Internet Public User Account Information Service Management Regulations (Revision Draft – Opinion-seeking Version)
Chapter I: General provisions
Article 1: These Regulations are formulated in order to standardize Internet public account information services, safeguard national security and the public interest, and protect the lawful interests of citizens, legal persons and other organizations, on the basis of the “Cybersecurity Law of the People’s Republic of China”, the “Internet Information Service Management Rules”, the “Online Information Content Ecology Governance Regulations” and other such laws, regulations and relevant State provisions.
Article 2: These Regulations apply to the provision and conduct of Internet public account information services within the territory of the People’s Republic of China.
Internet public accounts as mentioned in these Regulations, refers to online accounts of Internet users registered and operated on Internet sites, application software and other such online platforms, to produce and disseminate written, pictorial, audiovisual and other such information content to the social public.
public account platform as mentioned in these Regulations, refers to online information service providers providing public account registration and operation, information content dissemination and technical protection services to Internet users.
Public account producers and operators as mentioned in these Regulations, refers to natural persons, legal persons and non-legal person organizations registering and operating public accounts and engaging in content dissemination.
Article 3: The national cybersecurity and informatization department is responsible for Internet public account information service supervision, management and law enforcement work nationwide. Local cybersecurity and informatization departments are, according to their duties and responsibilities, responsible for Internet public account information service supervision, management and law enforcement work within their administrative areas.
Article 4: Public service information service platforms and public account producers and operators shall abide by laws and regulations, fulfil social responsibilities and moral responsibilities, uphold the correct public opinion orientation and value orientation, carry forward the Socialist core value view, produce and disseminate healthy and upward, true and objective excellent information content, create a crisp and bright cyberspace, and stimulate progress of society and civilization.
All levels’ Party and government bodies, enterprise and undertaking work units, and people’s organizations are encouraged to register and operate public accounts, produce and disseminate high-quality government affairs information or public service information, satisfying public information demand, and promoting economic and social development.
Public service information service platforms are encouraged to vigorously enhance government affairs information publication, public service and social government levels for Party and government bodies, enterprise and undertaking work units, and people’s organizations, provide full and necessary technical support and security protection.
Article 5: Public account information service platforms providing Internet public account information services, shall obtain corresponding qualifications as provided in national laws and regulations.
Public service information service platforms and public account producers and operators shall obtain an Internet news information service licence to provide Internet news information services to the social public.
Chapter II: Public service information service platforms
Article 6: Public service information service platforms shall bear dominant responsibility for information content and public account management, allocate management personnel and technical capabilities suited to the business scale, appoint persons to position responsible for content security, establish, complete and strictly implement management structures for account registration, content examination and verification, information inspection, ecological governance, emergency response, cybersecurity, data security, personal information protection, copyright protection, credit evaluation, etc., and uphold the security of the platform’s information content and public accounts, and the security of data and personal information.
Public service information service platforms shall, on the basis of relevant laws and regulations and relevant State provisions, formulate and publish management norms and platform conventions for information content production, public account operations, etc., and conclude service agreements with public account producers and operators, clarifying both sides’ content dissemination limitations, account management responsibilities and other such rights and obligations.
Article 7: Public service information service platforms shall, according to relevant national standards and norms, establish categorized public account registration and categorized production structures, implement categorized management, and file the matter with the provincial, autonomous region or municipal cybersecurity and informatization department of the locality of the public account.
Public service information service platforms shall, on the basis of indicators and dimensions such as an account’s information content quality, the credit evaluation of the account’s subject, etc., establish tiered management structures, and implement tiered account management.
Public service information service platforms formulating content production and account operations management norms, platform conventions and other such important structures and measures shall file them with the local provincial, autonomous region or municipal cybersecurity and informatization department; when bringing related new technologies, new applications or new functions online, they shall conduct a security assessment according to relevant regulations.
Article 8: Public service information service platforms shall adopt measures such as composite verification, etc., to conduct real identity information authentication of Internet users applying to register for a public account, based on mobile telephone number, resident identity card number or unified social credit code and other such methods, and raise the accuracy of authentication. Where users do not provide real identity information, or improperly use real identity information of organizations, bodies or other persons to conduct a false registration, no related service may be provided to them.
