On 8 January 2021, the Cyberspace Administration of China (CAC), together with the Ministry of Industry and Information Technology (MIIT) and the Ministry of Public Security (MPS), released a draft for comments on Measures for the Administration on Internet Information Services (2021 Revised Draft for Comments). Previous revision of the Administrative Measures were published and released in 2011 by the State Council on the original State Council Order No. 292 in 2000.
Background
The current Measures for the Administration on Internet Information Services were enacted in 2000, when China had limited online space for information dissemination. Moreover, at that time, it mainly aimed at portal websites, emphasizing information security and management of information release. Now, as one of the countries with the most Internet applications in the world, China has applied the Internet to all aspects of life. The current situation is that the main body of Internet information management is diverse and complex, and the application of the Internet is also wide. Many contents in the original Measures for the Administration on Internet Information Services cannot meet the practical needs now.
In 2012, CAC, MIIT and other departments revised the Measures for the Administration on Internet Information Services, which was expanded to six chapters, 40 articles. The draft of the revision was publicly solicited for comments, but the revision was shelved for various reasons. This time, there are 54 articles in 6 chapters in the new Measures. The revised Measures is a concrete implementation of many provisions in the Cybersecurity Law. It clarifies again the responsibilities of CAC, MIIT and MPS for Internet information supervision, strengthens law enforcement methods and, most importantly, responds to real needs.
Clear Responsibility
In addition to standardizing information release, the Measures also regulates commercial applications and unfair competition.
Expand the concept of Internet information services to meet the regulatory needs of the new technological environment.
Clarify the responsibilities and division of labor of CAC, MIIT and MPS to improve the efficiency of supervision.
High emphasis on cyber security.
New prohibitive norms have been added, and illegal and criminal acts of social concern have been included in the scope of prohibition.
Embody the spirit of rights protection.
Strengthen the power of punishment and coercion of regulatory organs.
Significance
The Measures has a more clear, specific and unified standard for the current Internet information service management. It protects the legitimate rights and interests of citizens, legal persons and other organizations, plays a positive role in safeguarding citizens' rights of supervision, personal information rights and interests, reputation rights and other rights, and also standardizes the exercise of public power to some extent. The revision is of great significance to the implementation of the Cybersecurity Law and the maintenance of cybersecurity. At the same time, the new regulation targets at the prominent problems in the current order of Internet communication, helping to maintain the order of Internet communication and promote the healthy development of the Internet industry.
The Measures for the Administration on Internet Information Services is now soliciting public comments, and the deadline for feedback is February 7, 2021.
The Chinese text of the Measures for the Administration on Internet Information Services (2021 Revised Draft for Comments) is available at:
http://www.cac.gov.cn/2021-01/08/c_1611676476075132.htm
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