Content Management
Mobile Internet Application Information Service Management Regulations
Article 1: In order to strengthen management of mobile Internet application (apps) information services, protect the lawful rights of citizens, legal persons and other organizations, safeguard national security and the public interest, on the basis of the “National People’s Congress Standing Committee Decision concerning Strengthening Online Information Protection” and the “State Council Notice concerning Authorizing the Cyberspace Administration of China to Take Responsibility of Internet Information Content Management”, these Regulations are formulated.
Internet Information Search Services Management Regulations
Article 1: In order to standardize Internet information search services, stimulate the healthy and orderly development of the Internet information search sector, protect the lawful rights and interests of citizens, legal persons and other organizations, and safeguard national security and the public interest, on the basis of the “National People’s Congress Standing Committee Decision concerning Strengthening Online Information Protection” and the “State Council Notice concerning Authorizing the Cyberspace Administration of China to Take Responsibility for Internet Information Content Management Work”, these Regulations are formulated.
Internet information search services as named in these Regulations refers to services using computer technology to collect and process all kinds of information from the Internet and present it to users for retrieval.
Article 3: The Cyberspace Administration of China is responsible for supervision, management and law enforcement work of Internet information search services nationwide. Local Internet information offices are, on the basis of their respective duties and responsibilities, responsible for supervision, management and law enforcement work of Internet information search services within their administrative areas.
Article 4: Internet information search services sectoral organizations shall establish and complete sectoral self-discipline structures and sectoral norms, guide Internet information search services towards establishing and creating service norms, supervise Internet information search service providers to provide services according to the law and accept social supervision, and increase the professional cultivation of Internet information search service employees.
Article 5: Internet information search service providers shall obtain corresponding qualifications as laid down in laws and regulations.
Article 6: Internet information search service providers shall implement their dominant responsibility, establish and complete information security management systems including information examination and verification, real-time public information inspections, emergency response and personal information protection, etc., have secure and controllable prevention measures, and provide the necessary support to relevant departments exercising their duties and responsibilities according to the law.
Article 7: Internet information search service providers may not provide information content prohibited by law or administrative regulation through links, abstracts, screenshots, keywords, related searches, related recommendations and other such forms.
Article 8: Internet information search service providers shall, when discovering search results clearly contain information, websites or applications prohibited by laws or administrative regulations during the process of providing services, they shall cease providing related search results, preserve relevant records, and timely report the matter to the national or local Internet information office.
Article 9: Internet information search service providers and their employees may not pursue improper gain through severing related links or providing search results containing false information, or other such means.
Article 10: Internet information search service providers shall provide objective, fair and authoritative search results, they may not harm the national interest, the public interest, or the lawful rights and interests of citizens, legal persons and other organizations.
Article 11: Internet information search service providers providing paid-for search information services, shall verify the relevant credentials of clients according to the law, determine an upper limit of the proportion of the page for the paid=for search information, visibly differentiate natural and paid-for search information, and indicate paid-for search information results with a clear symbol.
Internet information search service providers providing commercial advertising information services shall abide by relevant laws and regulations.
Article 12: Internet information search service providers shall establish and complete public complaints, reporting and user rights protection systems, publish complaints and reporting methods in a clear location, actively accept public supervision, timely deal with complaints and reports from the public, and bear liability for compensation for harm inflicted on users’ rights and interests.
Article 13: These Regulations take effect on 1 August 2016.
