CHINA
Since December 2019, entry into force in March 2020
Pillar Intermediary liability |
Indicator Monitoring requirement
Provisions on the Governance of the Online Information Content Ecosystem (网络信息内容生态治理规定)
Under Chapter III of the Provisions on the Governance of the Online Information Content Ecosystem, content service platforms are obligated to establish and implement a governance framework aimed at fostering a "network information content ecology" in accordance with the Provisions. The platforms are also encouraged to promote permissible information and prohibit forbidden content, while being required to prevent the dissemination of information deemed necessary to suppress. Art. 34 further mandates that platforms adopt appropriate measures against individuals or entities responsible for producing, copying, or disseminating prohibited information. These measures may include issuing warnings, requiring corrections or other forms of rectification, imposing functional restrictions, suspending updates, and closing accounts, in accordance with relevant laws and contractual obligations. Additionally, under Art. 10, platforms are required to promptly remove illegal content, maintain records of such activities, and report these matters to the relevant authorities. Furthermore, Arts. 13, 14 and 15 stipulate that platforms must, among other obligations, develop and provide online products and services suitable for minors, enhance the monitoring and regulation of displayed advertisements, and establish a credit management system for user accounts, along with providing corresponding services as necessary.
Art. 41 of the Provisions specifies that the content service platforms mentioned in these Provisions refer to network information service providers that offer services for the dissemination of network information content.
Art. 41 of the Provisions specifies that the content service platforms mentioned in these Provisions refer to network information service providers that offer services for the dissemination of network information content.
Coverage Network information content service platforms
Sources
- https://web.archive.org/web/20240807074200/https://www.cac.gov.cn/2019-12/20/c_1578375159509309.htm
- https://web.archive.org/web/20240120065130/https://wilmap.stanford.edu/entries/provisions-governance-online-information-content-ecosystem
- https://web.archive.org/web/20221007125543/http://en.shanghaiinvest.com/information-center/newsletters/item/333-provisions-on-governance-of-the-network-information-content
- https://web.archive.org/web/20241202203024/https://www.huntonak.com/privacy-and-information-security-law/provisions-on-the-governance-of-network-information-content-ecology-goes-into-effect-in-china
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CHINA
Since August 2017
Since August 2017
Since August 2017
Pillar Intermediary liability |
Indicator Monitoring requirement
Administrative Measures on Internet Forum Community Service (互联网论坛社区服务管理规定)
Administrative Measures on Internet Comment (关于互联网评论的行政措施)
Administrative Measures on Internet Comment (关于互联网评论的行政措施)
According to the Administrative Measures on Internet Forum Community Service and the Administrative Measures on Internet Comment, providers of Internet forum community services and providers of comment functions (together known as 'Speech Function Providers') are required to monitor the posts and comments, take action and report to the Cyberspace Administration of China if prohibited information has been published or discovered. In such situations, Speech Function Providers are required to cease transmission of the content, delete content or comments, restrict the comment function, close user accounts or sub-forums and revoke administrator powers (in the case of a forum). For news-related comment functions, the comments must be censored before being published. Speech Function Providers are also required to set up a complaints procedure in relation to posts and comments.
Coverage Internet Forum Community Services and Providers of Comment Functions
CHINA
Reported in 2018, last reported in 2023
Pillar Content access |
Indicator Blocking or filtering of commercial web content
Blocking of web content
It is reported that as of May 2023, at least 175 of the 1,000 most heavily visited websites and social media platforms in the world were blocked in China. Numerous international news outlets and their Chinese-language websites, including those of the New York Times, Reuters, the Wall Street Journal, the Australian Broadcasting Corporation, and the British Broadcasting Corporation, are inaccessible. Furthermore, most international social media and messaging platforms, such as Facebook, WhatsApp, Twitter, Instagram, Signal, Clubhouse, YouTube, Telegram, Snapchat, Line, and Pinterest, are also blocked. The popular discussion forum Reddit has been blocked since August 2018, and all Wikipedia languages have been inaccessible since April 2019. Additionally, several Google services, including Maps, Translate, Calendar, Docs, Drive, Scholar, and Analytics, remained blocked throughout 2023.
Coverage Social media, apps, search engines
CHINA
Reported in 2022, last reported in 2023
Pillar Content access |
Indicator Blocking or filtering of commercial web content
Blocking of web content
It is reported that blocks on global search engines severely limit the content available on the Chinese internet. Google’s search engine has been blocked since 2012, while the Yahoo search function was blocked in 2018.
