Cyberspace Administration of China: Carry out credit evaluation based on comments, and blacklist untrustworthy users

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On June 17, the Cyberspace Administration of China publicly solicited opinions on the “Administrative Provisions on Internet Thread Commenting Services (Revised Draft for Comments)”. It is mentioned that the post comment service provider should establish a user classification management system, carry out credit evaluation on the user’s post comment behavior, determine the scope of services and functions according to the credit level, and blacklist users who are seriously untrustworthy, and stop using Blacklisted users provide services, and are prohibited from opening an account by re-registering to use the commenting service.

Thread comment service refers to Internet sites, applications, and other website platforms with public opinion attributes or social mobilization capabilities, which provide users with published text, symbols, emoticons, pictures by means of posting, replying, leaving a message, “barrage”, etc. , audio and video and other information services.

The “Draft for Comments” requires that thread comment service providers should strictly implement the main responsibility of thread comment service management and perform relevant obligations in accordance with the law.

Attachment: Provisions on the Administration of Internet Thread Commenting Services (Draft for Comments)

State Internet Information Office

June 17, 2022

Provisions on the Administration of Internet Thread Commenting Services

(Revised draft for comments)

Article 1 In order to regulate the management of Internet threading and commenting services, safeguard national security and public interests, and protect the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the “Network Security Law of the People’s Republic of China”, “Measures for the Administration of Internet Information Services”, “Network Information Content” These regulations are formulated in accordance with laws and regulations such as the Regulations on Ecological Governance and relevant national regulations.

Article 2 The provision and use of commenting services within the territory of the People’s Republic of China shall abide by these regulations.

The term “post commenting service” as mentioned in these regulations refers to Internet sites, applications and other website platforms with public opinion attributes or social mobilization capabilities that provide users with published text, symbols, etc. , expressions, pictures, audio and video and other information services.

Article 3 The national cybersecurity and informatization department is responsible for the supervision, management and law enforcement of the national threading and commenting service. The local network information department shall be responsible for the supervision, management and law enforcement of the post comment service within its own administrative area.

Internet informatization departments at all levels shall establish and improve supervision and management systems that combine daily inspections and regular inspections, and regulate the service behavior of posts and comments on various website platforms in accordance with the law.

Article 4 Thread comment service providers shall strictly implement the main responsibilities of thread comment service management, and perform the following obligations in accordance with the law:

(1) In accordance with the principle of “real name in the background, voluntary in the front desk”, the real identity information of registered users shall be authenticated, and the post comment service shall not be provided to users who have not authenticated their real identity information.

(2) Establish and improve the user’s personal information protection system. The handling of user’s personal information shall follow the principles of legality, legitimacy, necessity and integrity, publicize the personal information processing rules, and inform the processing purpose, processing method, type of personal information processed, and storage period of personal information. and other matters, and obtain the consent of the individual in accordance with the law, unless otherwise stipulated by laws and administrative regulations.

(3) Those who provide a “barrage” post comment service should provide the corresponding static version of the information content on the same platform and page at the same time.

(4) Establish and improve information security management systems such as review and management of comments on posts, real-time inspections, emergency response, and acceptance of reports. The content of comments on posts should be reviewed before they are released, and illegal and bad information should be discovered and handled in a timely manner, and reported to the cybersecurity and informatization department. Report.

(5) To innovate the management method of comments and comments, develop and use the information security management technology of comments and comments, and improve the ability to deal with illegal and bad information; timely discover the risks such as security defects and loopholes in the comment service, take remedial measures, and report to the Internet. letter department report.

(6) Equipping a review and editing team suitable for the scale of services to improve the professional quality of review and editors.

(7) 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 If a thread comment service provider with public opinion attributes or social mobilization ability goes online with new products, new applications, and new functions related to thread comments, it shall conduct a security assessment in accordance with relevant state regulations.

Article 6 Thread comment service providers shall sign a service agreement with registered users, clarifying the service and management rules for thread comments, as well as the rights and obligations of both parties, such as the posting authority and management responsibilities of thread comments, perform the obligation to inform relevant Internet laws and regulations, and carry out civilized online education.

Article 7 Thread comment service providers shall conduct standardized management of thread comment service users and public account producers and operators in accordance with user service agreements. Thread comment service providers shall take warnings, refuse to publish, delete information, restrict functions, suspend account updates, close accounts, prohibit Re-registration and other disposal measures, and keep relevant records; for public account producers and operators who fail to fulfill their self-management obligations, resulting in illegal and bad information content in the follow-up process, they should take warnings, delete information, delete information, and Periodically limit the post comment function until it permanently closes the post comment function, suspend account updates, close accounts, prohibit re-registration and other disposal measures, and keep relevant records and report to the Internet Information Department in a timely manner.

Article 8 Thread commenting service providers shall establish a user classification management system, conduct credit assessments on users’ threading and commenting behaviors, determine service scope and functions according to their credit ratings, and blacklist users who are seriously untrustworthy, and stop listing them. Blacklisted users provide services, and are prohibited from opening accounts through re-registration and other methods to use the commenting service.

Article 9 The users of the thread commenting service shall abide by laws and regulations, follow public order and good customs, promote the core socialist values, and shall not publish information content prohibited by laws and regulations and relevant state regulations.

Article 10 Public account producers and operators shall perform the responsibility for self-management of the content of comments on posts, strengthen the review and management of the content of comments on accounts, timely discover illegal and bad information in comments on posts, and take necessary measures such as reporting and proactive disposal. .

Article 11 Public account producers and operators may apply to the post comment service provider in accordance with the user service agreement to obtain independent management rights such as reporting, deleting illegal and bad comment information, and voluntarily closing the account post comment function. Relevant technical support should be provided.

Article 12 Thread comment service providers, thread comment service users and public account producers and operators shall not infringe upon the legitimate rights and interests of others or seek to obtain information by publishing, deleting, recommending thread comment information, or interfering with the presentation of thread comment information. unlawful interests. It is not allowed to disseminate information by means of software, employment of commercial institutions and personnel, maliciously interfere with the normal order of thread comments, and mislead public opinion.

Article 13 Thread comment service providers shall establish and improve the public complaint, report and appeal system for illegal and bad information on thread comments, set up convenient complaint reports and appeal portals, and promptly accept and handle complaints, reports and appeals related to thread comments.

If the user of the post comment service has any objection to the processed post comment information, he has the right to file a complaint with the post comment service provider, and the post comment service provider shall check and deal with it in accordance with the user service agreement.

The national and local network and information departments shall, according to their duties, supervise and inspect the implementation of the acceptance of reports and appeals.

Article 14 If the thread comment service provider does not implement the main responsibility of the thread comment service management, and there is a relatively large security risk or a security incident occurs, the national and local network information departments shall issue warnings, notify criticism, and impose fines in accordance with relevant laws and regulations. , suspend the post comment function, stop the service and other measures.

Article 15 These regulations shall come into force from the date of 2022.

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