Management Rules for Credit Information of Gravely Untrustworthy Subjects in Internet Information Services (Opinion-seeking Draft)
Article 1: In order to stimulate the construction of credit in the Internet information services area, ensure the lawful rights and interests of citizens, legal persons and other organizations, on the basis of the “Cybersecurity Law of the People’s Republic of China”, the “Planning Outline for the Construction of a Social Credit System”, the “State Council Guiding Opinions concerning Establishment and Perfection of Joint Incentive Structures for the Trustworthy and Joint Punishment Structures for the Untrustworthy, and Accelerating the Advance of Social Credit Construction”, the “State Council General Office Guiding Opinions concerning Accelerating the Advance of Social Credit System Construction and Building Novel Management Mechanisms Based on Credit” and the “State Council Notice concerning Authorizing the Cyberspace Administration of China to Take Responsibility for Internet Information Content Management Work”, these Rules are formulated.
Article 2: These Rules apply to the imposition by cybersecurity and informatization departments, together with relevant departments, of credit blacklist management and joint punishment of the untrustworthy, concerning gravely untrustworthy subjects in Internet information services.
Gravely untrustworthy subjects in Internet information services as mentioned in these Rules, refers to subjects exhibiting gravely untrustworthy acts in the provision or use of Internet information services within the borders of the People’s Republic of China. Where gravely untrustworthy subjects are legal personnel, the application counterparts are the said legal person and their legal representative, leading personnel directly responsible for the gravely untrustworthy act, and other directly responsible personnel; where the untrustworthy subject is a non-legal person organization, the application counterparts are the said non-legal person organization and their main responsible persons, the leading personnel directly responsible for the gravely untrustworthy act, and other directly responsible personnel; where the gravely untrustworthy subject is a natural person, the application counterpart is the natural person themselves.
These Rules do not apply to minors.
Article 3: Cybersecurity and informatization departments as mentioned in these rules, refers to the Cyberspace Administration of China and provincial, autonomous region or municipal Internet information offices.
The Cyberspace Administration of China is responsible for compiling all kinds of gravely untrustworthy subject blacklists and focus attention name lists determined by cybersecurity and informatization departments nationwide, sharing them with relevant departments, and publishing them to society.
The Cyberspace Administration of China is responsible for determining, sharing, publishing and managing the blacklist of gravely untrustworthy subjects who have received administrative punishment from the Cyberspace Administration of China, have been brought in for a talk repeatedly, or have not forcefully rectified, and focus attention name lists.
Provincial, autonomous region and municipal cybersecurity and informatization offices are, on the basis of their duties, responsible for determining and managing blacklists of gravely untrustworthy subjects in Internet information services and focus attention name lists within their administrative areas, and for reporting them to the Cyberspace Administration of China for uniform sharing and publication.
Article 4: Where Internet information service providers or users meet one of the following conditions, the cybersecurity and informatization departments shall determine this to be a gravely untrustworthy act in the area of Internet information services, and the acting subject will be listed on the blacklist of gravely untrustworthy subjects in Internet information services:
(1) Where due to violation of Internet information content management-related laws and regulations, a cybersecurity and informatization department solely or together with relevant departments imposes the administrative punishment of website closure, cancellation of relevant business permits or cancellation of the business licence, revocation of permits or cancellation of filing;
(2) Where due to violation of Internet information content-related laws and regulations, a cybersecurity and informatization department an administrative punishment other than those listed in the above first clause and implementation is refused or implementation has not occurred according to requirements within the stipulated time limits;
(3) Where the fabrication, publication and dissemination through networks of information violating social norms, commercial ethics, sincerity and credit, or the wilful provision of technological or material support or other services for the fabrication, publication or dissemination of information violating social norms, commercial ethics, sincerity and credit, gravely destroys the order of communication in cyberspace, harms social and public interests and the lawful interests of the popular masses, resulting in deleterious social influence;
(4) Other circumstances where laws, administrative regulations and rules are violated, with gravely untrustworthy circumstances.
Article 5: Untrustworthy subjects who have committed relatively grave untrustworthy acts in Internet information services, or who have repeatedly committed minor untrustworthy acts that have not reached the determination standard for blacklist inclusion, will be listed on the focus attention name list:
(1) Where due to violation of Internet information content management-related laws and regulations, a cybersecurity and informatization department, solely or together with other departments has imposed an administrative punishment other than those listed in Article 4, Clause (1) of these Rules;
(2) where within one year of an untrustworthy act violating regulations occurring, a cybersecurity and informatization department has required talks three times or more (including three times);
(3) where other untrustworthy circumstances violating regulations exist, and it is necessary to dedicate focus attention.
Article 6: Blacklists determined by cybersecurity and informatization departments according to these Rules, shall be collected by the Cyberspace Administration of China, and subsequently undergo publishing procedures on the “Credit China” website according to relevant regulations on the construction of the social credit system, they shall accept objections raised by related work units and individuals. The time of publication is 15 working days, name list information where there is no objection to publication will be shared and published according to relevant regulations.
Article 7: The Cyberspace Administration of China shall report the blacklist and focus attention name list it determined and compiled to the same level’s social credit system construction leading work unit, and share them with the nationwide credit information sharing platform.
Provincial, autonomous region and municipal Interne information offices will report their determined blacklists and focus attention lists to the Cyberspace Administration of China for uniform sharing and publication, and subsequently report them to the same level’s social credit system construction leading work unit for sharing.
