The National Cyberspace Administration publicly solicits opinions on the governance of online violence and information violence | the Internet | Information
Notice of the State Internet Information Office on Publicly Soliciting Opinions on the Regulations on Cyber Violence Information Governance
In order to effectively strengthen the governance of cyber violence information and create a good network ecology, the State Internet Information Office has drafted the Regulations on Cyberviolence Information Governance in accordance with the Cyber Security Law of the People's Republic of China, the Personal Information Protection Law of the People's Republic of China and other laws and administrative regulations, and now solicits public opinions. The public can provide feedback through the following channels and methods:
1. Log in to the Chinese Government Legal Information Network of the Ministry of Justice of the People's Republic of China and enter the "Legislative Opinion Collection" column on the main menu of the homepage to submit opinions.
2. Send via email to: wbzl@cac.gov.cn .
3. Send your comments by letter to the Network Comprehensive Administration Bureau of the State Internet Information Office, No. 11 Chegongzhuang Street, Xicheng District, Beijing, 100044, and please mark the envelope with the words "Internet Violence Information Governance Regulations for Comments".
The deadline for feedback is August 6, 2023.
Attachment: Regulations on the Governance of Cyber Violence Information
National Internet Information Office
July 7, 2023
Regulations on the Governance of Cyber Violence Information
general provisions
Article 1: In order to strengthen the governance of online violence information, create a good online ecosystem, safeguard the legitimate rights and interests of citizens, and safeguard social public interests, this regulation is formulated in accordance with laws and administrative regulations such as the Cybersecurity Law of the People's Republic of China and the Personal Information Protection Law of the People's Republic of China.
Article 2: The information governance activities of online violence within the territory of the People's Republic of China shall be governed by these regulations.
The term "online violence information" referred to in these regulations refers to illegal and harmful information that is released to individuals through the internet, including insults, insults, rumors, defamation, infringement of privacy, and seriously affecting physical and mental health, such as moral kidnapping, derogatory discrimination, malicious speculation, etc.
Article 3: The national cyberspace information department is responsible for coordinating and coordinating the governance of online violence information and related supervision and management work nationwide.
Local network information departments at all levels are responsible for coordinating the governance of network violence information and related supervision and management work within their respective administrative regions.
Article 4: Encourage relevant industry organizations to strengthen industry self-discipline, supervise and guide network information service providers to strengthen the governance of online violence information, and accept social supervision.
Chapter 2 General Provisions
Article 5: Network information service providers shall fulfill the main responsibility of information content management, establish and improve mechanisms for governance of online violence information, and improve systems for account management, information release review, monitoring and early warning, reporting and assistance, and disposal of online violence information.
Article 6: Network information service providers shall strengthen the management of network user account information, prevent counterfeiting, impersonation, and malicious association of parties involved in network violence incidents from registering or publishing information in violation of regulations, and assist parties in personal account authentication.
Article 7: Network information service providers shall formulate and publicly disclose management rules and platform conventions, clarify the responsibilities that users should bear in producing, copying, publishing, and disseminating information on online violence in user agreements, and fulfill corresponding management responsibilities in accordance with the law and the agreement.
Article 8: Network information service providers shall regularly publish announcements on the governance of online violence information, and report on relevant work in the annual report on the governance of the network information content ecosystem.
When discovering the risk of online violence, network information service providers should promptly disclose the situation of governance work, respond to social concerns, guide netizens to speak rationally, and prevent resistance to online violence.
Chapter 3 Monitoring and Early Warning of Online Violence Information
Article 9 Network information service providers shall establish and improve classification standards for online violence information and a sample library of typical cases. On the basis of distinguishing public opinion supervision and goodwill criticism, they shall clarify and refine the standards for online violence information, and enhance identification accuracy.
Article 10 Network information service providers shall dynamically manage key accounts related to online violence based on historical information releases, violations, reports and complaints, and take timely intervention and restriction measures.
Article 11 Network information service providers shall establish and improve a network violence information warning model, comprehensively consider the categories of events, targeted subjects, number of participants, information content, publication frequency, link scenarios, reporting and complaints, and timely detect and warn of the risks of network violence.
Chapter 4 Disposal of Online Violence Information
Article 12: If a network information service provider discovers online violent information such as insults, slanders, and infringement of privacy, they shall take measures such as deletion, blocking, disconnection of links, and restriction of dissemination. For negative information related to online violence, it shall not be presented in the key links specified in Article 11 of the Regulations on the Governance of the Network Information Content Ecology to prevent the spread and dissemination of online violence information.
Article 13: Network information service providers shall strengthen the management of the content of post comments, and promptly dispose of online violence information published and disseminated through comments, replies, comments, bullet comments, likes, and other means.
Article 14: Network information service providers shall strengthen the management of online community sections and online groups, and shall not collect information on online violence in terms, topics, hyperlinks, groups, post bars, and other links. It is prohibited to create topic sections and group accounts that publish content with poor orientation under the guise of anonymous submission, empty shouting, etc.
