GXBTZ [2019] No. 3

Network Information Office, Culture and Tourism Department (Bureau), Radio and Television Bureau, Xinjiang Production and Construction Corps Network Information Office, Culture, Sports, Radio, Television and Tourism Bureau of all provinces, autonomous regions and municipalities directly under the Central Government:

In order to promote the healthy and orderly development of online audio and video information services, protect the legitimate rights and interests of citizens, legal persons and other organizations, and safeguard national security and public interests, the State Internet Information Office, the Ministry of Culture and Tourism, and the State Administration of Radio and Television have formulated the Regulations on the Management of Online Audio and Video Information Services. It is hereby printed and distributed to you. Please follow it carefully.

National Internet Information Office

Ministry of Culture and Tourism

State Administration of Radio and Television

November 18, 2019

Regulations on Management of Network Audio and Video Information Service

Article 1 In order to promote the healthy and orderly development of online audio and video information services, protect the legitimate rights and interests of citizens, legal persons and other organizations, and safeguard national security and public interests, according to the Network Security Law of the People's Republic of China, the Measures for the Administration of Internet Information Services, the Provisions for the Administration of Internet News Information Services, and the Interim Provisions for the Administration of Internet Culture These Provisions are formulated in the Regulations on the Administration of Internet Audiovisual Program Services.

Article 2 Those who engage in online audio and video information services within the territory of the People's Republic of China shall abide by these Provisions.

The term "online audio and video information service" as mentioned in these Provisions refers to the service of providing the public with the production, release and dissemination of audio and video information through Internet websites, applications and other network platforms.

Network audio and video information service providers are organizations or individuals that provide network audio and video information services to the public. Users of online audio and video information services refer to organizations or individuals that use online audio and video information services.

Article 3 The departments of network information, culture, tourism, radio and television at all levels shall carry out the supervision and administration of network audio and video information services according to their respective responsibilities.

Article 4 Network audio and video information service providers and users shall abide by the Constitution, laws and administrative regulations, adhere to the correct political direction, public opinion orientation and value orientation, promote socialist core values, and promote the formation of a positive, healthy and upward looking network culture.

Article 5 The State encourages and guides the Internet industry organizations to strengthen self-discipline, establish and improve the industry standards and industry guidelines for online audio and video information services, promote the construction of the credit system for online audio and video information services, and urge online audio and video information service providers to provide services and accept social supervision according to law, Improve the professional quality of network audio and video information service practitioners, and promote the healthy and orderly development of the industry.

Article 6 The network audio and video information service provider shall obtain the relevant qualifications prescribed by laws and administrative regulations.

Article 7 The network audio and video information service provider shall implement the main responsibility of information content security management, allocate professionals appropriate to the service scale, establish and improve the systems of user registration, information release review, information security management, emergency response, employee education and training, minors protection, intellectual property protection, etc, It has safe and controllable technical guarantee and preventive measures that adapt to the development of new technology and new application, effectively respond to network security incidents, prevent network illegal and criminal activities, and maintain the integrity, security and availability of network data.

Article 8 An online audio and video information service provider shall, in accordance with the provisions of the Cyber Security Law of the People's Republic of China, authenticate users' true identity information based on the organization code, ID card number, mobile phone number, etc. If the user does not provide the true identity information, the network audio and video information service provider shall not provide information publishing services for the user.

Article 9 No organization or individual may use online audio and video information services and relevant information technology to engage in activities prohibited by laws and regulations, such as endangering national security, disrupting social stability, disrupting social order, infringing on the legitimate rights and interests of others, or produce, publish, disseminate and incite subversion of state power, endangering political security and social stability, online rumors, obscene pornography, And information content prohibited by laws and regulations that infringes on others' reputation rights, portrait rights, privacy rights, intellectual property rights and other legitimate rights and interests.

Article 10 Where an online audio and video information service provider launches an audio and video information service with media attributes or social mobilization functions based on new applications of new technologies such as deep learning and virtual reality, or adjusts and adds relevant functions, it shall carry out safety assessment in accordance with relevant national regulations.

Article 11 Where online audio and video information service providers and online audio and video information service users use new technologies and applications based on deep learning, virtual reality, etc. to produce, publish and disseminate untrue audio and video information, they shall be marked in a conspicuous manner.

Network audio and video information service providers and network audio and video information service users shall not use new technologies and applications based on deep learning, virtual reality, etc. to produce, release, and disseminate false news information. Where audio and video news information is reproduced, audio and video news information released by units within the scope of the State shall be reproduced according to law.

Article 12 An online audio and video information service provider shall strengthen the management of audio and video information released by users of online audio and video information services, deploy and apply audio and video identification technologies that violate laws and regulations as well as untrue audio and video, and discover that users of audio and video information services produce, distribute, and disseminate information prohibited by laws and regulations, The transmission of this information should be stopped according to the law and the agreement, and disposal measures such as elimination should be taken to prevent the spread of information, keep relevant records, and report to the network information, culture and tourism, radio and television and other departments.

If the network audio and video information service provider finds that the information content does not meet the requirements of Paragraph 1 of Article 11 of these Provisions, it shall immediately stop transmitting the information, and can continue to transmit the information only after being marked in a conspicuous way.

Article 13 An online audio and video information service provider shall establish and improve a rumor refutation mechanism, and if it finds that users of online audio and video information services use false images, audio and video generation technologies based on deep learning, virtual reality, etc. to produce, publish and spread rumors, it shall take appropriate rumor refutation measures in a timely manner, and report relevant information to the Internet, culture and tourism Recorded by radio and television departments.

Article 14 The network audio and video information service provider shall specify the rights and obligations of both parties in the service agreement signed with the users of the network audio and video information service, and require the users of the network audio and video information service to abide by these Provisions and relevant laws and regulations. For users of network audio and video information services who violate these regulations, relevant laws and regulations and service agreements, take warning rectification, function restriction, suspension of updating, account closure and other disposal measures according to law, keep relevant records, and report to departments such as Internet Information, Culture and Tourism, Radio and Television.

Article 15 The network audio and video information service provider shall consciously accept social supervision, set up a convenient complaint reporting entrance, publish information such as complaints and reporting methods, and timely accept and handle public complaints and reports.

Article 16 Subject providing technical support for network audio and video information service shall comply with relevant laws and regulations and national standards and specifications, take technical measures and other necessary measures to ensure network security and stable operation.

Article 17 The departments of network information, culture, tourism, radio and television at all levels shall establish a supervision and management system that combines daily supervision and regular inspection to guide and urge network audio and video information service providers to standardize network audio and video information services in accordance with laws, regulations and service agreements.

The network audio and video information service provider shall abide by the relevant laws and regulations, keep the network log according to law, cooperate with the network information, culture and tourism, radio and television and other departments to carry out supervision, management and law enforcement, and provide necessary technical and data support and assistance.

Article 18 If the network audio and video information service provider and the network audio and video information service user violate these regulations, the network information, culture, tourism, radio and television and other departments shall, in accordance with the Network Security Law of the People's Republic of China, the Measures for the Administration of Internet Information Services, the Provisions for the Administration of Internet News Information Services, and the Interim Provisions for the Administration of Internet Culture Regulations on the Administration of Internet Audio visual Program Services and other relevant laws and regulations; If it constitutes a violation of the administration of public security, it shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 19 These Provisions shall come into force as of January 1, 2020.

(Source: NetEase China)