Provisions on the Administration of Microblog Information Services
2018-05-20 1172
- Provisions on the Administration of Microblog Information Services
Area of Law: Post and Telecommunications- Level of Authority: Departmental Regulatory Documents
- Date issued:02-02-2018
- Effective Date:03-20-2018
- Status: Effective
- Issuing Authority: All Offices (others)
Provisions on the
Administration of Microblog Information Services
(by Cyberspace Administration of China, February 2, 2018)
Article 1 For the purposes of promoting the sound and orderly development of
microblog information services, and protecting the lawful rights and interests
of citizens, legal persons, and other organizations, and safeguarding national
security and public interest, these Provisions are developed in accordance with
the Cybersecurity Law of the People's Republic of China
and the Notice of the State Council on
Delegating the Cyberspace Administration of China to Take Charge of the Content
Management of Information on the Internet.
Article 2 Any party that provides microblog information services within the
territory of the People's Republic of China shall abide by these Provisions.
For the purposes of these Provisions, the term “microblogs” means the social
networking services that disseminate and have access to information mainly in
such forms as short messages, pictures, and videos, based on the user follow-up
mechanism.
The term “microblog service providers” means the parties that provide the
microblog platform services. The term “microblog service users” means the
parties that release information, have interactions with others, among others,
by using microblog platforms.
The term “microblog information services” means the provision of microblog
platform services and the acts of releasing or disseminating information, among
others, on microblog platforms.
Article 3 The Cyberspace Administration of China shall take charge of the
supervision, administration, and law enforcement in respect of microblog
information services nationwide. The local cyberspace administrations shall
take charge of the supervision, administration, and law enforcement in respect
of microblog information services within their respective administrative
regions according to their functions.
Article 4 Microblog service providers shall obtain relevant qualifications as
required by laws and regulations in accordance with the law.
To provide the public with the Internet news information services, the provider
shall obtain the Internet news information service license in accordance with
the law, and provide such service within the licensed scope, and shall be
prohibited from carrying out activities related to the Internet news
information services without the license or beyond the licensed scope.
Article 5 Microblog service providers shall play an active role in promoting
the economic development and serving the public, uphold core socialist values,
spread advanced culture, adhere to the correct guidance of public opinions, and
advocate surfing the Internet in accordance with the law and in a civilized and
safe manner.
Article 6 Microblog service providers shall fulfill their primary
responsibilities for information content security management, establish and
improve their rules for user registration, review of information to be
released, follow-up comments management, emergency disposal, education and
training of their employees, among others, as well as the chief editor system,
adopt safe and controllable technical support and preventive measures, and be
staffed with management personnel suitable for the size of their services.
Microblog service providers shall develop platform service rules, and enter
into service agreements with microblog service users to specify both parties'
rights and obligations and require microblog service users to abide by relevant
laws and regulations.
Article 7 Microblog service providers shall, under the principle of “mandatory
registration of legal name in background and voluntary use of legal name as
screen name,” authenticate and regularly check the identity information of each
microblog service user in a way based on their organization codes,
identification certificate numbers and mobile phone numbers, among others.
Where any microblog service user refuses to provide its identity information,
the microblog service provider may not provide it with information disclosure
services.
Microblog service providers shall guarantee the security of the information of
microblog service users, and may not divulge, tamper with or damage the
information, or sell or illegally provide the information to any other person.
Article 8 Where a microblog service user applies for an authenticated account
with its legal name as screen name, the user shall provide valid certification
materials consistent with the information to be authenticated.
Where a domestic microblog service user with characteristics as an organization
applies for an authenticated account with its legal name as screen name, the
user shall provide valid certification materials such as the organization code
certificate and the business license.
Where an overseas organization or institution applies for an authenticated
account with its legal name as screen name, it shall provide valid
certification materials issued by its resident representative office in China.
Article 9 A microblog service provider shall, under the principle of graded and
categorized management, develop the specific management rules and provide
corresponding services based on the categories of microblog service users, the
content to be released, the number of followers and the credit ratings, among
others, and file such management rules and services with the Cyberspace
Administration of China or the cyberspace administration of the province,
autonomous region, or municipality directly under the Central Government.
Article 10 A microblog service provider shall examine the information as
provided by any microblog service user that applies for an authenticated
account with its legal name as screen name and file such information by
category with the Cyberspace Administration of China or the cyberspace
administration of the province, autonomous region, or municipality directly
under the Central Government where it is registered. Where the certification
materials provided by the microblog service user are inconsistent with the
information to be authenticated, the microblog service provider may not
authenticate the user's legal name as scree name.
Party and government offices at all levels, enterprises, public institutions,
people's groups, news media, and other organizations shall be responsible for
managing the information released through their respective authenticated
accounts with their legal names as screen names and the follow-up comments.
Microblog service providers shall provide the management authority and other
necessary supports.
Article 11 A microblog service provider shall establish and improve a mechanism
for refuting rumors. It shall take the initiative to refute rumors when it
finds that any microblog service user publishes or spreads any rumor or
untruthful information.
Article 12 Microblog service providers and microblog service users shall not
release and disseminate any information prohibited by laws and regulations by
utilizing microblogs.
When a microblog service provider finds that a microblog service user releases
or disseminates any information prohibited by laws and regulations, it shall
immediately cease the transmission of such information, take deletion or any
other handling measure, preserve relevant records, and report it to the
relevant competent department.
Article 13 To apply new technologies or adjust or introduce new functions with
characteristics of news media and functions of social mobilization, a microblog
service provider shall report to the Cyberspace Administration of China or the
cyberspace administration of the province, autonomous region, or municipality
directly under the Central Government for security assessment.
Article 14 A microblog service provider shall consciously accept public
scrutiny, set up a convenient complaint and tip-off entrance, and process
public complaints and tip-offs in a timely manner.
Article 15 The State encourages and directs Internet industry associations to
establish and improve the industry self-regulatory rules and industry standards
for the microblog industry, promote the development of the credit rating system
and the credit system for the microblog industry, and urge microblog service
providers to provide services in accordance with the law and accept public
scrutiny.
Article 16 Microblog service providers shall abide by the provisions of
relevant laws and regulations issued by the State, cooperate with relevant
authorities in the supervision, administration and law enforcement, and provide
necessary technical support and assistance.
Microblog service providers shall keep records of microblog service users' log information
for not less than six months.
Article 17 Microblog service providers that violate these Provisions shall be
punished by the appropriate authorities in accordance with the relevant laws
and regulations.
Article 18 These Provisions shall come into force on March 20, 2018.