Author: chinacopyrightandmedia

Internet News Information Service Management Rules

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(Opinion-seeking Revision Draft)

Chapter I: General provisions.

Article 1: In order to standardize Internet news information service activities, stimulate the healthy and orderly development of Internet news information services, protect the lawful rights and interests of citizens, legal persons and other organizations, safeguard national security and the public interests, on the basis of the “National People’s Congress Standing Committee Decision concerning Strengthening the Protection of Online Information” and the “Internet Information Service Management Rules” and other such laws and administrative regulations, these Rules are formulated. Read the rest of this entry »

Wuzhen Initiative

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The Internet is an important achievement in the progress of human civilization, it has become an important force that drives innovation, stimulates economic and social development, and enriches all of humanity. The Internet will transform the world into a “global village”, so that international society increasingly is becoming an interdependent community of common destiny. At the same time, the rapid development of the Internet has also brought challenges to national sovereignty, security and sustainable development. Vigorously and steadily responding to these challenges is the common responsibility of international society. From the World Summit on the Information Society in 2003, the Geneva Declaration of Principles and the 2005 Tunis Agenda to the Montevideo Statement as well as the Report of the United Nations Group of Governmental Experts on Information Security, international society’s consensus concerning Internet development and governance is broadening incessantly, and cooperation is deepening incessantly. We express congratulations for the results of the United Nations General Assembly WSIS +10 High-Level Meeting, and look forward to international society further deepening cooperation in the area of the Internet on the basis of the UN Charter as well as universally accepted international norms and principles. Read the rest of this entry »

Speech at the 2nd World Internet Conference Opening Ceremony

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Xi Jinping

16 December 2015, Wuzhen

Welcome, everyone, to beautiful Wuzhen, to talk together about fundamental matters in Internet development. First and foremost, on the sincere behalf of the Chinese government and the Chinese people, as well as in my own name, I express a welcome to all honoured guests who attend the second World Internet Conference. And I express warm congratulations on the convention of the Conference.

I have spent many years in Zhejiang, and have come to Wuzhen often. Coming here again today, I feel very warm and acquainted, and also feel a completely new impression in my ears and eyes. Last year, the first World Internet Conference was organized here, which promoted the rapid development of online makers, online hospitals, smart tourism, etc., and let this white-walled, black-tiled, thousand-year-old town burst forth with a new glamour. The networking and smartification of Wuzhen is a vivid portrait of the converging development of the traditional and the modern, the humanities and science and technology, it is a microcosm of the creative development of China’s Internet, and vividly reflects the idea of shared development of the global Internet. Read the rest of this entry »

New Paper – Cyber China: Updating Propaganda, Public Opinion Work and Social Management for the 21st Century

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The first two years of the Xi Jinping administration saw a thorough reconfiguration of Internet governance. This reconfiguration created a centralized and integrated institutional framework for information technologies, in support of an ambitious agenda to place digital technologies at the heart of propaganda, public opinion and social control work. Conversely, the autonomy and spontaneity of China’s online sphere was vastly reduced, as the leadership closed channels for public deliberation. This paper reviews the institutional and regulatory changes that have taken place between 2012 and 2014, and analyses the methods and purposes of control they imply. It can be downloaded free of charge from SSRN

 

Communiqué of the Fifth Plenary Meeting of the 18th Central Committee of the Chinese Communist Party

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Passed by the Fifth Plenary Meeting of the 18th Central Committee of the Chinese Communist Party on 29 October 2015)

The Fifth Plenary Meeting of the 18th Central Committee of the Chinese Communist Party was convened in Beijing from 26 to 29 October 2015.

199 Central Committee members and 156 alternate Central Committee members attended the meeting. The Central Discipline Inspection Committee Standing Committee members and responsible comrades from relevant sides attended the meeting in a non-voting capacity. A number of grass-roots comrades from among the representatives at the 18th Party Congress, experts and scholars also attended in a non-voting capacity.

The Plenum was hosted by the Central Politburo. Central Committee General Secretary Xi Jinping gave an important speech.

