Administrative Provisions on Communication Short Message Service Management Provisions

Regulations on the Management of Communication Short Message Services

Chapter 1 General Provisions

Article 1 is to standardize communication short message (hereinafter referred to as short message) service behavior and protect users These regulations are formulated in accordance with the "Decision of the Standing Committee of the National People's Congress on Strengthening Network Information Protection", the "Regulations of the People's Republic of China on Telecommunications" and other laws and administrative regulations to promote the healthy development of the short message service market. .

Article 2 These regulations shall apply to the provision and use of short message services within the territory of the People's Republic of China.

Article 3 The Ministry of Industry and Information Technology is responsible for the supervision and management of short message services nationwide.

The communications administration bureaus of provinces, autonomous regions, and municipalities directly under the Central Government are responsible for the supervision and management of short message services within their respective administrative regions.

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

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

Article 5: Encourage relevant industry associations to formulate self-regulatory management systems for short message services in accordance with the law, and guide members to strengthen self-regulatory management.

Chapter 2 Short Message Service Specifications

Article 6 Whoever operates short message services must obtain a telecommunications business license in accordance with the law.

Basic telecommunications business operators shall not provide network or business access services for operating short message services to units or individuals that have not obtained a telecommunications business license.

Article 7 Basic telecommunications business operators shall accurately record the names, access codes, access locations and other information of short message service providers that access their networks.

Article 8 Short message service providers shall formulate short message service rules and inform users of user-related content through service contracts or network access agreements, etc., and shall not use format clauses to infringe on users' legitimate rights and interests.

Article 9 If short message services need to charge users, the short message service provider shall ensure that the billing complies with relevant legal provisions and telecommunications standards, and clearly inform users in advance of the service content, tariff standards, charging methods and Unsubscription methods, etc.

Article 10 When short message service providers send short messages, they shall send the sender’s phone number or code together. They shall not send short messages that lack the sender’s phone number or code, and shall not send messages containing false or fraudulent information. A short message using the sender’s phone number or code.

Article 11 Short message service providers shall record short message sending and receiving times, sending and receiving end phone numbers or codes, user subscription and unsubscription status and other information in their service systems, ports Similar short messages should 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 user subscription and unsubscription status shall be kept until 5 months after the service relationship between the short message service provider and the user is terminated.

Article 12 When short message service providers provide port-type short message services, they shall require short message content providers to provide real identity information and conduct verification and registration.

Article 13 Short message service providers providing port-based short message services shall use port numbers in accordance with the code number structure, bit length, purpose and usage scope approved by the telecommunications regulatory agency. Port numbers may not be transferred or leased without the approval of the telecommunications regulatory agency.

Article 14 Short message service providers shall strictly abide by relevant laws and regulations when collecting and using users' personal information in business activities.

Article 15 Short message service providers shall establish and implement network and information security management systems, adopt security precautions, and strengthen public information inspections.

Article 16 Short message service providers and short message content providers shall not produce, copy, publish and disseminate content that contains prohibited content stipulated in the "Telecommunications Regulations of the People's Republic of China" and other laws and regulations short message.

Article 17 When sending public welfare short messages, the relevant departments of the people's government at or above the provincial level shall provide the telecommunications management agency with information such as the time for sending the short message, the content to be sent, the scope of sending, the sending agency, etc. 10 working days in advance. , the telecommunications management agency coordinates the short message service provider to send; if the short message is not a public welfare short message, the relevant department shall be informed in a timely manner and the reasons shall be explained.

If emergency public welfare short messages involving natural disasters, accidents, public health incidents and social security incident early warning and response are urgent and need to be sent in advance, the short message service provider shall follow the relevant emergency procedures. Plans and mechanisms shall be sent promptly and free of charge, and relevant departments shall provide relevant information to telecommunications management agencies afterwards.

Chapter 3 Commercial Short Message Management

Article 18 Short message service providers and short message content providers shall not send commercial messages to users without their consent or request. SMS. If the user expressly refuses to receive commercial text messages after agreeing, he should stop sending them.

When short message service providers and short message content providers request users to agree to receive commercial short messages, they should indicate the type, frequency, and period of commercial short messages to be sent. If the user does not reply, it will be deemed that he does not agree to receive it. If the user explicitly refuses or fails to reply, text messages with the same or similar content may not be sent to the user again.

When basic telecommunications business operators send port-based commercial short messages through their telecommunications networks, they should ensure that the relevant users have agreed or requested to receive the 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 Short message service providers and short message content providers who send commercial short messages to users shall provide convenient and effective ways to refuse receipt and notify users along with the short message. They shall not use any form of Set up obstacles for users to refuse to receive text messages.

Article 21 When short message service providers and short message content providers send commercial short messages to users, they should clearly indicate the name of the short message content provider in the short message.

Article 22 Short message service providers shall establish a short message management system and early warning monitoring mechanism, and prevent commercial messages sent without user consent or request through standardized management, technical means, contractual agreements and other measures. Sex messages.

