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The "Provisions on the Governance of Information on Online Violence" will come into force on August 1!

author:Yangtze River Cloud said

Cyberspace Administration of China

Ministry of Public Security of the People's Republic of China

Ministry of Culture and Tourism of the People's Republic of China

State Administration of Radio and Television

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No. 17

  The "Provisions on the Governance of Information on Online Violence" have been deliberated and passed at the 28th meeting of the 2023 Chamber Meeting of the Cyberspace Administration of China on December 25, 2023, and are hereby promulgated with the consent of the Ministry of Public Security, the Ministry of Culture and Tourism, and the State Administration of Radio and Television, to take effect on August 1, 2024.

Zhuang Rongwen, Director of the Cyberspace Administration of China

Minister of Public Security Wang Xiaohong

Minister of Culture and Tourism, Sun Yeli

Cao Shumin, director of the State Administration of Radio and Television

June 12, 2024

Provisions on the Governance of Information on Online Violence

Chapter I: General Provisions

  Article 1: These Provisions are drafted on the basis of the "People's Republic of China Cybersecurity Law", "People's Republic of China Personal Information Protection Law", "People's Republic of China Public Security Administration Punishment Law", "Measures on the Administration of Internet Information Services", and other laws and administrative regulations, so as to govern information on online violence, create a positive online ecosystem, safeguard citizens' lawful rights and interests, and preserve the societal public interest.

  Article 2: These Provisions apply to information governance activities on online violence within the mainland territory of the People's Republic of China.

  Article 3: The governance of information on online violence adheres to the principles of prevention at the source, combining prevention and control, treating both the symptoms and the root causes, and coordinating and co-governance.

  Article 4: The state internet information department is responsible for the overall planning and coordination of the nation's online violence information governance and related oversight and management efforts. The State Council's relevant departments such as for public security, culture and tourism, and radio and television are to carry out oversight and management efforts on online violence information on the basis of their respective duties.

  Local internet information departments are responsible for the overall planning and coordination of information governance and related oversight and management efforts on online violence within that administrative region. On the basis of their respective duties, local departments such as for public security, culture and tourism, and radio and television are to carry out oversight and management efforts on online violence information within that administrative region.

  Article 5: Network-related industry organizations are encouraged to strengthen industry self-discipline, carry out publicity on popularizing the law on the governance of online violence information, urge and guide online information service providers to strengthen the governance of online violence information and accept societal oversight, and provide support such as assistance and assistance to users who have been harmed by online violence information.

Chapter II: General Provisions

  Article 6: Network information service providers and users shall adhere to the Core Socialist Values, comply with laws and regulations, respect social mores and ethics, promote the formation of a positive, healthy, and positive online culture, and preserve a positive online ecology.

  Article 7: Network information service providers shall perform entity responsibility for the management of online information content, establish and improve mechanisms for the governance of information on online violence, and complete systems such as for user registration, account management, personal information protection, information publication review, monitoring and early warning, and identification and disposition.

  Article 8: Where network information service providers provide users with services such as information publication and instant messaging, they shall conduct verification of users' true identity information in accordance with law. Where users do not provide real identity information, network information service providers must not provide them with relevant services.

  Network information service providers shall strengthen the management of user account information, provide assistance in verifying account information to relevant entities that have suffered harm from online violent information, and prevent and stop counterfeiting, counterfeiting, or maliciously associating relevant entities from registering or publishing information in violation of regulations.

  Article 9: Network information service providers shall draft and disclose management rules and platform conventions, sign service agreements with users, clarify rights and obligations related to the governance of online violence information, and perform governance responsibilities in accordance with laws and agreements.

  Article 10: All organizations and individuals must not produce, reproduce, publish, or transmit illegal information related to online violence, and shall prevent and resist the production, reproduction, publication, or transmission of negative information related to online violence.

  Online violence incidents must not be exploited by any organization or individual to carry out marketing hype such as stirring up popularity, promoting and diverting traffic, and must not organize the production, reproduction, publication, or dissemination of information on online violence through methods such as mass registration or manipulation of user accounts.

  Where it is clearly known that others are engaged in illegal or criminal activities involving online violent information, no organization or individual must provide them with data, technology, traffic, funds, or other such support or assistance.

  Article 11: Network information service providers shall periodically publish announcements on the governance of information on online violence, and include the relevant work in the annual report on the governance of the online information content ecosystem.

Chapter III: Prevention and Early Warning

  Article 12: Under the guidance of the State Internet Information Department and the relevant departments of the State Council, network information service providers shall refine the standard rules for categorizing information on online violence, establish and complete a database of information characteristics of online violence and sample cases of typical cases, and employ a combination of technical means such as artificial intelligence and big data and manual review to strengthen the identification and monitoring of information on online violence.