Article 8: Cybersecurity and informatization departments will, on the basis of the provisions of these Rules, and according to the principles of lawfulness and openness, fairness and justice, strict gatekeeping, and protecting rights and interests, publish blacklist and name list information. The Cyberspace Administration of China will, together with relevant departments, publish blacklist and name list information on the “Credit China” website, and publish enterprise-related information through the national enterprise credit information publication system. Focus attention name list will be made externally open selectively.
Article 9: Publication of blacklist and name list information for gravely untrustworthy subjects in Internet information services will generally include the following content:
(1) Basic information of the relevant subject, where the subject is a legal person, this includes the legal person’s name, uniform social credit code, statutory representative, the names and identity card numbers of the leading personnel directly responsible for the gravely untrustworthy act and other directly responsible personnel (removing their date of birth code section, similar hereafter); where the subject is a non-legal person organization, it includes the non-legal person organization’s name, uniform social credit code, and the names and identity card numbers of the non legal person organization’s legal representative, the leading personnel directly responsible for the gravely untrustworthy act and the names and identity card numbers of other directly responsible personnel; where the subject is a natural person, it includes the name and identity card number of the natural person;
(2) The reason for inclusion on the name list, including the facts of the gravely untrustworthy act, the determining department, the determination basis, the date of determination, etc.;
(3) other information the cybersecurity and informatization department believes should be included.
Article 10: Credit recovery and blacklist or focus attention name list withdrawal for gravely untrustworthy subjects in Internet information services will be implemented with reference to relevant regulations on social credit system construction.
Article 11: The period of validity of blacklists and name list generally is three years, the period of validity is uniform with the blacklist or name list information publication period. Where, within three years from the date on which blacklist or name list information takes effect, no untrustworthy acts violating regulations have occurred, or the factual basis for inclusion of untrustworthy subjects has been eliminated, publication is ceased and the original publication channels are withdrawn. Where the implementation of administrative punishment decisions is obstructed or refused through violent or threatening means with grave circumstances or untrustworthy acts as provided in Article 4 or Article 5 of these Rules have occurred again during the period of blacklist or name list validity, it may be extended by one to three years. Gravely untrustworthy subject information determined to be withdrawn from blacklists or name lists, shall be granted removal within five working days.
Where blacklist or name list subjects recover credit by actively redressing the untrustworthy act, eliminating harmful influence and other such methods, and carry out relevant duties according to social credit system construction-related regulations, and put forward an application for withdrawal from blacklists or name lists with the determining department, they may be removed from blacklists or name lists earlier with the agreement of the determining department.
Article 12: Where relevant work units or individuals have objections to being listed on blacklists or name lists, they may submit an objection application with the determining department and provide evidentiary materials. The determining department shall, within 15 working days after receiving the objection application, respond whether or not this is accepted, and will feed back the verification result to the party concerned within twenty working days after acceptance. Where verification indicates they should not be listed on blacklists or name lists, removal will be granted within five working days.
Article 13: Cybersecurity and informatization departments will sign joint punishment cooperation memoranda of understanding with relevant departments according to social credit system construction-related regulations, and lawfully implement punitive measures including restriction from engaging in Internet information services, limitations on online activities, sector access bans, etc. against Internet information service providers and users listed on untrustworthiness blacklists and name lists. Where they are removed from blacklists or name lists according to the provisions of Article 11 or Article 12 of these Rules, they will no longer be the counterpart of joint punishment.
Where Internet information service providers or users are determined to be gravely untrustworthy by telecommunications, public security, culture and tourism, People’s Bank, market supervision, radio and television, press and publications, and other such departments and judicial bodies, the relevant determining department will handle the matter according to laws and regulations. Cybersecurity and informatization departments will cooperate with the implementation of joint punishment measures according to social credit system construction-related regulations against Internet information service providers and users listed on untrustworthiness blacklists and name lists by other management departments.
Article 14: Internet information service providers shall, according to relevant regulations, establish online platform user credit files, a name list of gravely untrustworthy users (including their real registered identity information) shall be regularly reported to the local cybersecurity and informatization department, where the cybersecurity and informatization department has verified and determined the matter according to the standards of Article 4 and Article 5 of these Rules, they are listed on the blacklist or focus attention name for gravely untrustworthy subjects on the basis of circumstances.
Article 15: Sectoral associations and commercial associations, as well as credit service bodies are encouraged to cooperate with cybersecurity and informatization departments to collect relevant information on gravely untrustworthy acts in the area of internet information services according to laws and regulations.
Article 16: These Rules take effect on (day, month, year). Where these Rules are inconsistent with regulations published earlier, these Rules apply.
第一条 为促进互联网信息服务领域信用建设，保障公民、法人和其他组织的合法权益，根据《中华人民共和国网络安全法》《社会信用体系建设规划纲要（2014-2020年）》《国务院关于建立完善守信联合激励和失信联合惩戒制度 加快推进社会诚信建设的指导意见》《国务院办公厅关于加快推进社会信用体系建设 构建以信用为基础的新型监管机制的指导意见》和《国务院关于授权国家互联网信息办公室负责互联网信息内容管理工作的通知》，制定本办法。
第十六条 本办法自 年 月 日起施行。此前发布的规定与本办法不一致的，依照本办法执行。