Coverage Social media, apps, search engines
CHINA
Reported in 2022, last reported in 2023
Pillar Content access |
Indicator Blocking or filtering of commercial web content
Blocking of web content
It is reported that service providers are barred from setting up VPNs without government approval, and illegal VPN operations have increasingly been targeted for closure or blocking. VPN providers have observed that the technical sophistication of Chinese authorities has grown, reflected in the increasing frequency of VPN blocking incidents. In November 2021, the Cyberspace Administration of China released a draft regulation titled Network Data Security Management Regulations, which would punish individuals and institutions for helping users circumvent internet censorship. Targeting app stores and hosting sites, the regulations propose penalties of up to 500,000 yuan (approx.70,300 USD).
Coverage VPNs
CHINA
Reported in 2024
Pillar Content access |
Indicator Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "6.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 3 in China for the year 2023. This corresponds to "Rarely but there have been a few occasions throughout the year when the government shut down domestic access to Internet."
Coverage Horizontal
CHINA
Since February 2016
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Online Publishing Service Management Rules (网络出版服务管理规定)
According to Art. 10 of the Administrative Regulations for Online Publishing Services, Chinese-foreign equity joint ventures, Chinese-foreign cooperative ventures, and foreign-funded entities are prohibited from engaging in online publishing services. Moreover, according to Art. 8, any publisher of online content, including texts, pictures, maps, games, animations, audio, and videos, must store its necessary technical equipment, related servers, and storage devices in China. Furthermore, any online publication service unit needs to get prior approval from the State Administration of Radio, Film, and Television (SARFT) if they want to cooperate on a project with any foreign company, joint venture, or individual.
Coverage Online publishing services
CHINA
Since September 2000, last amended in February 2016
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Telecommunications Regulations of the People’s Republic of China (中华人民共和国电信条例)
According to Art. 7 of the Telecom Regulations, a telecom operator must obtain a proper license for its telecom business. In accordance with Art. 8, telecom business is divided into basic telecom business and value-added telecom business. The Classification Catalogue of Telecom Business, attached to these Regulations, further divides basic telecom business and VAT business into different sub-categories, each requiring a corresponding license. One of the essential sub-categories of VAT business is called “Information Service”. The information service provided through the Internet is called “Internet Information Service”, which is usually referred to as Internet Content Provision (ICP) service. This is a very broad category and covers a wide range of online services, such as instant messaging, app stores, search engines, online communities, and online anti-virus services, among others. An ICP license is required for the ICP service. All websites with their own domain name that are hosted on the Chinese mainland territory are required to obtain an ICP license. Websites that are hosted outside of the Chinese mainland territory do not need to obtain it.
ICP filing is regulated by local regulations in each province. In general, requirements are similar in every province; for example, the core requirement fixed by Beijing municipality is that the website abides by the content laws in China and "should not contain materials related to terrorism, explosives, drugs, jurisprudence, gambling, and other illegal acts”. In addition, the following requirements and documents shall be prepared and provided:
- The domain name must be registered with a China-based domain name provider.
- The ICP Filing subject must be the domain name owner.
- For personal, a scanned copy or photo of the front and back of the ID card is required.
- For the company, a scanned copy or photo of the company’s registration certificate and scanned copies or photos of the front and back of the ID cards of the persons in charge of ICP Filing and the website.
- Other documents required by the local communications administration, such as a domain name certificate.
Websites are shut down, and companies can be blacklisted by the Chinese Ministry of Industry and Information Technology if they do not comply with the ministry's requirements.
ICP filing is regulated by local regulations in each province. In general, requirements are similar in every province; for example, the core requirement fixed by Beijing municipality is that the website abides by the content laws in China and "should not contain materials related to terrorism, explosives, drugs, jurisprudence, gambling, and other illegal acts”. In addition, the following requirements and documents shall be prepared and provided:
- The domain name must be registered with a China-based domain name provider.
- The ICP Filing subject must be the domain name owner.
- For personal, a scanned copy or photo of the front and back of the ID card is required.
- For the company, a scanned copy or photo of the company’s registration certificate and scanned copies or photos of the front and back of the ID cards of the persons in charge of ICP Filing and the website.
- Other documents required by the local communications administration, such as a domain name certificate.
Websites are shut down, and companies can be blacklisted by the Chinese Ministry of Industry and Information Technology if they do not comply with the ministry's requirements.
Coverage Internet Content Provision services
Sources
- https://web.archive.org/web/20240118214403/https://www.gov.cn/gongbao/content/2016/content_5139478.htm
- https://www.registrationchina.com/articles/law/telecommunications-regulations-of-china/
- https://web.archive.org/web/20231202115627/https://appinchina.co/government-documents/announcement-of-the-ministry-of-industry-and-information-technology-on-promulgating-the-classification-catalogue-o...