The Plenum heard and discussed the work report that the Central Politburo entrusted Xi Jinping to present, and deliberated and passed the “CCP Central Committee Proposals concerning Formulating the 13th Five-Year Plan for Economic and Social Development.” Xi Jinping provided an explanation concerning the “Proposals (Discussion Draft)” to the Plenum. Read the rest of this entry »

Opinions concerning Letting Socialist Literature and Art Flourish

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Central Committee

3 October 2015

In order to implement the spirit of the 18th Party Congress and the 3rd and 4th Plenums of the 18th Party Congress, earnestly implement the spirit of General Secretary Xi Jinping’s important speech at the Forum on Literature and Art, and let Socialist literature and art flourish, the following opinions are put forward. Read the rest of this entry »

New briefing paper: Governing the Web

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Recently, I contributed to the European Council on Foreign Relation’s China Analysis series of briefing papers. This paper, “Governing the Web” examines recent changes in Internet governance and regulation in China. 

“The internet has gained a new importance in Chinese domestic politics. It is seen as a powerful driver of economic reform, enables more effective social management by government, and realigns the central-local nexus within the party-state architecture.

“Nevertheless, there are international tensions, particularly in the relationship with the United States. Concerns about information and network security have driven China to pursue a policy of software indigenisation and to raise the requirements for foreign technology suppliers. They also fuel the hawkish voices that are already prominent in Chinese public discourse.

“If China and the international community wish to continue reaping the benefits of burgeoning technological change, it will be necessary to achieve some level of mutual co-operation that addresses China’s security concerns while maintaining the operational openness and ethos of collaboration at the heart of the internet’s architecture.”

The full paper can be downloaded free of charge on the ECFR website.

Outline of Operations to Stimulate the Development of Big Data

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State Council Notice concerning Printing and Issuance of the Outline of Operations to Stimulate the Development of Big Data

GF No. (2015)50

All provincial, autonomous region and municipal People’s Governments, all State Council ministries and commissions, all directly subordinate bodies.

Hereby, the “Outline of Operations to Stimulate the Development of Big Data” is printed and issued to you, please implement it earnestly.

State Council

31 August 2015 Read the rest of this entry »

Cybersecurity Law of the People’s Republic of China (Draft)

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This translation was published first on China Law Translate, and is the result of a collaborative effort led by Jeremy Daum. It is republished here with his kind permission. I contributed translations of chapters I and II, amongst others. 

The 15th meeting of the Standing Committee of the 12th National People’s Congress performed initial review of this “People’s Republic of China Cybersecurity Law (Draft)” in June 2014. The ” People’s Republic of China Cybersecurity Law (Draft)” is hereby released to the public on the Chinese National People’s Congress website for collection of public comments. The public can directly log in to the NPC website ((www.npc.gov.cn) )and provide comments; and may also mail comments to the National People’s Congress Legal Work Committee, (Beijing, Xicheng District, Qianmen West Road #1, 100805) [in Chinese: 北京市西城区前门西大街1号,邮编:100805] Please clearly indicate on the envelope that it is a comment on the Cybersecurity Law draft. The consultation period concludes on: August 5, 2015. Read the rest of this entry »

National Security Law of the People’s Republic of China

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(Passed at the 15th Meeting of the 12th National People’s Congress Standing Committee on 1 July 2015)

Chapter I: General principles

Article 1: In order to safeguard national security, defend the people’s democratic dictatorship regime and the system of Socialism with Chinese characteristics, protect the fundamental interests of the people, ensure the smooth progress of reform, opening up and Socialist modernization construction, and realize the great rejuvenation of the Chinese nation, in accordance with the Constitution, this Law is formulated. Read the rest of this entry »

State Council Guiding Opinions concerning Vigorously Moving Forward the “Internet Plus” Plan

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GF No. (2015)40

All provincial, autonomous region and municipal People’s Governments, all State Council ministries and commissions, all subordinate bodies:

“Internet Plus” is the profound integration of the innovation achievements of the Internet with all areas of the economy and society, it promotes technological progress, efficiency improvement and organizational reform, it enhances innovation and productivity in the real economy and creates new, even broader economic and social development circumstances with the Internet as basic infrastructure and innovation of factors. In a new round of scientific and technological revolution, as well as industrial reform worldwide, the Internet has vast prospects and limitless potential for converged development with all areas, it has already become an unstoppable tide of the times, and is having a strategic and comprehensive influence on the economic and social development of all countries. Vigorously giving rein to the comparative advantages that our country’s Internet has already created, grasping opportunities, strengthening confidence and accelerating the development of “Internet Plus”, will benefit the remoulding of innovation systems, stimulating innovative dynamism, fostering new business models and innovative public service models, and has an important role in the forging of mass entrepreneurship, mass innovation and strengthening the “double engine” of public products and public services, in actively adapting to and guiding the new normal of economic development, shaping new drivers for economic development and realizing the qualitative improvement and efficiency of the Chinese economy. Read the rest of this entry »

Cybersecurity Law draft under discussion at NPC

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A few days ago, it was reported in the Chinese press that opinions were solicited concerning the promulgation of cybersecurity legislation. According to these reports, consultation meetings had already been held with large Chinese companies such as Baidu, Alibaba, Tencent, 360 and Huawei, and that public consultation would be imminent. In the mean time, a draft cybersecurity law has been presented to the National People’s Congress Standing Committee at its bimonthly meeting. No text has been released as of yet, but a Xinhua press release summaries the main points of the draft. 

Draft Cybersecurity Law: Safeguard Sovereignty in Cyberspace

Xinhua (Journalists Luo Yufan, Chen Fei)

In order to ensure cybersecurity, safeguard sovereignty and national security in cyberspace, stimulate the healthy development of economic and social informatization, the incessant perfection of laws and regulations in the area of cyberspace protection is urgently required. The 5th Meeting of the 12th National People’s Congress Standing Committee has deliberated a draft cybersecurity law on the 24th.

The draft has 18 articles in 7 chapters, and provides a concrete structural design for areas such as guaranteeing the security of network products and services, guaranteeing the security of network operations, guaranteeing the security of network data, and guaranteeing the security of network information. Read the rest of this entry »

Notice concerning Further Strengthening Management of Radio and Television Presenters and the Use of Guest Stars

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This translation is based on a Xinhua announcement via QQ News. I am not sure this is the complete text of the Notice, given its brevity and lack of detail, but no more complete version has so far been published.

XGDF No. [2015]129

I, Strictly implement on-the-job management regulations for presenters.

News, commentary and interview programmes may not have or covertly have assisting presenter positions, radio and television programmes must have a clear division of work between presenters and guest stars, presenters shall be responsible for anchoring, guiding and controlling the programme, it is prohibited to have “guest star presenters”, and guest stars cannot exercise the duties of presenters.

II, Strengthen information management of presenters’ professional conduct.

III, Earnestly implement pre-broadcast censorship and rebroadcast re-censorship structures.

IV, Strengthen education and training for presenters and guest stars.

V, Make clear who bears chief responsibilities, and ensure they are satisfactorily carries out.

VI, Ensure that presenter qualifications are inspected and management structures are constructed for presenters and guest stars.

This Notice takes effect on 1 July 2015. The Notice requires that all radio and television work units “grasp the research and formulation of management rules for presenters and the use of guest stars in that work unit, professional conduct information management rules, pre-broadcast censorship regulations and education and training plans.

国家新闻出版广电总局关于进一步加强广播电视主持人和嘉宾使用管理的通知

新广电发[2015]129号

一、严格执行主持人上岗管理规定。

新闻、评论和访谈类节目不得设置或变相设置辅助性主持岗位,广播电视节目要明确主持人和嘉宾的分工,主持人应承担节目的串联、引导、把控等功能,不得设置“嘉宾主持”,嘉宾不能行使主持人职能。

二、加强主持人职务行为信息管理。

三、认真落实播前审查和重播重审制度。

四、加强主持人和嘉宾教育培训。

五、明确责任主体,确保落实到位。

六、做好主持人资质清查和主持人、嘉宾管理制度建设工作。

本通知自2015年7月1日起正式执行。通知要求各广播电视单位“抓紧研究制定本单位主持人和嘉宾使用管理办法,职务行为信息管理办法,播前审查细则和教育培训方案。”

China’s Constitutionalism Debate: The Article

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My article on China’s 2013 constitutionalism debate and its implications for political and legal reform has now been published in The China Journal. It can be accessed, for academic subscribers, through JSTOR. The working paper version remains available on SSRN.