  Article 13: Network information service providers shall establish and complete early warning models for online violence information, comprehensively discovering and warning information risks of online violence based on factors such as the type of incident, the target entity, the number of participants, the content of the information, the frequency of publication, the scene of the link, and reports and complaints.

  Where online information service providers discover that there is a risk of online violence information, they shall promptly respond to societal concerns, guide users to interact civilly and express themselves rationally, and promptly employ measures such as dynamic verification of real identity information, pop-up window prompts, warning of violations, and restricting traffic for abnormal accounts; Where it is discovered that there is a significant increase in the volume of browsing, searching, commenting, or reporting of relevant information content, it shall also be promptly reported to the relevant departments.

  Article 14: Network information service providers shall establish and complete credit management systems for user accounts, recording violations of laws and regulations in information related to online violence in users' credit records, lowering account credit levels or entering them into blacklists in accordance with laws and agreements, and restricting account functions or stopping the provision of relevant services on this basis.

Chapter IV: Information and Account Disposition

  Article 15: Where network information service providers discover illegal information related to online violence, or where they discover negative information related to online violence in a conspicuous position on their services or in key links that are likely to attract users' attention, they shall immediately stop transmission, employ measures to address such as deleting, blocking, or disconnecting links, store relevant records, and report to the relevant departments. Where suspected violations or crimes are discovered, they shall promptly report the case to the public security organs, provide relevant leads, and cooperate in carrying out investigations, investigations, and dispositions in accordance with law.

  Article 16: Internet news information service providers shall adhere to the correct political orientation, public opinion orientation, and value orientation, and strengthen public interest publicity on the governance of information on online violence.

  Internet news information service providers must not collect, edit, publish, or reprint news information related to online violence through methods such as exaggerating facts, exaggerating facts, or one-sided reporting. Where post comment services are provided for Internet news information, review shall be carried out before publication.

  Where internet news information service providers collect, edit, publish, or reprint news information related to online violence that is untrue or unfair, they shall immediately make public corrections to eliminate the impact.

  Article 17: Network information service providers shall strengthen the management of online A/V programs, online performances, and other such service content, and where they discover online A/V programs, online performances, or other services that contain information on online violence, they shall promptly delete the information or stop providing relevant services; Content review of services such as online livestreams and short videos shall be strengthened, promptly blocking online livestreams containing information on online violence, and disposing of short videos containing information on online violence.

  Article 18: Online information service providers shall strengthen the management of the content of post comment information, and shall promptly employ measures such as deleting, blocking, closing comments, and stopping the provision of relevant services for those who produce, reproduce, publish, or disseminate information on online violence through methods such as comments, replies, comments, barrages, and likes.

  Article 19: Network information service providers shall strengthen the management of online forum communities and online groups, prohibiting users from producing, reproducing, publishing, or transmitting information on online violence in sections, entries, supertalks, groups, and other such links, and prohibiting the creation of forum community and group accounts containing information on online violence through methods such as anonymous contributions or shouting in the air.

  The founders and managers of online forum communities and online groups shall perform management responsibilities, and where it is discovered that users have produced, reproduced, published, or transmitted information on online violence, they shall employ management measures such as restricting speech and removing from the group in accordance with laws and agreements.

  Article 20: Public account producer-operators shall establish and complete mechanisms for reviewing the security of information content throughout the entire process such as publication and promotion, interactive comments, and so forth, and where it is discovered that there is information on online violence in links such as account post comments, they shall promptly employ measures such as reporting and disposing of it.

  Article 21: For users who violate article 10 of these Provisions, network information service providers shall employ measures such as warnings, deletion of information, restrictions on account functions, and closure of accounts in accordance with laws and agreements, and store relevant records; Where information on online violence is organized, incited, or repeatedly published, network information service providers shall also employ measures such as blacklisting and prohibiting re-registration in accordance with laws and agreements.

  In addition to the provisions of the preceding paragraph, measures such as cleaning up subscribed accounts and suspending for-profit authority shall also be employed in accordance with laws and agreements.

  Article 22: Network information service providers shall employ measures such as warnings, suspension of for-profit authority, restriction of provision of services, and removal of online information content for online information content distribution service establishments that organize or incite the production, reproduction, publication, or transmission of information on online violence through multiple channels.

Chapter V: Protection Mechanisms

  Article 23: Network information service providers shall establish and complete functions for protecting information on online violence, providing convenience for users to set up online violence information protection options such as blocking unfamiliar users or specific users, the visible scope of information published by themselves, and prohibiting reprinting or commenting on information posted by themselves.

  Network information service providers shall improve rules for private messages, providing convenient options for users to set up online violence information protection options such as only receiving private messages from friends or refusing to receive all private messages, and encouraging the provision of functions such as intelligent blocking of private messages or custom private message blocking words.

  Article 24: Where network information service providers discover that users are facing the risk of online violence information, they shall promptly remind users in a conspicuous manner and inform them of the protective measures they can take.

