(Beijing) In order to strengthen the management of Internet comment sections, the Cyberspace Administration of China (CAC) released newly revised regulations concerning social media comment sections on November 16. These new rules will come into effect on December 15th, which include strict supervision and review of the likes and comments posted online.
Since the implementation of the “Provisions on the Management of Internet Post Comments Services” on October 1, 2017, the Chinese government has monitored and controlled Chinese citizens’ online posting and commenting. Despite this, the Chinese government still believes that the control is not strong enough, so it has introduced new regulations to implement stricter and more refined control over public speech on the Internet, especially regulating the posts and comments on official accounts.
The new “Provisions” require comments posting service providers to have users provide information such as mobile phone numbers and ID card numbers before they can register and use the platforms. Comment posting service providers must hire speech review teams, and use technology and strict review methods to control the comments on posts. Providers must also review all news information prior to posting and set up a reporting system to encourage everyone to report “bad information” to the Internet Information Department. For those who post illegal and harmful information content, the services can give warning reminders, refuse to post the content, delete any information, limit account functions, suspend account updates, close accounts, prohibit re-registration, and other measures. Comments posting service providers must also establish user classification management system, to determine the credit level of “dangerous” account holders. If necessary, the providers must blacklist seriously untrustworthy users. Blacklisted users are prohibited from using comments services by re-registering their accounts.
The Cyberspace Administration of China will provide technical and information support for review and monitoring. Internet information departments at all levels will establish a monitoring system for daily inspections and regular inspections to supervise and inspect comments.
The new “Provisions” has a total of 16 articles, focusing on clarifying the responsibilities of the comment posting service providers to manage comments. It also spells out relevant requirements for the users of the commenting service.
The following is the full text of the “Provisions on the Management of Internet Post Comments Services”:
Article 1. For the purposes of regulating the Internet comments posting services, maintaining national security and public interest, and protecting the lawful rights and interests of citizens, legal persons, and other organizations, 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 Charging the Cyberspace Administration of China with the Content Management of Information on the Internet.
Article 2. Comments posting services shall be provided in compliance with these provisions in the territory of the People’s Republic of China.
For the purposes of these regulations, “comments posting services” means the services provided by Internet websites, apps, interactive communication platforms, and other communication platforms with characteristics of new media and functions of social mobilization for users to post words, symbols, emojis, photos, audios and videos, and other information in the manners of posting a topic, replying to a post, leaving a message, and “bullet screen,” among others.
Article 3 The Cyberspace Administration of China shall take charge of the national supervision, administration, and law enforcement in respect of comments posting services. The local cyberspace administrations shall be responsible for the supervision, administration, and law enforcement in respect of comments posting services within their respective administrative regions according to their functions.
The cyberspace administrations at all levels shall establish and improve a supervision and administration system combining routine inspection and regular inspection, and regulate the comments posting services of various communication platforms according to the law.
Article 4. Comments posting service providers shall strictly implement the responsibility of the comments posting service management entity, and perform the following obligations according to law:
(1) In accordance with the principle of “back-end real name, front-end voluntary,” registered users must provide real identity information authentication based on mobile phone number, ID card number or unified social credit code, etc. Users shall not submit unauthenticated real identity information or fraudulent organization. Users cannot use other people’s identity information.
(2) Establish and improve the user personal information protection system. The processing of user personal information shall follow the principles of legality, legitimacy, necessity, and good faith. Service providers must disclose the rules for processing personal information, and inform the purpose, method, type of personal information processed, retention period of personal information and other matters, and obtain the consent of the individual in accordance with the law. Except in cases as otherwise provided by laws and administrative regulations.
(3) Where news information is provided with follow-up and comments services, a system shall be established for review before posting.
(4) Those who provide comments posting services in the form of bullet screens shall provide corresponding static version of the information content on the same platform and page at the same time.
(5) Establish and improve information security management systems such as review management of posted comments, real-time inspections, emergency response, and reporting avenues. Service providers must promptly discover and deal with illegal and bad information, and report to the network information department.
(6) Innovate the management method of comments posting, develop and use post comment information security management technology, and improve the ability to deal with illegal and bad information; promptly discover security defects, loopholes and other risks in comment posting services, take remedial measures, and report to the network information department.
