Provisions on the administration of communication services

Provisions on the administration of communication short message service

Chapter I General Provisions

Article 1 These Provisions are formulated in accordance with the Decision of the Standing Committee of the National People's Congress on Strengthening the Protection of Network Information, the Regulations of People's Republic of China (PRC) Telecom and other laws and administrative regulations in order to standardize the short message service, safeguard the legitimate rights and interests of users and promote the healthy development of the short message service market.

Article 2 These Provisions shall apply to the provision and use of short message services in People's Republic of China (PRC).

Article 3 The Ministry of Industry and Information Technology shall be responsible for the supervision and administration of short message service throughout the country.

The communication administrations of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the supervision and management of short message services within their respective administrative areas.

The Ministry of Industry and Information Technology and the communications administrations of provinces, autonomous regions and municipalities directly under the Central Government are collectively referred to as telecommunications regulatory agencies.

Article 4 Those who provide and use short message services shall abide by laws, administrative regulations and relevant provisions of telecommunications regulatory agencies, and shall not engage in illegal activities by using short message services.

Article 5 Relevant trade associations are encouraged to formulate a self-discipline management system for SMS services according to law, and guide members to strengthen self-discipline management.

Chapter II Specification of Short Message Service

Article 6 Whoever engages in short message service shall obtain the business license of telecommunication business according to law.

Basic telecommunication business operators shall not provide short message service network or service access service for units or individuals that have not obtained the telecommunication business license.

Article 7 A basic telecommunication business operator shall accurately record the name, access code and access location of the short message service provider accessing its network.

Article 8 Short message service providers shall formulate short message service rules, inform users of the contents related to users through service contracts or network access agreements, and shall not use format clauses to infringe upon the legitimate rights and interests of users.

Article 9 If the short message service needs to charge users, the short message service provider shall ensure that the charges comply with relevant laws and telecommunications standards, and clearly inform users of the service content, tariff standards, charging methods and unsubscribe methods in advance.

Article 10 When sending a short message, a short message service provider shall send the phone number or code of the sender together, and shall not send a short message lacking the phone number or code of the sender, or send a short message containing a false or fraudulent phone number or code of the sender.

Article 11 A short message service provider shall record the sending and receiving time of the short message, the telephone numbers or codes of the sender and receiver, the subscription and unsubscribe of the user and other information in its service system, and the port short message shall also save the content of the short message.

The records specified in the preceding paragraph shall be kept for at least 5 months, among which the subscription and unsubscribe records of users shall be kept for 5 months after the short message service provider terminates the service relationship with users.

Twelfth short message service providers to provide port short message services, short message content providers should be required to provide real identity information, and check and register.

Thirteenth short message service providers should use the port number according to the code number structure, bit length, purpose and scope of use approved by the telecommunications regulatory agency. No port number may be transferred or leased without the approval of the telecommunications regulatory agency.

Fourteenth short message service providers should strictly abide by the provisions of relevant laws and regulations when collecting and using users' personal information in their business activities.

Fifteenth short message service providers should establish and implement the network and information security management system, take security precautions and strengthen public information inspection.

Sixteenth short message service providers and short message content providers shall not make, copy, publish or spread short messages containing contents prohibited by laws and regulations such as People's Republic of China (PRC) Telecom Regulations.

Article 17 For sending short messages from the public, the relevant departments of the people's governments at or above the provincial level shall provide the telecommunications regulatory agency with information such as sending time, sending content, sending range and sending organization 10 working days in advance, and the telecommunications regulatory agency shall coordinate the service providers to send short messages; If it is not a public service message, inform the relevant departments in time and explain the reasons.

Short messages related to early warning and disposal of public emergencies such as natural disasters, accidents, public health incidents and social security incidents need to be sent first in case of emergency. Short message service providers should send them free of charge in time according to relevant emergency plans and mechanisms, and relevant departments should provide relevant information to telecommunications regulatory agencies afterwards.

Chapter III Management of Commercial Short Messages

Eighteenth short message service providers and short message content providers shall not send commercial short messages to users without the consent or request of users. If the user explicitly refuses to receive commercial short messages after agreeing, it shall stop sending.

When the short message service provider or the short message content provider asks the user to agree to receive commercial short messages, it shall specify the type, frequency and duration of the commercial short messages to be sent. If the user does not reply, it will be regarded as not agreeing to receive. If the user explicitly refuses or refuses to reply, he shall not send a short message with the same or similar content to him again.

When sending port-type commercial short messages through its telecommunication network, basic telecommunication business operators shall ensure that relevant users agree or request to receive relevant short messages.

Article 19 The ports used by short message service providers and short message content providers to send business management and service short messages shall not be used to send commercial short messages.

Article 20 When sending commercial short messages to users, short message service providers and short message content providers shall provide convenient and effective ways to refuse to receive them and inform users in the form of short messages, and shall not set obstacles for users to refuse to receive short messages in any form.

Twenty-first short message service providers and short message content providers should clearly indicate the name of the short message content provider when sending commercial short messages to users.

Twenty-second short message service providers should establish a short message management system and early warning monitoring mechanism, and take measures such as standardized management, technical means and contractual agreement to prevent sending commercial short messages without the consent or request of users.

