efficient administrative remedies? All kinds of problems need to be clarified.
Since October 2022, the Central Cyberspace Administration has issued multiple policy documents related to enterprise network infringement. The Cyberspace Administration of the Shanghai Municipal Party Committee has actively responded by conducting research on common issues of false information infringement in enterprises, as well as successful experiences in response, by visiting the Shanghai Stock Exchange, Pudong New Area, and Yangpu District. Collaborate with the Shanghai Securities Regulatory Commission, the Municipal Local Financial Supervision Bureau, and the Cyberspace Administration of various districts to gather information on the rights protection of planned and already listed enterprises in their respective regions, review and verify evidentiary materials, and guide enterprises to protect their rights through policy channels.
Shanghai Cyberspace Administration guides enterprises to protect their rights through policy channels
In the survey, many companies have reported being subjected to varying degrees of malicious attacks and extortion during the preparation for listing. Some self media outlets interfere with the normal operation of the company by publishing eye-catching, rhythmic, and one-sided articles, resulting in the inability of the outside world to make objective judgments on the value of the company.
A representative of a company that specializes in the automotive maintenance service market told reporters that since submitting IPO prospectuses last year, nearly 500 self media or personal accounts have published or reprinted negative articles targeting the company online, unilaterally interpreting the financial situation of the company's so-called "billions of losses". "In fact, this is a misreading of financial reports.". It is reported that the current losses caused by changes in the fair value of the convertible and redeemable preferred shares of the company have existed before many well-known companies went public. This type of "loss" is caused by accounting treatment and does not represent the actual operating performance of the company. "However, a large amount of guiding language in the article links this to actual operating losses, seriously affecting the market's understanding of the company and having a negative impact on the company's listing plan."
The representative of the enterprise told the reporter that when preparing relevant proof materials, they received verification proof materials provided by the district economic committee. One week after submitting materials to the enterprise related network infringement reporting zone opened by the Shanghai Internet Illegal and Bad Reporting Center platform, we media's false reports were disposed of, "we really feel the support and concern for our enterprises and entrepreneurs."
Executor: delivering policies to enterprises and providing one-on-one targeted guidance
Some companies have also expressed concerns about their long-term brand image being damaged by counterfeit information.
"There has been a phenomenon of large-scale counterfeiting of our anti-counterfeiting kits on some platforms. Many live broadcast rooms are filled with packaging boxes that counterfeit our corporate brand. The staff are silent and silently using this packaging to package fake shoes in Putian, creating an illusion for users that we are selling counterfeit goods." The relevant person in charge of the company said that these counterfeit products in the live broadcast rooms have an upstream and downstream chain, and the company has cooperated with the Hebei police to crack down on a gang.
Despite the extensive use of legal resources by enterprises, fake live streaming content on platforms always appears. "The platform is only responsible for cleaning up the content and cannot crack down on the infringement behavior of some infringing accounts, which has led to a resurgence," said the relevant person in charge of the enterprise.
Subsequently, under the guidance of the Cyberspace Administration of the District Committee, the enterprise submitted evidential materials against counterfeit information, including valid evidence of surrounding copyrights such as the enterprise trademark registration certificate. The enterprise has also timely notarized the counterfeit information on the website platform and properly preserved the evidence. In June of this year, during the Shanghai Cyberspace Administration's in-depth promotion of the "Clear Pujiang · Optimizing the Business Environment and Protecting the Legitimate Rights and Interests of Enterprises" special action, the Central Cyberspace Administration permanently banned five of these accounts, effectively deterring the sale of counterfeit goods. Other platforms have gradually closed down illegal stores or increased the identification of infringement behavior.
Special Action on "Qinglang Pujiang · Optimizing Business Environment and Protecting the Legitimate Rights and Interests of Enterprises"
In order to effectively promote the work, Shanghai has guided the district level network information department to establish horizontal coordination with relevant functional departments of "planned to be listed" enterprises and listed enterprises, and gradually carry out "one-on-one" targeted guidance through training and guidance on "delivering policies to enterprises". According to the principle of "following the law and regulations, effectively guiding and regulating channels", assist enterprises in obtaining effective materials to support false information, ensuring the rationality and effectiveness of reported cases, and creating favorable conditions for rapid investigation and timely disposal.
Platform website: Improve mechanisms such as "time limited private placement" and "dispute tags"
As a website platform that directly deals with infringement and false information clues, it is particularly necessary to establish a working mechanism that combines daily inspections and special inspections. The Cyberspace Administration of the Shanghai Municipal Party Committee stated that in accordance with the latest requirements of the "Guidelines for Handling Reporting of Enterprise Network Infringement Information on Website Platforms", it has guided key local website platforms such as Bilibili, Xiaohongshu, and Dongfang Fortune Net to launch the "Enterprise False and False Information Reporting Zone", cleared more than 27000 pieces of information related to infringement of enterprise rights, and disposed of 5365 accounts.
The relevant person in charge of the Xiaohongshu platform told reporters that the platform has launched an online complaint and an offline complaint via email in the Enterprise Reporting Zone APP, setting up nine types of infringement in three categories: reputation rights, copyright, and reputation defamation. Dongfang Wealth Network has set up a "Report" button at the bottom of each news or stock bar post, and companies can enter the report portal by clicking the "Report" button at the bottom of each news or post. The person in charge of the reporting section of Bilibili website stated that the website has increased the significant promotion of the section. Since its launch, the section has taken measures such as "time limited private addition" and "dispute labeling" to address typical online infringement behaviors, and has dealt with a number of fraudulent activities such as impersonating official registered accounts of enterprises, spreading false franchise information of enterprises, and maliciously spreading negative and false information of enterprises.
Bilibili, Xiaohongshu, Oriental Wealth Network and other key websites and platforms in Shanghai have launched the "Reporting Zone for False and Unreal Information of Enterprises"
The Shanghai Municipal Committee Cybertrust Office said that, in terms of acceptance channels, a multi-channel and multi form reporting channel matrix has been formed, such as the Central Cybertrust Office Illegal and Bad Information Reporting Center, the Shanghai Internet Illegal and Bad Information Reporting Center, and the local key website platform "Enterprise related Infringement Reporting Zone". Next, we will strengthen the collaborative work mechanism with functional departments related to enterprises such as the Municipal State owned Assets Supervision and Administration Commission, Securities Regulatory Bureau, and Federation of Industry and Commerce, and guide each district to do a good job in horizontal evidence communication and connection. At the same time, we will further strengthen the main responsibility of website platforms, improve the quality and efficiency of complaint handling, strengthen disposal mechanisms such as "time limited private placement" and "dispute labels", protect the legitimate rights and interests of enterprises in accordance with the law, and assist in the healthy and orderly development of the economy and society.