互联网信息搜索服务管理规定
第一条为规范互联网信息搜索服务,促进互联网信息搜索行业健康有序发展,保护公民、法人和其他组织的合法权益,维护国家安全和公共利益,根据《全国人民代表大会常务委员会关于加强网络信息保护的决定》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》,制定本规定。
第二条在中华人民共和国境内从事互联网信息搜索服务,适用本规定。
本规定所称互联网信息搜索服务,是指运用计算机技术从互联网上搜集、处理各类信息供用户检索的服务。
第三条国家互联网信息办公室负责全国互联网信息搜索服务的监督管理执法工作。地方互联网信息办公室依据职责负责本行政区域内互联网信息搜索服务的监督管理执法工作。
第四条互联网信息搜索服务行业组织应当建立健全行业自律制度和行业准则,指导互联网信息搜索服务提供者建立健全服务规范,督促互联网信息搜索服务提供者依法提供服务、接受社会监督,提高互联网信息搜索服务从业人员的职业素养。
第五条互联网信息搜索服务提供者应当取得法律法规规定的相关资质。
第六条互联网信息搜索服务提供者应当落实主体责任,建立健全信息审核、公共信息实时巡查、应急处置及个人信息保护等信息安全管理制度,具有安全可控的防范措施,为有关部门依法履行职责提供必要的技术支持。
第七条互联网信息搜索服务提供者不得以链接、摘要、快照、联想词、相关搜索、相关推荐等形式提供含有法律法规禁止的信息内容。
第八条互联网信息搜索服务提供者提供服务过程中发现搜索结果明显含有法律法规禁止内容的信息、网站及应用,应当停止提供相关搜索结果,保存有关记录,并及时向国家或者地方互联网信息办公室报告。
第九条互联网信息搜索服务提供者及其从业人员,不得通过断开相关链接或者提供含有虚假信息的搜索结果等手段,牟取不正当利益。
第十条互联网信息搜索服务提供者应当提供客观、公正、权威的搜索结果,不得损害国家利益、公共利益,以及公民、法人和其他组织的合法权益。
第十一条互联网信息搜索服务提供者提供付费搜索信息服务,应当依法查验客户有关资质,明确付费搜索信息页面比例上限,醒目区分自然搜索结果与付费搜索信息,对付费搜索信息逐条加注显著标识。
互联网信息搜索服务提供者提供商业广告信息服务,应当遵守相关法律法规。
第十二条互联网信息搜索服务提供者应当建立健全公众投诉、举报和用户权益保护制度,在显著位置公布投诉、举报方式,主动接受公众监督,及时处理公众投诉、举报,依法承担对用户权益造成损害的赔偿责任。
第十三条本规定自2016年8月1日起施行。
Procedural Regulations for Administrative Law Enforcement concerning Internet Information Content Management (Opinion-seeking Draft)
Chapter I: General Provisions
Article 1: In order to standardize and guarantee that Internet information content management departments exercise their powers according to the law, correctly impose administrative punishment, stimulate the healthy and orderly development of Internet information services, protect the lawful rights and interests of citizens, legal persons and other organizations, safeguard national security and the public interest, on the basis of the relevant provisions of the “Administrative Punishment Law of the People’s Republic of China”, the “Administrative Coercion Law of the People’s Republic of China”, the “National People’s Congress Standing Committee Decision concerning Strengthening the Protection of Online Information”, the “Internet Information Service Management Rules” and the “State Council Notice concerning Empowering the Cyberspace Administration of China to Take Responsibility of Internet Information Content Management Work”, etc., these Regulations are formulated. Read the rest of this entry »
Internet News Information Service Management Rules
(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 »
Outline of Operations to Stimulate the Development of Big Data
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)
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 »
Notice concerning Further Strengthening Management of Radio and Television Presenters and the Use of Guest Stars
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。”
Notice concerning Adjustment of the Ministry of Industry and Information Technology’s Relevant Duties and Bodies
To: Ministry of Industry and Information Technology
Your Ministry’s “Letter concerning Submitting the Opinions on Adjustment of Duties, Bodies and Personnel Allocation” (GXBR No. (2015)10) and relevant supplementary opinions (GRH No. (2015)50) have been received and read. After researching the matter and submitting it for approval to leading comrades in the State Council and Central Organization Department, hereby, matters concerning the adjustment of duties and bodies in your Ministry are notified as follows:
Notice concerning the Standardization of the Online Reprinting Copyright Order
In order to implement the CCP Central Committee General Office and State Council General Office “Guiding Opinions concerning Promoting the Converged Development of Traditional Media and New Media”, encourage lawful and sincere business between newspaper and periodical work units and Internet media, promote the establishment and completion of copyright cooperation mechanisms, and standardize the online reprint copyright order, on the basis of the relevant regulations of the “Copyright Law of the People’s Republic of China”, the “Copyright Law Implementation Regulations of the People’s Republic of China”, and the “Regulations to Protect the Right of Distribution Through Information Networks”, matters concerning standardizing the online reprint copyright order are hereby notified as follows: Read the rest of this entry »
Proposal on Upholding Cyber and Information Security
On 6 February, the Central Leading Group for Cybersecurity and Informatization and China Mobile jointly organized a nationwide conference for cyber and information security, at which China Telecom, China Mobile, People’s Daily Online, Xinhua Online, Qihoo 360 and other such Internet and information technology firms committed to new list of proposals concerning reforming the online environment. These documents mostly have symbolic value, but demonstrate the continuing pressure on enterprises to “identify with” (rentong 认同) the State’s objectives.