Management Rules for the Dissemination of Audiovisual Programmes through the Internet and Other Information Networks

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(Opinion-solicitation draft)

Chapter I: General Principles

Article 1: In order to standardize the audiovisual programme dissemination order through the Internet and other information networks, stimulate the healthy and orderly development of audiovisual programme dissemination services through the Internet and other such information networks, safeguard the national interest and the public interest, and protect the lawful rights and interests of the public and bodies involved, these Rules are formulated. Read the rest of this entry »

Foster Good Netizens, Build a Safe Net Together

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Speech at the Initiation Ceremony for the 2nd National Cybersecurity Propaganda Week

1 June 2015

Lu Wei

All respected guests,

Comrades, students, friends:

Good morning, everyone! Today is “1 June”, the International Children’s Day, on this beautiful day that belongs to children, we are holding the initiation ceremony for the 2nd National Cybersecurity Propaganda Week in the China Science and Technology Museum. First and foremost, on behalf of the Central Internet Information Office [Note: this is a literal translation, the official English name for this body is the Cyberspace Administration of China], I’d like to send my congratulations to children on this holiday, and would like to express heartfelt thanks to all sponsoring work units, all localities and all departments, all enterprises and news media that support and participate in this Cybersecurity Propaganda Week! Read the rest of this entry »

State Governance in the Internet Era

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This article was originally posted on the Red Flag Manuscripts/Seeking Truth website on 22 May.

Song Fangmin

The 3rd Plenum of the 18th Party Congress put forward the overall objective of comprehensively deepening reform, which requires “perfecting and developing the Socialist system with Chinese characteristics, and moving forward the modernization of State governance systems and governing capabilities”. The modernization of State governance systems and governing capabilities transcend and develop traditional management, they cannot do without the support of modern Internet and informatization technologies, this is a major change with revolutionary significance, and requires our deep research. Read the rest of this entry »

Cybersovereignty Symbolizes National Sovereignty

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This article was published today in the PLA Daily, and reposted on the Seeking Truth website.

No-one living today can leave the network. The network is changing people’ lives, and is profoundly influencing national security.

Cybersovereignty symbolized national sovereignty. The online space is also the security space of a nation. If we do not occupy the online battlefield ourselves, others will occupy it; if we do not defend online territory ourselves, sovereignty will be lost, and it may even become a “bridgehead” for hostile forces to erode and disintegrate us.

The Internet has become the main battlefront for struggle in the ideological area. With the existence of the network, the ideological front has been completely thrown open, gates of minds have become gates of the country, defence of the mind has become defence of the country, and a battle of the minds has become a hidden war. Whoever controls the network, will seize the commanding heights in the ideological struggle, and command the lifelines of national security and development in the information era.

Network resources are not virtual resources, but they are real resources involving national security. In the network age, a country’s information, resources, morale, key nodes, etc., can be wantonly pillaged by hostile nations who control advanced network technology.

National security has become an important component part of our country’s overall security “chessboard”. It may be said that without cybersecurity, there is no national security.

With regard to cybersecurity, apart from the fact that we have strengthened technological forces, strengthening “moral defence” forces should become the heaviest of heavies. The Internet is “the greatest variable” that we face, if we do not handle it well, it may become “an anxiety in hearts and minds”. Especially online ideological work involves our banners, our path and national political security, this is a core battlefield that we must defend and occupy. A scholar pointed out that: “control of cyber power in the 21st century is equally decisive as controlling naval power in the 19th Century and airpower in the 20th”. Western anti-China forces have continuously and vainly attempted to use the Internet to topple China. A few years ago, western political leaders stated that “with the Internet, there is a way to counter China”, and “Socialist countries will fall into the Western fold, and this will start with the Internet”.