The creators and managers of online community sections and groups should fulfill their management responsibilities, regulate the online behavior and information dissemination of members. If users create, copy, publish, or disseminate information about online violence, they should take management measures such as removing from the group in accordance with the law and agreement.
Article 15 Network information service providers shall strengthen the review of live broadcasts and short video content, timely block live broadcasts involving online violence information, and dispose of short videos containing online violence information.
Article 16 Internet news information service units shall adhere to the correct guidance of public opinion, strengthen the verification of the authenticity and legitimacy of information content, and shall not play up and hype online violence events. News information post comments shall be issued after trial.
Article 17: No organization or individual shall use online violence incidents to engage in malicious marketing hype, promote traffic, intentionally deviate from the pace, or cross platform move and splice false information. Network information service providers shall not provide traffic, funding, or other support to accounts, institutions, etc. that spread online violence.
Chapter 5 Protection Mechanism
Article 18: Network information service providers shall establish and improve network violence protection functions, and provide one click closure of stranger private messages, comments, forwarding, and message reminders. When users face the risk of online violence, they should promptly send system information to prompt them to activate one click protection.
Article 19: Network information service providers shall improve the rules for private messages, allowing users to set up to only receive private messages from friends or refuse to receive all private messages according to their own needs. Take technical measures to block the transmission of online violent information through private messages.
Article 20: When network information service providers discover the following situations, they shall promptly assist the parties involved in activating one click protection and effectively strengthen the protection of the parties involved:
The parties involved in online violence involve minors, elderly people, etc;
The party concerned expresses in public that they have suffered from online violence;
Other situations that may result in serious consequences if mandatory intervention measures are not taken in a timely manner.
Article 21: Network information service providers shall set up dedicated fast complaint and reporting entrances for online violence information in prominent locations, open a complaint and reporting hotline for online violence information, and simplify the complaint and reporting procedures.
Network information service providers should timely accept and analyze complaints and reports, as well as relevant supporting materials. For situations that are clearly identified as online violence, they should handle them in accordance with the law and regulations, and provide feedback on the results. For cases that are verified not to be online violence, they should be handled according to the requirements for accepting other types of reports and provide feedback on the results.
Article 22: Network information service providers shall provide users with functions such as one click evidence collection for information on online violence, and improve the convenience of evidence collection. Provide timely and necessary technical support and assistance to protect the rights of users in accordance with laws and regulations, as well as to investigate and collect evidence from judicial organs and relevant departments.
Article 23: Adhere to the principle of being most beneficial to minors and strengthen special and priority protection for minors. Network information service providers should prioritize handling reports of online violence involving minors. If it is found that underage users are at risk of online violence, they should immediately dispose of illegal and irregular information, provide protection and assistance services, and report to relevant departments.
Chapter 6 Supervision, Management and Legal Responsibility
Article 24: The internet information department shall supervise and inspect the implementation of the governance of online violence information by network information service providers in accordance with the law.
Article 25: The Cyberspace Administration, in conjunction with relevant departments, shall establish and improve mechanisms for information sharing, consultation and notification, evidence collection and investigation, case supervision, and other related work, and collaborate to carry out the governance of online violence information.
Article 26: If a network information service provider violates these regulations, they shall be punished in accordance with the provisions of laws and administrative regulations such as the Cybersecurity Law of the People's Republic of China and the Personal Information Protection Law of the People's Republic of China.
If there are no provisions in laws and administrative regulations, the network information departments at all levels shall, in accordance with their responsibilities, issue warnings, circulate notices of criticism, order them to make corrections within a specified time limit, and may also impose fines ranging from 10000 yuan to 100000 yuan; If serious consequences such as citizen's life, health, and safety are caused by untimely disposal, a fine of not less than 100000 yuan but not more than 200000 yuan shall be imposed, and information updates may be ordered to be suspended.
Internet information service providers who initiate or organize online violence or engage in malicious marketing hype through online violence incidents shall be punished severely in accordance with the law.
Article 27: For network institutions that organize or incite the dissemination of information on online violence, network information service providers shall take measures such as warning communication, suspension of commercial profits, restriction of service provision, entry and exit in accordance with the law and regulations.
Article 28: If a network user violates these regulations, the network information service provider shall, in accordance with the law, take measures such as warning reminders, restricting account functions, closing and canceling accounts, etc; Measures such as blacklisting and prohibition of re registration shall be taken for those who first post, frequently post, organize, or incite the release of online violence information.
For those who engage in malicious marketing or illegal profit-making activities through online violence incidents, in addition to the provisions of the preceding paragraph, measures such as clearing new fans and suspending profit-making privileges shall be taken in accordance with the law and agreement.
Network information service providers shall keep relevant records and promptly report to relevant regulatory authorities such as Cyberspace Administration.
Article 29: Those who violate these regulations and cause damage to others shall bear civil liability in accordance with the law; Those who constitute violations of public security management shall be punished for public security management in accordance with the law; If a crime is constituted, criminal responsibility shall be pursued in accordance with the law.
Chapter 7 Supplementary Provisions
Article 30 The State Internet Information Office shall be responsible for the interpretation of these Provisions.
Article 31: These regulations shall come into effect on [date].