"regulations". The post comment service mentioned refers to Internet websites, applications, interactive communication platforms and other communication platforms with the attribute of news and public opinion and social mobilization. To post, reply, leave a message, "on-screen comment" and other ways to provide users with text, symbols, expressions, pictures, audio and video and other services.
the State Internet Information Office today announced the regulations on the Administration of Internet Post comment Service (hereinafter referred to as the "regulations"), which will enter into force as of October 1, 2017.
so, what are the points in the regulations that may directly affect the surfing lives of netizens? strong > is mainly the following items in Article 5: / strong > (1) in accordance with the principle of "real name in the background, voluntary in the foreground", authenticate the true identity information of registered users, and shall not provide comments on posts to users who have not verified their real identity information. (2) to establish and improve the protection system of user information, the collection and use of users' personal information shall follow the principles of legality, legitimacy and necessity, the rules of public collection and use, and the purpose, method and scope of the collection and use of information shall be clearly stated, and with the consent of the collector. (3) for those who provide comments on news and information, a system of first examination before sending shall be established. (4) if a comment service is provided by "on-screen comment", the static version of information content corresponding to it shall be provided on the same platform and page at the same time. (5) establish and improve information security management systems such as examination and management of comments on posts, real-time inspection and emergency disposal, discover and dispose of illegal information in a timely manner, and report to the relevant competent departments. (6) develop information security protection and management technology for comments on posts, innovate the management methods of comments on posts, develop and use anti-spam information management system, improve the ability of spam information disposal; timely find security defects, loopholes and other risks in the service of comments on posts, take remedial measures, and report to the relevant competent departments. that is, in the future, "tourists", that is, users without real-name authentication, will not be able to comment on posts, and all comments made by real-name users under news messages will be reviewed before they can be posted on the wall. No wonder as soon as the "regulations" came out, people worried about several websites famous for their comments and community start-ups. are actually more than these? Everyone and every website will be affected. for the illegal content posted by users, Article 8 of the regulations gives clear instructions-the comment service provider shall promptly take measures such as warning, refusing to release, delete information, restrict functions, suspend updates until closing accounts, and keep relevant records if they publish information that violates laws and regulations and relevant state regulations. at the same time, the regulations also require that Internet forum community service providers and their employees shall not seek illegitimate interests by publishing, reprinting, deleting information, or interfering with the presentation of results. in addition, the provisions are clear: the State Internet Information Office is responsible for the supervision, administration and law enforcement of the community services of the national Internet forums; the local Internet information offices are responsible for the supervision, administration and law enforcement of the community services of the Internet forums within their respective administrative areas according to their duties. according to the relevant responsible person of the State Internet Information Office, the Internet forum community platform represented by Baidu Tieba, Tianya, and Kaidi Community has always maintained a high degree of activity, providing convenience for the majority of netizens to share information content and discuss topics of interest. A person in charge of the State Internet Information Office said that the "regulations" are aimed at standardizing community services in Internet forums, promoting the healthy and orderly development of the Internet forum community industry, protecting the legitimate rights and interests of citizens, legal persons, and other organizations, and safeguarding national security and public interests. Today, the responsible person of the State Internet Information Office also answered the reporter's questions on the regulations. The questions and answers are as follows:
strong > Q: could you introduce the background of the regulations? / strong >
answer: the management regulations specifically standardizing the post comment service are mainly based on the following three considerations. First, to meet the needs of further promoting administration according to law. The Network Security Law, which was formally implemented this year, is the basic law of network security and puts forward clear requirements for network information security. As an important part of network information, follow-up comments need to set up relevant systems in strict accordance with the provisions of the Network Security Law. The second is to meet the needs of standardized management of post comment service. The post comment service has enriched the online life of the people, but at the same time, it has also appeared some bad phenomena, such as spreading network rumors, spreading foul language, publishing illegal and illegal information, disturbing the order of information dissemination and destroying the ecology of network public opinion. Governance needs to be strengthened in accordance with the law. The third is to meet the needs of promoting the healthy development of the post comment service. Post comment service has become the "standard" of all kinds of communication platforms, new forms and new functions are constantly emerging, and it is increasingly becoming an important way for netizens to interact, express