Twenty-third basic telecommunications business operators found that short message service providers and short message content providers sent commercial short messages in violation of Article 18 of these Provisions, they should take necessary measures to suspend or stop providing relevant telecommunications resources to them and keep relevant records.

Twenty-fourth encourage users to choose to use SMS security application software and other appropriate security protection means to improve their self-protection ability.

Chapter IV User Complaints and Reports

Twenty-fifth short message service providers should establish a complaint handling mechanism, publish effective and convenient contact information, and accept complaints related to short message services.

Article 26 The Ministry of Industry and Information Technology entrusts 1232 1 Network Bad and Spam Reporting Acceptance Center (hereinafter referred to as the Reporting Center) to accept short message service reports.

Twenty-seventh users think that they have been harassed by commercial short messages or received short messages containing contents prohibited by laws and regulations, they can complain to the short message service provider or report to the reporting center.

After accepting the user's report, the report center shall hand it over to the SMS service provider for handling within 5 working days. If an illegal act is found, it shall be reported to the relevant state departments in a timely manner for handling.

Short message service providers should take effective measures in time after receiving user complaints or reports transferred from the reporting center, and feed back the disposal results to the complainant or reporting center within 15 working days.

Twenty-eighth short message service providers find that the short message complained or reported clearly contains the contents stipulated in Article 16 of these Provisions, they shall immediately stop sending, keep relevant records, and report to the relevant state organs in a timely manner; Involving this unit, it shall immediately carry out an investigation, take effective preventive or treatment measures, and report the results of the investigation to the telecommunications regulatory agency in a timely manner.

Twenty-ninth users and short message service providers have a short message service dispute, you can appeal to the telecommunications user complaint acceptance agency entrusted by the telecommunications regulatory agency according to law.

Chapter V Supervision and Administration

Thirtieth telecommunications regulatory agencies to implement supervision and inspection of short message service activities, short message service providers and short message content providers should cooperate and provide relevant materials as required.

When implementing supervision and inspection, the telecommunication management institution shall record the supervision and inspection, and shall not interfere with the normal operation or service activities of short message service providers and short message content providers, and shall not charge any fees.

Thirty-first telecommunications regulatory agencies to implement the annual inspection of telecommunications business license, it should review the implementation of these provisions by SMS service providers.

Thirty-second telecommunications management institutions shall record the acts of short message service providers in violation of these provisions in credit files and announce them to the public. When necessary, the telecommunications regulatory agency may conduct supervision talks with the person in charge of the short message service provider.

Chapter VI Legal Liability

Thirty-third in violation of the provisions of the first paragraph of article sixth, the provisions of article thirteenth, by the telecommunications regulatory agencies in accordance with the "People's Republic of China (PRC) Regulations" provisions of article sixty-ninth.

Article 34 Where a basic telecommunication business operator or short message service provider violates the provisions of Articles 7 to 12, 15, 18 to 21 and the third paragraph of Article 27 of these Provisions, the telecommunications regulatory agency shall, according to its functions and powers, order it to make corrections within a time limit, give it a warning, and may concurrently impose a fine ranging from 1 10,000 yuan to 30,000 yuan, and make an announcement.

Short message content providers who violate the provisions of Articles 18 to 21 shall be punished by the relevant departments in accordance with relevant state laws and administrative regulations.

Thirty-fifth in violation of the provisions of article sixteenth, shall be punished in accordance with the provisions of article sixty-sixth of the "People's Republic of China (PRC) Telecom Regulations".

Thirty-sixth telecom management institutions, reporting center staff abuse their powers, neglect their duties, engage in malpractices for selfish ends in the supervision and management of short message services, shall be dealt with according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VII Supplementary Provisions

Article 37 The meanings of the following terms in these Provisions are:

(1) Short message service refers to the telecommunication service that provides limited-length text, data, sound, images and other information to communication terminal users such as mobile phones and fixed telephones by using telecommunication networks.

(2) Short message service providers refer to telecom business operators who provide basic network services such as sending, storing, forwarding and receiving short messages, and use basic network facilities and services to provide a platform for other organizations and individuals to send short messages (including but not limited to basic telecom services, information services in value-added telecom services and mobile communication resale business operators).

(3) Short message content providers refer to organizations or individuals that send their short messages through short message service providers.

(4) Port short messages refer to short messages sent by short message service providers using their own ports or industrial application ports.

(5) Business short messages refer to short messages used to introduce and promote commodities, services or business investment opportunities.

(6) Public service short messages refer to non-profit short messages sent by relevant departments and other units of people's governments at all levels to users for the purpose of serving the public interest, advocating social public order and good customs, preventing or handling emergencies, and reminding the masses of disaster prevention and avoidance.

Thirty-eighth the use of the Internet to provide text, data, sound, images and other information transmission services with the characteristics of short messages to users of fixed telephones, mobile phones and other communication terminals shall be implemented with reference to these Provisions. If approval by the relevant competent department is required according to law, it shall be approved by the relevant department.

Article 39 These Provisions shall come into force on June 30th, 20 15.