Since the 18th Party Congress, and especially since the establishment of the Central Leading Group for Cybersecurity and Informatization, the Centre has put forward a series of major policies and strategic deployments concerning cybersecurity and informatization work, greatly inspiring internet and information technology enterprises as well as sectoral organizations nationwide. Everyone deeply feels major responsibilities, and shall dare to undertake work, act vigorously, give rein to their own superiorities, and truly make even greater contributions to safeguarding our country’s cyber and information security. To this end, the Chinese Cyberspace Security Association, together with all Internet and information technology enterprises and sectoral organizations publish the following proposal: Read the rest of this entry »
“Opinions concerning Further Strengthening and Improving Propaganda and Ideology Work in Higher Education Under New Circumstances”
The “Opinion concerning Further Strengthening and Improving Propaganda and Ideology Work in Higher Education Under New Circumstances”, published today, is the latest of a series of documents aimed at imposing stricter political discipline and control in China’s academia. The original document has not been published. The following is a translation of Xinhua’s summary.
The Central Committee General Office and the State Council General Office have recently issued the “Opinions concerning Further Strengthening and Improving Propaganda and Ideology Work in Higher Education Under New Circumstances”. The “Opinion” emphatically points out that ideological work is an extremely important work of our Party and our country, higher education is a forward battlefield in ideological work, and shoulders the important tasks of studying, researching and propagating Marxism, fostering and carrying forward the Socialist core value system, and providing talent guarantees and intelligent support for the realization of the Chinese Dream of the great rejuvenation of the Chinese nation. Doing higher education propaganda and ideology work well and strengthening the construction of the higher education ideological battlefields are strategic projects, steadfast projects and projects of casting souls, they relate to Party leadership over higher education, relate to the comprehensive implementation of the Party’s educational policies, relate to successors for the undertaking of Socialism with Chinese characteristics, and have an extremely important and profound significance for consolidating the guiding position of Marxism in the ideological area and consolidating a common ideological basis for the united struggle of the entire Party, the entire country and all the people.
The “Opinion” consists of seven parts: I, Strengthening and improving higher education propaganda and ideology work is a major and urgent strategic task; II, guiding ideology, basic principles and main tasks; III, realistically promoting the entry of the theoretical system of Socialism with Chinese characteristics into textbooks, classrooms and minds; IV, Forcefully raising the ideological and political quality of higher education teaching teams; V, incessantly expanding higher education mainstream ideology and public opinion; VI, Striving to strengthen management of the higher education propaganda and ideology battlefield; VII, Realistically strengthening Party leadership over higher education propaganda and ideology work. Read the rest of this entry »
China’s propaganda leaders outline priorities for 2015
On 5 January, the Propaganda Department organised a conference for directors of local propaganda departments nationwide. Standing Committee member Liu Yunshan and Liu Qibao both gave speeches outlining propaganda priorities for 2015. Furthermore, it seems that the Cyberspace Administration of China organised a parallel meeting for propaganda online. There have been only intermittent references to this, which in a number of cases were removed from the Internet rapidly.