Article 23 If a basic telecommunications business operator discovers that a short message service provider or short message content provider violates Article 18 of these regulations by sending commercial short messages, it shall take necessary measures to suspend or Stop providing relevant telecommunications resources to them and save relevant records.

Article 24: Users are encouraged to independently choose to use appropriate security protection methods such as short message security applications to improve their self-protection capabilities.

Chapter 4 User Complaints and Reports

Article 25 Short message service providers shall establish a complaint handling mechanism, publish effective and convenient contact information, and accept short message services. related complaints.

Article 26 The Ministry of Industry and Information Technology entrusts the 12321 Internet Bad and Spam Reporting and Acceptance Center (hereinafter referred to as the Reporting Center) to accept reports on short message services.

Article 27 If a user believes that he or she has been harassed by commercial text messages or received text messages that contain prohibited content stipulated in laws and regulations, he or she may complain to the short message service provider or report to the reporting center. .

After the reporting center accepts the user’s report, it shall transfer it to the short message service provider for processing within 5 working days. If any illegal behavior is discovered, it should be reported to the relevant state departments for handling in a timely manner.

When a short message service provider receives a user complaint or a report transferred by the reporting center, it shall promptly take effective measures after verification and provide feedback to the complaining party or the reporting center on the results within 15 working days.

Article 28 If the short message service provider discovers that the short message complained of or reported clearly contains the content specified in Article 16 of these regulations, it shall immediately stop sending, save relevant records, and promptly report to the Relevant state agencies shall report; if this unit is involved, an investigation shall be carried out immediately, effective prevention or handling measures shall be taken, and the investigation results shall be reported to the telecommunications management agency in a timely manner.

Article 29 If a user has a short message service dispute with a short message service provider, he or she may lodge a complaint with the telecommunications user complaint acceptance agency entrusted by the telecommunications management agency in accordance with the law.

Chapter 5 Supervision and Management

Article 30 When telecommunications management agencies supervise and inspect short message service activities, short message service providers and short message content providers shall cooperate. And provide relevant materials as required.

When telecommunications management agencies implement supervision and inspection, they shall record the supervision and inspection, and shall not hinder the normal operations or service activities of short message service providers and short message content providers, and shall not charge any fees.

Article 31 When the telecommunications management agency implements the annual inspection of telecommunications business licenses, it shall review the implementation of these regulations by short message service providers.

Article 32 Telecommunications management agencies shall record violations of these regulations by short message service providers in credit files and make them public. When necessary, the telecommunications regulatory agency may conduct regulatory interviews with the person in charge of the short message service provider.

Chapter 6 Legal Responsibilities

Article 33 Anyone who violates the provisions of Article 6, Paragraph 1 and Article 13 of these Regulations shall be prosecuted by the telecommunications management agency in accordance with the "People's **Article 69 of the Telecommunications Regulations of the People's Republic of China stipulates penalties.

Article 34 Basic telecommunications business operators and short message service providers violate Articles 7 to 12, 15, 18 to 21 of these Regulations , Article 27, paragraph 3, the telecommunications management agency shall, in accordance with its authority, order corrections within a time limit, issue a warning, and may impose a fine of not less than RMB 10,000 but not more than RMB 30,000, and shall make an announcement to the public.

If short message content providers violate the provisions of Articles 18 to 21 of these Regulations, the relevant departments shall impose penalties in accordance with relevant national laws and administrative regulations.

Article 35 Anyone who violates Article 16 of these Regulations shall be punished in accordance with Article 66 of the "Telecommunications Regulations of the People's Republic of China".

Article 36 If staff of telecommunications management agencies or reporting centers abuse their power, neglect their duties, or engage in malpractice for personal gain in the supervision and management of short message services, they shall be dealt with in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law. .

Chapter 7 Supplementary Provisions

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

(1) Short message service refers to the use of telecommunications networks Telecommunications services that provide limited-length text, data, sounds, images and other information to mobile phone, landline and other communication terminal users.

(2) Short message service provider refers to the provider of basic network services such as short message sending, storage, forwarding and reception, and the use of basic network facilities and services to provide a platform for other organizations and individuals to send short messages. Telecommunications business operators (including but not limited to basic telecommunications business, information service business in value-added telecommunications business and mobile communication resale business operators).

(3) Short message content provider refers to an organization or individual that sends its short messages through a short message service provider.

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

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

(6) Public welfare short messages refer to those sent to users by relevant departments of people’s governments at all levels and other units, aiming to serve the interests of the public, advocate social order and good customs, and prevent or deal with emergencies. , non-profit text messages to remind the public about disaster prevention and avoidance.

Article 38 The use of the Internet to provide text, data, sound, images and other information delivery services with short message characteristics to fixed-line, mobile phone and other communication terminal users shall be implemented with reference to these regulations. If the review and approval of the relevant competent departments is required according to law, the review and approval of the relevant departments shall be obtained.

Article 39 These regulations will come into effect on June 30, 2015.