  Where online information service providers discover that the risk of online violence information involves the following circumstances, they shall also provide users with guidance on the protection of online violence information and protection and rescue services, assist in initiating protective measures, and report to relevant departments such as for internet information and public security:

  (1) Online violence information infringes on the lawful rights and interests of minors, the elderly, persons with disabilities, and other users;

  (2) Online violence information violates users' personal privacy;

  (3) Other circumstances that may cause serious consequences such as personal or property damage to users if measures are not taken in a timely manner.

  Article 25: Where network information service providers discover or dispose of information on online violence, they shall promptly store data such as the content of the information, the number of views, comments, and forwards. Network information service providers shall provide users with functions such as the quick collection of evidence of information on online violence, and facilitate the protection of users' rights in accordance with laws and agreements.

  Where public security, internet information, and other relevant departments collect evidence in accordance with law, network information service providers shall promptly provide necessary technical support and assistance.

  Article 26: Network information service providers shall conscientiously accept societal oversight, optimize procedures for complaints and reports, set up special portals for quick complaints and reports of online violence information in conspicuous locations on their services, publish the handling process, promptly accept and handle public complaints and reports, and give feedback on the outcome of the handling.

  Network information service providers shall promptly make a judgment in consideration of the content of the complaint or report, as well as relevant supporting materials. Complaints and reports that are information on online violence shall be handled in accordance with law, and the results shall be given feedback; Where it is difficult to make an accurate judgment due to insufficient supporting materials, users shall be promptly informed to supplement the supporting materials; Complaints and reports that are not information on online violence shall be handled in accordance with the requirements for acceptance of other types of complaints or reports, and the outcome shall be given feedback.

  Article 27: Network information service providers shall give priority to handling complaints and reports of information related to minors' online violence. Where risks of online violence information involving violations of the lawful rights and interests of minor users are discovered, they shall promptly employ measures in accordance with the requirements of laws, regulations, and these Provisions, provide corresponding protection and rescue services, and report to the relevant departments.

  Network information service providers shall set up functions and channels to facilitate minors and their guardians' exercise of their right to notify the deletion of information on online violence, and after receiving relevant notices, they shall promptly employ necessary measures such as deleting, blocking, or disconnecting links, to prevent the spread of information.

Chapter VI: Oversight and Management and Legal Responsibility

  Article 28: Internet information departments, in conjunction with relevant departments such as for public security, culture and tourism, and radio and television, are to conduct oversight and inspections of online information service providers' governance of online violence information in accordance with law.

  Network information service providers shall cooperate with the internet information departments and relevant departments in carrying out oversight and inspections in accordance with law.

  Article 29: Internet information departments, in conjunction with relevant departments such as for public security, culture and tourism, and radio and television, are to establish and complete working mechanisms such as for information sharing, consultation and reporting, evidence collection and collection, and case supervision, to coordinate the governance of information on online violence.

  Public security organs shall promptly conduct a review of leads on violations and crimes involving online violence information transferred by departments such as for internet information, culture and tourism, and radio and television, and promptly file a case for investigation and investigation where the requirements for filing a case are met.

  Article 30: Where these Provisions are violated, punishments are to be given in accordance with the provisions of laws and administrative regulations such as the "Cybersecurity Law of the People's Republic of China", the "Personal Information Protection Law of the People's Republic of China", the "Public Security Administration Punishment Law of the People's Republic of China", and the "Measures for the Administration of Internet Information Services".

  Where laws or administrative regulations have no provisions, the relevant departments such as for internet information, public security, culture and tourism, and radio and television are to give warnings, circulate criticism, and order corrections to be made within a set period of time, and may give a concurrent fine of between 10,000 and 100,000 RMB; where it involves endangering citizens' lives, health, and safety and there are serious consequences, a concurrent fine of between 100,000 and 200,000 RMB is to be given.

  Organizations and individuals that organize or incite the production, reproduction, publication, or dissemination of information on online violence, or use online violence incidents to carry out malicious marketing hype, shall be given heavier punishments in accordance with law.

  Article 31: Where these Provisions are violated and harm is caused to others, civil liability shall be borne in accordance with law; where a violation of the administration of public security is constituted, a public security administrative sanction shall be given in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Chapter VII Supplementary Provisions

  Article 32: "Online violence information" as used in these Provisions refers to illegal and negative information that is published on individuals through the internet in the form of text, images, audio, video, and other such means, and that contains content such as insults and abuse, rumors and defamation, incitement of hatred, coercion and coercion, invasion of privacy, as well as accusations, ridicule, or belittling or disparaging discrimination that impacts physical and mental health.

  Article 33: These Provisions do not apply where online reports or exposing others' violations or crimes, or where public opinion oversight is carried out in accordance with law.

  Article 34: These Provisions take effect on August 1, 2024.

(Source: Ping An Hubei)

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