- https://web.archive.org/web/20230401205554/https://www.lexology.com/library/detail.aspx?g=7d68fc55-016c-4f2c-bb8c-d027e232cacc
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CHINA
Since June 2017
Since June 2017
Since June 2017
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Internet News Information Service Management Regulations (互联网新闻信息服务管理规定)
Provisions on Administrative Law Enforcement Procedures for Internet Information Content Management (互联网信息内容管理行政执法程序规定)
Provisions on Administrative Law Enforcement Procedures for Internet Information Content Management (互联网信息内容管理行政执法程序规定)
According to Art. 5 of the Provisions on the Administration of Internet News Information Services, Internet news providers are required to obtain a permit to provide Internet news information services to the social public through Internet websites, application software, forums, blogs, microblogs, public account, instant messaging tools, online live streaming and other such methods. In addition, pursuant to Art. 6 of the Provisions, the applicant’s person-in-charge or chief editor must be a Chinese citizen, and the applicant shall have a legal person legally established within the territory of the People's Republic of China. Furthermore, the applicant must separately obtain an Internet Content Provider (ICP) license or an ICP filing from telecom industry regulators. According to Art. 16 of the law, without an ICP number, a website can be shut down by the hosting provider with no notice.
Furthermore, all privately operated news services are obligated to have their operations overseen by personnel endorsed by the ruling party. Editorial staff working on these platforms need approval from national or local government internet and information offices, and their employees are required to undergo training and obtain reporting credentials from the central government. The Provisions on Administrative Law Enforcement Procedures for Internet Information Content Management set out the procedural and administrative processes for the Cyberspace Administration of China to enforce the laws and regulations relating to Internet content.
Furthermore, all privately operated news services are obligated to have their operations overseen by personnel endorsed by the ruling party. Editorial staff working on these platforms need approval from national or local government internet and information offices, and their employees are required to undergo training and obtain reporting credentials from the central government. The Provisions on Administrative Law Enforcement Procedures for Internet Information Content Management set out the procedural and administrative processes for the Cyberspace Administration of China to enforce the laws and regulations relating to Internet content.
Coverage Online news providers
CHINA
Since February 1996
Sine June 2017
Sine June 2017
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Interim Provisions of the People's Republic of China on the Management of International Networking of Computer Information Networks (中华人民共和国计算机信息网络国际联网管理暂行规定)
Provisions on Administrative Law Enforcement Procedures for Internet Information Content Management (互联网信息内容管理行政执法程序规定)
Provisions on Administrative Law Enforcement Procedures for Internet Information Content Management (互联网信息内容管理行政执法程序规定)
According to Art. 6 of the Interim Provisions of the People's Republic of China on the Management of International Networking of Computer Information Networks, computer information networks for direct international networking must use the international channels provided by the national public telecommunications network of the Ministry of Posts and Telecommunications. No unit or individual may establish or use other channels for international networking on their own. The public security authorities may issue a warning and impose a fine of up to RMB 15,000 (USD 2,200) on anyone who violates this provision. In addition, institutions or individuals are not allowed to use the international network to endanger national security, divulge state secrets, infringe upon national, social, and collective interests and the legitimate rights and interests of citizens, or engage in illegal and criminal activities. Institutions and individuals engaged in international networking services are required to file procedures in designated public security agencies within 30 days of the connection and accept the security supervision, inspection, and guidance of the public security authorities; for those who violate the measures, individuals and institutions can be fined in serious cases. The Provisions on Administrative Law Enforcement Procedures for Internet Information Content Management set out the procedural and administrative processes for the Cyberspace Administration of China to enforce the laws and regulations relating to Internet content.
Coverage Internet access
Sources
- https://web.archive.org/web/20231202113044/http://www.gov.cn/gongbao/content/2011/content_1860856.htm
- https://web.archive.org/web/20230528163829/http://www.gov.cn/zhengce/2020-12/26/content_5574802.htm
- https://web.archive.org/web/20220101170225/https://www.globaltimes.cn/content/1030188.shtml
- http://www.lawinfochina.com/display.aspx?lib=law&id=6247&CGid=
- https://web.archive.org/web/20210921030637/http://www.scio.gov.cn/xwfbh/xwbfbh/wqfbh/35861/36970/xgzc36976/Document/1559330/1559330.htm
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CHINA
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
China has not joined any agreement with binding commitments on data flows.