The following summary of the propaganda speeches was published on Xinhua’s website:
On 5 January, the Nationwide Propaganda Department Directors’ Conference was convened in Beijing. CCP Politburo Standing Committee Member and Central Secretariat Secretary Liu Yunshan attended and gave a speech. He stressed it was necessary to comply with the new demands of the development of the Party’s and State’s undertaking, firmly do propaganda and ideology work well, and provide powerful ideological and public opinion support for the comprehensive construction of a moderately prosperous society, comprehensively deepening reform, comprehensively govern the country according to the law, and comprehensively and strictly govern the Party.
Liu Yunshan pointed out that, to do propaganda and ideology work well, the most fundamental matter is using Socialism with Chinese characteristics to bring together an ideological consensus. We must persist in continuing to deeply study and implement the spirit of the series of important speeches by General Secretary Xi Jinping, work hard to understand the essence of this spirit, work hard to let it enter minds and hearts, and ensure that we study it so we can believe, use and practice it. Study to believe it means we must persist in ideals and convictions, and building firm spiritual supports; study to use it means we must persist in problem orientation, and use the spirit of the speeches to guide the resolution of real problems; study to practice it means we must internalize it in our hearts and externalize it in our practice, shaping strong forces for the promotion of the development of our undertaking and the realization of the Chinese Dream. Liu Yunshan stressed that propaganda and ideology work serves the bigger picture, it must closely revolve around the strategic “four comprehensives” deployment, grasp the correct public orientation guidance, strengthen propaganda and elucidation, create a beneficial environment, and promote the implementation of the Centre’s policy decisions. We must deeply move forward the construction of the Socialist cure value system, focus on model examples, focus on changing people through culture, focus on structures and standards, and incessantly consolidate the ideological and moral basis of the united struggle of the people of all ethnicities. We must persist in the creative orientation of putting people at the centre, stimulate writers to even more firmly take root among the people and take root in real life, and create ever more literary and artistic works that are imbued with real affairs and move people’s hearts, it is especially necessary to enhance the quality of works, stress social effect and prevent only looking at box office, only looking at viewing rates and only looking at clicks. We must fix our eyes on enhancing national cultural soft power, actively and colourfully tell China’s story well, strengthen the construction of international communication power, promote synergy with cultural marching out measures, and strive to create a good international public opinion environment. Liu Yunshan stressed that, to do propaganda and ideology work well, we must persist in Party management of propaganda and Party management of ideology, realistically grasp the leadership power and initiative in work. All levels’ Party Committees must bear general responsibility for ideological work, carry out the work to grasp the correct orientation and deploy guidance, strengthen supervision and inspection, grasp team construction, etc.; Party Committee secretaries must bear the first responsibility, take the lead in carrying professional responsibilities to the utmost; corresponding department s and work units must, in integration with their individual functions, make the responsibility they must bear more detailed, real and concrete.
CCP Politburo Member and Central Propaganda Department Director Liu Qibao chaired the Conference and provided work deployments, he stressed we must grasp the correct orientation, persist in value leadership, tell China’s story well, strengthen management according to the law, and strive for innovation and progress. We must deeply study, propagate and implement the spirit of the series of important speeches by General Secretary Xi Jinping, and deepen study, propaganda and education about Socialism with Chinese characteristics and the Chinese Dream; we must strengthen the Party Committees’ responsibility system in leading ideological work, and closely grasp the leadership power and the initiative in the ideological area; we must move forward the concretization and systematization of study, education and practice of the Socialist core value system, and strive to establish common value pursuits in all of society; we must improve public opinion guidance capacities and levels, consolidate and expand a positive, healthy and upward mainstream public opinion; stimulate literature and art workers to go deeply into life to let creation flourish, grasp the implementation of cultural structural reform tasks, truly, vividly and lively tell China’s story, improve national cultural soft power; strengthen grass-roots propaganda, ideology and cultural work, and promote the effective implementation of all tasks.
CCP Politburo Member and State Council Vice-Premier Liu Yandong attended the conference.
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