Public service information service platforms shall conduct inspection of the legal and regulatory compliance of public account names, portraits, bios, etc. of public accounts registered by Internet users, where they discover an account name, portrait or bio does not conform to the subject’s real identity information, and especially where they use or link to Party or government bodies, enterprise and undertaking work units and other such organizations and bodies or well-known social personalities without authorization, as well as where the corresponding registration information contains unlawful or harmful information, they shall suspend the provision of services and notify the user to correct matters within a limited time, where these refuse to correct the matter, the provision of services shall be terminated.
Public service information service platforms shall prohibit public accounts closed according to the law or to the convention to re-register under a similar name; where an account name with a high degree of connectedness to them is registered, the real identity information, service qualifications, etc. of the account subject shall also be subject to necessary checks.
Article 9: Public service information service platforms shall require public accounts applying to register and engage in the production of information content in areas such as economics, education, health, judicial affairs, etc., require users to provide their specialized background at the time of registration, as well as corresponding materials to prove professional qualifications or service qualifications they have acquired according to laws and administrative regulations, and conduct the necessary checks.
Public service information service platforms shall add a special symbol to public accounts after they are checked and passed, and according to the different subject nature of the user, externally announce content production categories, the name of operating subjects, the registered business address, uniform social credit code, contact method and other such registration information, to facilitate social supervision and inspection.
Public service information service platforms shall establish dynamic checking and inspection structures, and at suitable times check the veracity and validity of registration information of producers and operators.
Article 10: Public service information service platforms shall set reasonable upper limits to the number of registered public accounts of the same subject on their platform. Where users apply to register for multiple public accounts, their subject nature, service qualifications, business scope, credit evaluation etc. shall also be checked.
Public service information service platforms may, on the basis of the service agreement suspend or terminate provision of services to public accounts who have not logged on or have been used for over six months after the Internet user registered.
Public service information service platforms shall complete technical measures to prevent and deal with unlawful registration acts by Internet users such as registration in excess of quota, malicious registration, false registration, etc.
Article 11: Public service information service platforms shall, according to the law and the convention, prohibit public account producers and operators to transfer, lend or illegally trade, sell or buy public accounts in violation of regulations.
Where public account producers and operators transfer or donate public account use rights to other users, they shall put forward an application with the platform. The platform shall, on the basis of the provisions in the previous Paragraph, authenticate and check the user on the receiving side, and publish the subject change information. Where the platform discovers a producer or operator has transferred a public account without inspection or authorization, it shall timely suspend or terminate the provision of services.
Public account producers and operators voluntarily terminating account operations may apply with the platform for suspension or termination of use. The platform shall suspend or terminate the provision of services according to the service agreement.
Article 12: Public service information service platforms shall establish public account supervision and assessment mechanisms, and prevent acts of falsification of account subscriptions, user following numbers, content click rates, repost or comment quantities and other such data.
Public service information service platforms shall standardize public account recommendation, subscription and following mechanisms, and complete technological measures to timely discover and deal with unusual changing circumstances in account subscription and following numbers. Without the knowledge and agreement of the Internet user, subscription and following of other users’ public accounts may not be forced.
Article 13: Public service information service platforms shall establish tiered credit management systems, and provide corresponding services on the basis of credit tiers.
Public service information service platforms shall establish and complete mechanisms to warn for, discover, trace, refute, delete and in other ways deal with online rumours and other such false information, and reduce the credit tier or blacklist public account producers and operators who produced and disseminated rumours and other such false information.
Article 14: Public service information service platforms shall, when conducting content supply and account recommendation cooperation with producers and users, standardize commercial activities such as management of advertising and operations, knowledge payment, e-commerce sales, user gratuities, etc., they may not disseminate false advertising, conduct exaggerated propaganda, commit commercial fraud, etc., preventing operations violating laws and regulations.
Public service information service platforms shall strengthen copyright protection of originally produced information content, preventing acts of piracy and infringement. Platforms may not abuse their advantaged position to interfere in the lawful and compliant operations of producers and operators, or infringe users’ lawful rights and interests.
Chapter III: Public account information producers and operators.
Article 15: Public account information producers and operators shall, on the basis of categorized platform management norms, at the time of registering the public account, accurately fill out user’s subject nature, registered location, business location, content production category, contact method and other such basic information, enterprises, organizations, bodies and other such Internet users shall also indicate their main activity or business scope.
Public account producers shall aide by platform management norms, platform conventions and service agreements, and engage in information content production and dissemination in the relevant sectoral area on the basis of the registered content production category indicated at the time of public account registration.