Consequently, Western hostile forces and a small number of “ideological traitors” in our country use the network, and relying on computers, mobile phones and other such information terminals, maliciously attack our Party, blacken the leaders who founded the New China, vilify our heroes, and arouse mistaken thinking trends of historical nihilism, with the ultimate goal of using “universal values” to mislead us, using “constitutional democracy” to throw us into turmoil, use “colour revolutions” to overthrow us, use negative public opinion and rumours to oppose us, and use “de-partification and depoliticization of the military” to upset us.

On this battlefield of the Internet, whether or not we are able to ward of the enemy from the gates of minds, directly affects our country’s ideological security and regime security. This is an online public opinion battle with glints and flashes of cold steel and numerous opportunities to make a kill. Back in the day, to tackle the Soviet Union, one method Western hostile forces adopted was online infiltration in the ideological area. Afterwards, in the Southern Alliance, and a number of countries in Southwest Asia, and North Africa, they played the same tricks: through subverting the online platforms of their target countries, they used means such as garbled statements and palming off the spurious as the genuine to attack their targets, and so by borrowing a knife to kill someone, they eliminated their strategic adversary in the real world.

If hearts are won, there is gladness, if hearts are lost, there is failure. A regime’s disintegration often begins in the ideological area, political upheaval and regime change can happen in the space of a night, but ideological evolution is a long-term process. If the ideological front is broken, other fronts will become difficult to hold. We must grasp the leadership power, management power and discourse power in online ideology work closely in our hands, we cannot let it fall to others at any time, otherwise, we will make irreversible and historical mistakes.

Even so, in comparison with the strategic attacks conducted in an organized, targeted, planned and gradual manner by hostile powers who have dominated online public opinion guidance power for a ling time, a small number of leading cadres in our Army haven’t yet learnt “the art of swimming” in the high waves of the network, they lack a sober understanding and sense of worry concerning the circumstances of the online public opinion struggle, and lack an active understanding and sense of purpose in battling for online “terrain” for the sake of the Party, the country and the Army.

Strengthening online ideology work means safeguarding the highest interest of the country and the nation, and safeguarding the fundamental interests of the people. In the face of this struggle, we cannot and must not retreat, we cannot and must not lose. If we do not give high regard to cybersovereignty, and do not put online ideological work in a high position and grasp it in our hands, the masses will be led astray by the enemy, and the military will face the risk of changing of nature and colour. It may be said that our biggest danger endangers it battlefield, and the most crucial matter is the crux of this battlefield.

It is still necessary to field the main force on this battlefield. In the journey towards a strong country and a strong military, our Army must not only firmly safeguard national sovereignty, security and development interests on the tangible traditional battlefield, it must also firmly defend ideological security and political security on the intangible cyber battlefield, this is a task to which we are duty-bound. Only if we act as we did at the time of the Battle of Triangle Hill, are riveted to the most forward position of the battlefield and the fight in this ideological struggle, are online “seed machines and propaganda teams”, and arouse hundreds and thousands in the “Red Army”, will we be able to be good shock troops and fresh troops in the construction of the “Online Great Wall”, and will we be able to endure and vanquish in this protracted, smokeless war.

Army Newspaper: We Can Absolutely Not Allow the Internet Become a Lost Territory of People’s Minds

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This article was published originally on 12 May in the PLA Daily

Since ancient times, those who won people’s minds won all under heaven. Now, the main battleground to contend for people’s minds has shifted towards the Internet.

Mao Zedong said: “Whenever you want to overthrow a regime, you must first create public opinion, you must first do ideological work. This is the case with the revolutionary class, it is also the case with the counterrevolutionary class.” The collapse of a regime often begins in the ideological area, the loss of the ideological area is the most dangerous loss. If a military defence line is not stable, it will break down after one blow, if the ideological defence line is not stable, it will fall of its own accord, even without a blow, “political upheaval and regime change might happen in a single night”. Read the rest of this entry »