Coverage Horizontal
CHINA
Since June 2016, entry into force in August 2016
Pillar Intermediary liability |
Indicator User identity requirement
Administrative Provisions on Information Services of Mobile Internet Application Programs (移动互联网应用程序的信息服务管理规定)
According to the Administrative Provisions on Information Services of Mobile Internet Application Program, app providers must ensure that new app users register with their real names by verifying users’ mobile phone numbers and/or other identity information.
Coverage Internet app providers and mobile Internet app stores
Sources
- https://web.archive.org/web/20200227150425/http://www.loc.gov/law/foreign-news/article/china-cyberspace-administration-releases-new-rules-on-mobile-apps/
- https://web.archive.org/web/20200215210816/https://www.cac.gov.cn/2016-06/28/c_1119122192.htm
- https://web.archive.org/web/20200312125139/http://www.cac.gov.cn/2016-06/28/c_1119122192.htm
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CHINA
Since August 2021, entry into force in November 2021
Pillar Domestic data policies |
Indicator Framework for data protection
Personal Information Protection Law《个人信息保护法》
The Personal Information Protection Law (PIPL) is China's comprehensive data protection law and governs personal information processing activities carried out by entities or individuals within China. The PIPL introduces several important concepts, such as personal information, sensitive personal information, and processing.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230318162638/http://en.npc.gov.cn.cdurl.cn/2021-12/29/c_694559.htm
- https://web.archive.org/web/20230327145925/https://www.dataguidance.com/notes/china-data-protection-overview
- https://web.archive.org/web/20201129095844/https://www.mondaq.com/china/data-protection/1010164/china-releases-draft-personal-information-protection-law-
- https://web.archive.org/web/20230926053640/https://www.china-briefing.com/news/data-privacy-china-personal-information-protection-law-it-compliance-considerations/
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CHINA
Since September 2000
Since December 2012
Since December 2012
Pillar Domestic data policies |
Indicator Minimum period for data retention
Regulation on Internet Information Services of the People's Republic of China 《互联网信息服务管理办法》
Decision on Strengthening Network Information Protection 《关于加强网络信息保护的决定
Decision on Strengthening Network Information Protection 《关于加强网络信息保护的决定
The Regulation on Internet Information Services of the People's Republic of China requires that Internet Service Providers (ISPs) keep records of each service user’s time spent online, user account, IP address or domain name, phone number and other information for 60 days and provide that information to the authorised government authorities when required (Art. 14).
In addition, the Decision on Strengthening Network Information Protection requires ISPs to cooperate with the government and provide technical support upon inquiry from the authorised government authorities (Art. 10).
In addition, the Decision on Strengthening Network Information Protection requires ISPs to cooperate with the government and provide technical support upon inquiry from the authorised government authorities (Art. 10).
Coverage Internet Service Providers
Sources
- https://web.archive.org/web/20211025231406/http://www.lawinfochina.com/Display.aspx?lib=law&Cgid=31477
- https://web.archive.org/web/20190404000306/http://www.loc.gov/law/foreign-news/article/china-npc-decision-on-network-information-protection/
- https://web.archive.org/web/20220117214103/https://www.dlapiperdataprotection.com/system/modules/za.co.heliosdesign.dla.lotw.data_protection/functions/handbook.pdf?country-1=CN
- https://web.archive.org/web/20220305221504/http://www.gov.cn/gongbao/content/2000/content_60531.htm
- https://web.archive.org/web/20230327145941/http://www.gov.cn/jrzg/2012-12/28/content_2301231.htm
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CHINA
Since April 2001, amended in 2011, 2016, and 2019
Pillar Domestic data policies |
Indicator Minimum period for data retention
Internet Surfing Service Business Venue Management Rules 《互联网上网服务营业场所管理办法》
The Internet Surfing Service Business Venue Management Rules apply to commercial venues that provide Internet surfing services to the public through computers connected to the Internet. According to the Rules, Internet surfing service businesses are required to record the users' authentic ID information and relevant surfing information, record back-ups, preserve such information for 60 days and provide the same to relevant governmental departments who make inquiries according to the law.
Coverage Internet surfing services
Sources
- https://web.archive.org/web/20230519074759/https://chinacopyrightandmedia.wordpress.com/2001/04/03/internet-surfing-service-business-venue-management-rules/
- https://web.archive.org/web/20230110061559/https://www.coe.int/t/dg1/legalcooperation/economiccrime/cybercrime/Documents/CountryProfiles/567%20china-d-Comparative%20Research_ed1a.PDF
- https://web.archive.org/web/20240610193600/http://www.gov.cn/gongbao/content/2002/content_61949.htm
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