Interpretation of "Regulations on the Administration of Internet News Information Services" by the National Network Information Office: Illegal network public relations and water army are strictly pro

Interpretation of "Regulations on the Administration of Internet News Information Services" by the National Network Information Office: Illegal network public relations and water army are strictly prohibited? Q: Could you please tell us about the background of the promulgation of the Regulations?

A: Since its implementation in 2005, the original Regulations on the Administration of Internet News Information Services (hereinafter referred to as the Regulations) has played a positive role in standardizing China's Internet news information service activities and promoting the healthy and orderly development of Internet news information services. However, with the rapid development of Internet technology and application, some original regulations have not adapted to the reality of the development and management of Internet news information services and need to be revised in time. First, meet the needs of promoting development and standardizing management. In recent years, Internet news information services have developed rapidly, enriching people's online life, but at the same time, illegal online public relations, false news and other behaviors have also appeared, which have seriously infringed on the legitimate rights and interests of users. It is necessary to improve legislation to regulate them. The second is to meet the needs of further promoting administration according to law. Since the promulgation and implementation of the original regulations, the state has successively formulated and revised the Cyber Security Law and other laws and regulations. As the direct basis for the supervision and management of the network information department, the Regulations need to set up relevant systems in strict accordance with the provisions of the superior law and adjust the systems that do not meet the provisions of the superior law. The third is to meet the needs of the rapid development of Internet information technology and applications. In recent years, the Internet industry has developed rapidly, and new technologies and applications are constantly emerging. The emergence and popularization of Weibo, WeChat and client changed the background of the times when the original provision was based on "portal websites". The fourth is to meet the needs of management system and mechanism adjustment. According to the adjustment of departmental responsibilities, the Internet news information service management department was changed from "the State Council Press Office" to "National Internet Information Office". At the same time, in order to cope with the rapid development of Internet news information services, it is necessary to adjust the original two-level management system of the state and provinces, autonomous regions and municipalities directly under the Central Government to a three-level or four-level management system, and give full play to the territorial management role of local Internet information offices.

Q: What are the main contents of the revised Regulations?

A: The Regulations are divided into six chapters, namely, general provisions, licensing, operation, supervision and inspection, legal responsibilities and supplementary provisions, with a total of 29 articles.

The first chapter is the general principle, which stipulates the legislative purpose, principles, scope of application and the subject of supervision. The second chapter is licensing, which stipulates the conditions, materials, acceptance and decision of internet news information service licensing. Chapter III Operation, which regulates the daily operation system of Internet news information service providers. The fourth chapter is supervision and inspection, which stipulates the supervision and law enforcement of the State Internet Information Office and the local Internet Information Office. Chapter V Legal Liability stipulates the legal liability for acts in violation of regulations. The sixth chapter is the supplementary provisions, which stipulate the definition, publication and implementation of related terms.

Q: What is the main basis for amending the Regulations?

A: The main basis for the revision of the regulations includes the Cyber Security Law, the Measures for the Administration of Internet Information Services and the Decision of the State Council Municipality on Setting Administrative License for Administrative Examination and Approval Items that Really Need to Be Preserved. In the process of revision, firstly, according to the network security law, provisions have been made on user's real identity registration, personal information protection and illegal information disposal. Second, according to the Measures for the Administration of Internet Information Services, the daily operation management is stipulated. Third, according to the Decision of the State Council Municipality on Setting Administrative License for Administrative Examination and Approval Items that Really Need to Be Reserved, it has made specific provisions on the license management of Internet news information services.

Q: What are the key contents of the revision of the regulations?

A: The Regulations mainly revised the license management of Internet news information services, the network information management system and the main responsibility of Internet news information service providers. First, to adapt to the reality of the application and development of information technology, standardize and manage Internet news information services through Internet sites, forums, blogs, Weibo, public accounts, instant messaging tools, webcasts, etc. The second is to modify the licensing items to "provide Internet news information services", including Internet news information editing and publishing services, reprinting services and communication platform services, which are different from the original three types of management modes: news organizations set up editing and publishing, non-news organizations set up reprinting and news organizations set up Internet news organizations to publish their own news information. Third, the management system has been improved. The competent department has been changed from "the State Council Press Office" to "National Internet Information Office", and the responsibility of "Local Internet Information Office" has been added, and the responsibility of Internet news information service management has been entrusted to the network information departments below the provincial level. Fourth, the main responsibility of Internet news information service providers has been strengthened, and the management requirements for chief editors and employees, information security management and platform users have been clarified. Fifth, the content of protecting users' rights and interests has been added, and related contents such as personal information protection, prohibition of illegal profit-making by Internet news information service providers and their employees, and copyright protection have been stipulated.

Q: What are the permitted categories of regulations?

A: The Regulations allow Internet news information service activities, which have been adjusted on the basis of the original three categories. After adjustment, it is still divided into three categories. First, the Internet news information editing and publishing service, the application subject is limited to news units (including units controlled by them), and Internet news information reprinting service can be provided while obtaining such permission. The second is the Internet news information reprinting service. Third, Internet news information dissemination platform services mainly refer to platforms such as Weibo and instant messaging tools. If the communication platform provides editing, publishing and reprinting services at the same time, it shall apply for the service license for editing, publishing and reprinting internet news information in accordance with the provisions.

Q: What are the requirements of the Regulations for foreign investors to engage in Internet news information services?

A: The original "Regulations" clearly stated that "no organization may establish an Internet news information service unit in the form of Sino-foreign joint ventures, Sino-foreign cooperation or foreign investment. Internet news information service units and Chinese-foreign joint ventures, Chinese-foreign cooperation and foreign-funded enterprises at home and abroad shall declare safety assessment to the State Internet Information Office ". Proceeding from China's commitment to join the WTO and the requirements of relevant international agreements, this clause has not been amended.

Q: What are the provisions of the Regulations on protecting the rights and interests of citizens and legal persons?

A: The revision takes the protection of the legitimate rights and interests of citizens and legal persons as one of the key contents. First, it stipulates the requirements for the protection of personal information. The "Regulations" clearly stipulate that Internet news information service providers have the obligation to keep user identity information and log information confidential, and may not disclose, tamper with, damage, sell or illegally provide them to others. The second is to prohibit Internet news information service providers and their employees from making illegal profits, explicitly prohibit some illegal online public relations and naval phenomena in society, and require Internet news information service providers and their employees not to seek illegitimate interests by editing, publishing, reprinting, deleting news information, interfering with news information presentation or search results. The third is to clarify the requirements of copyright protection, requiring Internet news information service providers to abide by the provisions of copyright-related laws and regulations and protect the legitimate rights and interests of copyright owners when reprinting news information. The fourth is to strengthen the reporting supervision system. Internet news information service providers are required to establish and improve the reporting system and handle public reports in a timely manner. National and local Internet information offices are also required to disclose the ways of accepting reports to the public, and accept and handle reports.