10 February, 2016
The State Internet Information Office released
Administrative Provisions on Internet News Information Services (Revised Draft for comments) (“Draft for Comments”) 1 on January 11, 2016. This is the first time a revised draft has been issued to solicit comments since The Administration Measures on Internet News Information Services in 2005 (“2005 Provision”).
Notable changes in the Draft for Comments are:
1. The Change of Authority
The State Internet Information Office becomes the authority over internet news information services. This was previously under the authority of the State Council Information Office.
2. New Media has been brought under Supervision
In accordance with the provisions in the Draft for Comments, services for collecting, publishing and reposting news information to the public, as well as news information publication platform services through websites, applications, forums, blogs, micro blogs, instant communication tools, search engines and other applications with news media or social mobilization functions, shall obtain an internet news information service license. This provision has broadened the original concept and scale of the internet news service. However, there is still uncertainty in the interpretation and execution of this provision.
3. The License Access Threshold has been lifted
The Draft for Comments no longer distinguishes the business scope of news information service entities according to the founding entities, but makes specific demands on the news information service entities. The Draft for Comments specifies that, except for news entities and internet information service providers as legal persons, no entity shall provide news collecting, publishing or news reposting or publication platforms. According to Provision 2 of the draft for Comments, this greatly restricts, and even forbids entities and individuals from publishing “reports and comments on politics, the economy, military affairs, diplomacy, and other public affairs, including reports and comments on public emergencies” on micro blogs, forums and WeChat. We will continue to monitor this provision as the interpretation develops.
4. The News Shall Not Be Distort or Falsified
The Draft for Comments specifically regulates that reposting news shall not distort or falsify the original meaning of the title and contents of the news. This clearly requires the news information service provider shall repost the provided news completely and accurately, and shall not distort or falsify the original intent of the title and contents of the news. The providers should indicate the source, original author, original title, and the real name of the editor in a visible space, and guarantee the source of news information can be traced to its origin.
5. Personal Information Protection
In accordance with the provisions of the Draft for Comments, the provider of internet news information publication platform service shall require the users to provide real identity information, and the users shall agree to cooperate.
A provider of internet news information services shall expressly state the rules for information collection and the retention period of the information collected in advance, and shall obtain the consent of users if it intends to collect user information other than that prescribed in the preceding paragraph.
Internet information offices at all levels and their staff members shall be obligated to keep confidential any user identity information and log in information that comes to their knowledge during the performance of duties, and shall neither divulge, tamper with, damage, sell or illegally provide others with such information
6. Public Reporting Institution
The Draft for Comments requires that internet news information service providers establish a 24-hour supervision channel for recording tip-offs and to accept and dispose public tip-offs against illegal and harmful information from its service to the public. It shall inform the public of the channels and ways for recording tip-offs in a readily accessible manner.
7. Incredibility Blacklist
The Draft for Comments explicitly emphasizes that the State Internet Information Office and internet information offices at all levels shall set up online credit files and a dishonesty blacklist system for internet news information services to rate the credibility of providers of internet news information services, record credit ratings, and blacklist providers of Internet news information services that have been deemed to have committed acts of grave dishonesty. The online credit files of internet news information services shall be made public.
1 http://www.chinalaw.gov.cn/article/cazjgg/201601/2016010047 9940.shtml