(7) Equip a review and editing team commensurate with the scale of services; strengthen the training the review and editing team, and improve the professionalism of the review and editor staff.
(8) Cooperate with the network information department to carry out supervision and inspection work in accordance with the law, and provide necessary technical and data support and assistance.
Article 5. Comment posting service providers with public opinion influence or social mobilization capabilities that post comments related to new products, new applications, and new functions shall conduct security assessments in accordance with relevant state regulations.
Article 6. Comment posting service providers shall sign a service agreement with registered users, clarify the service and management rules of posting comments, and the rights and obligations of both parties, such as the authority and management responsibility of the comment postings. The providers must fulfill the obligation of notifying relevant Internet laws and regulations and carry out Internet education to its users. For public account producers and operators, their posting and comment management authority and corresponding responsibilities should be clearly defined in the service agreement, and they should be urged to earnestly perform their management obligations.
Article 7. Comment posting service providers shall standardize management of the commenting service users and public account producers and operators in accordance with the user service agreement. For comment service users who publish illegal and bad information content, they should be given warning reminders, refuse to publish their post, delete information, restrict account functions, suspend account updates, close accounts, prohibit re-registration and other disposal measures in accordance with the law and contract, and save relevant records. Producers and operators of public accounts that fail to fulfill their management obligations and lead to illegal and inappropriate information content in the comment section of posts shall, according to the specific circumstances be given warning reminders, refuse to publish their post, delete information, restrict account functions, suspend account updates, close accounts, prohibit re-registration and other disposal measures in accordance with the law and contract and save relevant records. The records should be reported to the network information department in a timely manner.
Article 8. Comment posting service providers shall establish user classification management system, carry out credit evaluation on user thread comment behavior, determine service scope and functions according to credit level, and blacklist seriously untrustworthy users. Blacklisted users are prohibited from using comment services by re-registering their accounts.
Article 9. Users of the comment posting service providers shall abide by laws and regulations, follow public order and good customs, promote socialist core values, and shall not publish information prohibited by laws, regulations and relevant state regulations.
Article 10. Producers and operators of public accounts shall strengthen the review and management of the content of the comment section in their accounts, timely discover illegal and inappropriate information in the comment section, and take necessary measures such as reporting and handling.
Article 11. Producers and operators of public accounts may apply to the comment posting service providers for management rights such as reporting, hiding or deleting illegal and bad comment information, and voluntarily closing account comment posting abilities in accordance with the user service agreement. Comment posting service providers shall, after conducting a credit assessment of the comment posting management of the public account producers and operators, reasonably set management authority and provide relevant technical support based on the subject nature of the public account, credit assessment level, etc.
Article 12. Comment posting service providers, service users, and public account producers and operators are not allowed to post, delete, recommend comments, use software, hire commercial organizations and personnel to spread misinformation, interfere on the presentation of comments, infringe on the legitimate rights and interests of others or public interests, seek illegal interests, maliciously interfere with the order of commenting on posts, and mislead public opinion.
Article 13. Comment posting service providers shall establish and improve the system for public complaints and reporting of illegal and bad information on comments by comment service users, set up a convenient portal for complaints, reports and appeals, and promptly accept and deal with complaints related to thread comments.
If a comment posting service user has any objection to the comments that has been disposed of, he has the right to file a complaint with the comment posting service providers, and the comment posting service providers shall conduct verification and handling in accordance with the user service agreement.
Any organization or individual who finds violations of these regulations may file a complaint with the cyberspace administration. After receiving a complaint or report, the cybersecurity and informatization department shall deal with it in a timely manner according to law.
Article 14. The Internet information departments at all levels shall establish and improve a supervision and management system that combines daily inspections and regular inspections, and implement supervision and inspection of Internet comment services in accordance with the law.
Article 15. Violations of these regulations shall be dealt with by the national and local cyberspace administrations in accordance with relevant laws and regulations.
Article 16. These regulations shall come into force on December 15, 2022. The “Provisions on the Administration of Internet Comments Posting Services” announced on August 25, 2017 will be abolished at the same time.
The promulgation of the new regulations will narrow the already limited space for Chinese citizens to speak on the Internet, and the freedom of speech of Chinese citizens will be severely suppressed.
~Yu Bing, Special Correspondent of ChinaAid