Article 16: Public account producers and operators shall bear dominant responsibility for information content production and public account operations and management, and engage in information content production and account operations and activities according to laws and regulations.
Public account producers and operators shall establish and complete information content security examination and verification mechanism for the entire process of topic planning, editing and production, dissemination and popularization, interactive comments, etc., strengthen gatekeeping over information content’s orientation, veracity and legality, and maintain a benign order in online communication.
Public account information producers and operators shall establish and complete security management mechanisms for the entire process of public account registration and use, operations and popularization, etc., manage and operate the account in a civilized, rational and standardized manner, attract the public’s attention, subscription, interaction and sharing with high-quality information content, and maintain a benign social image of the account.
Article 17: Public account producers and operators shall, when reposting information content originally created by other persons, abide by copyright protection-related laws and regulations, indicate the original creator and a traceable information source, and respect and protect the lawful rights and interests of copyright holders.
Public account producers and operators shall manage messages, posts, comments and other such interactive segments on their account. Platforms may, on the basis of the subject nature and credit tier of the public account, rationally set up management limits, and provide corresponding technological support.
Where public account producers and operators conduct account operations, content provision and other such cooperation with third-party bodies , both sides shall conduct checks and gatekeeping of the account’s operations and activities, supplied information content, etc.
Article 18: Public account producers and operators may not commit the following acts in violation of laws and regulations:
(1) Not registering with real identity information, or registering with a public account name, portrait, bio, etc. that is not conform with one’s own real identity information;
(2) Maliciously posing as, imitating or misappropriating the public account of an organization, body or other person to produce and disseminate information content;
(3) Providing Internet news information gathering, dissemination and other such services without a licence or in excess of a licence’s scope;
(4) Manipulatively using accounts on multiple platforms, to publish batches of homogenous information content, generating false flow data, and creating false public opinion hot spots;
(5) Using sudden public incidents to incite extreme emotions and acts, or commit online violence harming the reputation of other persons and organizations, influencing social harmony and stability;
(6) Fabricating false information, counterfeiting originally-created content, quoting or concocting untrue information sources, distorting facts and truths, misleading the social public;
(7) Using paid dissemination and deletion of information and other such methods to commit illegal online surveillance, marketing frauds, extortion and blackmail, in pursuit of improper gain;
(8) Registering in batches, hoarding or illegally trading, buying and selling public accounts;
(9) Producing, reproducing or disseminating unlawful information, or not adopting measures to prevent and resist the production, reproduction or dissemination of harmful information;
(10) Other acts prohibited in laws and administrative regulations.
Chapter IV: Supervision and management
Article 19: Public service information service platforms shall strengthen supervision and management of public service information service activities, and timely discover and deal with information or activities violating laws and regulations.
Public service information service platforms shall, on the basis of service agreements and platform conventions, adopt measures to deal with public accounts violating these regulations and relegated laws and regulations including warnings and alerts, limiting account functions, suspending content renewal, ceasing advertising dissemination, closing or cancelling accounts, blacklisting, termination of re-registration, etc., preserve relevant records, and timely report the matter to cybersecurity and informatization and other such relevant competent department.
Article 20: Public service information service platforms and producers and operators shall consciously accept social supervision.
Public service information service platforms shall set up eye-catching and convenient reporting interfaces, publish appeals, complaints and reporting methods and other such information, complete reporting information acceptance, screening, handling and feed-back mechanisms, clarify handling workflows and feed-back time limits, and timely and effectively deal with complaints by producers and operators, and complaints and reports from the public.
Internet sectoral organizations are encouraged to conduct public appraisal, promote strict self-discipline of public service information service platforms and producers and operators, establish authoritative mediation mechanisms with participation from multiple sides, fairly and relationally resolve sectoral disputes, and safeguard users’ lawful rights and interests according to the law.
Article 21: All levels’ cybersecurity and informatization departments will establish and complete coordinated supervision and management work mechanisms together with relevant competent departments, to supervise and guide public service information service platforms and producers and operators to conduct related information service activities according to laws and regulations.
Public service information service platforms and producers and operators shall cooperate with relevant competent departments’ lawful conduct of supervision and inspection, and provide the necessary technical support and assistance.
Where public service information service platforms and producers and operators violate these Regulations, cybersecurity and informatization departments and relevant competent departments will impose punishment according to relevant laws and regulations within their scope of duties and responsibilities.
Article 22: These Regulations take effect on (day, month) 2020.
第二十二条 本规定自2020年 月 日起施行。