Interpretation of "Regulations on the Management of Communication Short Message Service"

Short message service is widely used by users, which is related to the interests of the broad masses. In recent years, the short message service market in China has developed rapidly. In 20 14, the national mobile short message business volume exceeded 763 billion. At the same time, some service providers still have irregular operations, and the phenomenon of spam messages is prominent, which has aroused widespread concern in society.

In 20 12, the National People's Congress Standing Committee (NPCSC)'s "Decision on Strengthening Network Information Protection" (hereinafter referred to as the "Decision") clearly stipulated that commercial electronic information should not be sent to the fixed telephone or mobile phone without the consent or request of the recipient. This decision provides a basic legal basis for controlling spam messages. However, there are still some specific problems such as the way users refuse to receive short messages, the obligations of short message service providers, management measures and legal responsibilities, and the governance of spam messages is also facing difficulties such as insufficient legal basis. Formulating regulations, refining the obligations of SMS service providers, and clarifying the management system and punishment measures of commercial SMS are the practical needs of effectively controlling spam messages, and also the requirements of safeguarding users' legitimate rights and interests, standardizing SMS service behavior and promoting the healthy development of SMS service market. At the beginning of 20 13, the Ministry of industry and information technology started the drafting of the regulations. In the process of drafting, we mainly carried out the following work: First, we studied the management system of commercial short messages and public short messages. The second is to go to Jiangxi, Fujian and other places to carry out legislative research and listen to the opinions of local communication administrations and related telecommunications enterprises. Third, legislative coordination was carried out with relevant departments, and the "Regulations (Draft for Comment)" was formed by synthesizing the opinions of relevant parties. The fourth is to solicit the opinions of local communication administrations, basic telecommunications enterprises, internet enterprises and resale enterprises twice, and organize some enterprises to hold discussions. Fifth, the opinions of the Ministry of Public Security, the State Administration for Industry and Commerce, the Internet Information Office, the Seismological Bureau, the Meteorological Bureau and the the State Council Emergency Office were solicited in writing, and were revised and improved according to the feedback. Sixth, through the "Legal Information Network of China Government" and the portal website of the Ministry of Industry and Information Technology, the public is invited to solicit opinions. After soliciting opinions, all walks of life have given positive affirmation to the formulation of the Regulations, and there is no disagreement in principle. On the basis of the above work, we studied and formed the "Regulations (Draft)".

On May 6, 20 15, the "Regulations" were deliberated and adopted at the 4th ministerial meeting of the Ministry of Industry and Information Technology; On May 1 2009, Minister Miao Wei issued Order No.31of the Ministry of Industry and Information Technology, and promulgated the Regulations.

2065438+May 2005, the Ministry of Industry and Information Technology made it clear that commercial short messages should not be sent without users' consent, and the Regulations on the Management of Communication Short Message Service was passed and promulgated, clearly requiring short message service providers and short message content providers not to send commercial short messages to users without users' consent or request. And make corresponding provisions on SMS service specification, commercial SMS management, user complaints and reports. The Ministry of Industry and Information Technology requires short message service providers to establish a complaint handling mechanism, publish effective and convenient contact information, accept complaints related to short message services, and entrust the 1232 1 Network Bad and Spam Reporting Acceptance Center to accept short message service reports. In addition, the telecommunications regulatory agency shall record the acts of short message service providers in violation of these provisions in the credit files and publish them. These Provisions shall come into force on June 30th, 20 15. The "Regulations" mainly stipulates the following contents:

(1) Scope of application. These Provisions shall apply to the provision and use of short message service in China. At the same time, in order to meet the needs of the rapid development of the Internet, the Supplementary Provisions of the Regulations stipulate: "Using the Internet to provide text, data, sound, images and other information transmission services with short message characteristics to communication terminal users such as fixed telephones and mobile phones shall be implemented with reference to these Provisions."

(2) Short message service specification. The "Regulations" require short message service providers to abide by the following short message service specifications: those who operate short message services should obtain a telecom business license; If the short message service needs to charge users, it shall ensure that the charges comply with relevant laws and telecommunications standards; The short message service provider shall record the sending and receiving time of short messages, the subscription and unsubscribe of users and other information; Do not publish or disseminate short messages containing contents prohibited by laws and regulations. At the same time, the "Regulations" made corresponding provisions on sending public service short messages.

(3) Business SMS management. In order to implement the National People's Congress Standing Committee (NPCSC)'s decision, the regulations have strengthened the management measures for commercial short messages. The regulations stipulate that short message service providers and short message content providers shall not send commercial short messages to users without their consent or request; When requesting users to agree to receive commercial short messages, the type, frequency and duration of the commercial short messages to be sent shall be stated; The port used to send business management and service information shall not be used to send commercial short messages; Sending business short messages should provide a convenient and effective way to refuse; Short message service providers should establish short message management system and early warning monitoring mechanism.

(four) user complaints and reporting system. The Regulation establishes the system that the Ministry of Industry and Information Technology entrusts 1232 1 the acceptance center for reporting bad network and spam to accept short message service reports. At the same time, the procedures for handling complaints and reports of commercial short message intrusion and illegal information by users and illegal information by short message service providers are clarified.

(5) Supervision and inspection system. The "Regulations" clarify the power and obligation of telecom management institutions to supervise and inspect short message service activities, as well as the cooperation obligation of short message service providers. At the same time, a system has been established to record the illegal acts of SMS service providers in credit files and conduct supervision talks with their responsible persons.

In addition, the regulations also set corresponding legal responsibilities for the illegal acts of short message service providers, short message content providers, telecommunications management agencies and report acceptance center staff.