opinions and supervise by public opinion, which needs to promote its healthy and orderly development in accordance with the law. strong > Q: what is the main basis of the regulations? / strong > answer: the main superior legal basis of the provisions includes the Cyber Security Law and the Circular of the State Council on authorizing the State Internet Information Office to be responsible for the management of Internet information content. In the process of drafting, according to the relevant provisions of the superior law applicable to comments on posts, provisions have been made on users' true identity registration, personal information protection, illegal information disposal, user behavior norms, website subject responsibility, territorial management responsibility, social supervision and legal liability, etc. strong > Q: what is the main framework and content of the regulations? / strong > answer: there are thirteen regulations. Articles 1 to 3 mainly stipulate the purpose, basis, principle, scope of application and subject of supervision. Fourth, it mainly provides for the safety assessment of new products, new applications and new functions. Article 5, it mainly provides for the implementation of the subject responsibility of the follower comment service provider. Article 6, it mainly provides for the self-discipline of the providers and users of the comment service. Article 7 it is mainly stipulated that the service providers of post comments and their employees shall not interfere with public opinion in order to seek illegitimate interests. Articles 8 and 9 mainly provide for follower comment service providers to strengthen user management and carry out credit evaluation. Article 10 mainly provides for the establishment of a public complaint and reporting system. Articles 11 and 12 mainly provide for the legal liability for acts in violation of the provisions. Article 13. Provisions shall be made for the implementation of publication. strong > Q: what provisions are made in the regulations on the protection of the rights and interests of citizens? / strong > answer: the regulations regard the protection of the legitimate rights and interests of citizens as one of the key contents. First, it stipulates the requirements for the protection of personal information, and the "regulations" require the service providers to fulfill the obligations of user information protection in accordance with the law, and establish and improve the user information protection system. Second, it is forbidden to post comment service providers and their employees to make illegal profits, explicitly requiring that comments on posts should not be deleted or recommended selectively in order to seek illegitimate interests or based on wrong value orientations, and shall not disseminate information by means of software, hiring commercial organizations and personnel, etc. The third is to strengthen the protection of information security, requiring service providers to strengthen technical support, timely find the existing security defects, loopholes and other risks, and take remedial measures. The fourth is to establish a reporting supervision system, requiring service providers to establish and improve the reporting system of public complaints about illegal information, and to accept and deal with public complaints in a timely manner. At the same time, it requires the Internet information offices of the state and provinces, autonomous regions and municipalities directly under the Central Government to establish a credit file and blacklist management system for Internet post comment service providers, and strengthen the management, supervision and punishment of Internet post comment service providers. strong > Q: what requirements do the regulations make for the implementation of the main responsibility of the website? / strong > answer: websites should bear the main responsibility for online information management, and government administrative departments should strengthen supervision. The regulations conscientiously implement this requirement and clearly define the responsibility of the main body of the website, which mainly includes eight aspects. First, implement the requirements of the real-name system. The "regulations" make it clear that the website should authenticate the real identity information of registered users in accordance with the principle of "real name in the background and voluntary at the front desk", and shall not provide comments on posts to users who have not verified their real identity information. The second is to establish a user information protection system. Articles 40, 41, 42, 43, 44 and 45 of the Network Security Law stipulate the user information protection system, and the national standardization department is stepping up efforts to organize the formulation of "personal Information Security Standards." therefore, these provisions only make a statement in principle. The third is to establish a system of first trial and then issuance. The Network Security Law stipulates that network operators should strengthen the management of information published by their users. The purpose of establishing the system of first examination and sending later is to promote the website to assume management responsibility, to be the "gatekeeper" of comments on posts, and to maintain a good ecology of comments on posts. The fourth is to strengthen the management of barrage. On-screen comments are increasingly becoming an important way for netizens, especially young ones, to communicate online. In order to maintain the normal order of on-screen comments and prevent the dissemination of illegal and illegal information in the on-screen comments, the "regulations" require websites that provide on-screen comments to provide static version of information corresponding to them on the same platform and page at the same time. The fifth is to establish an information security management system. The "regulations" make it clear that the website should establish information security management systems such as review and management of comments on posts, real-time inspection, and emergency disposal, so as to discover and dispose of illegal information in a timely manner. It should be noted that this provision is aimed at information publicly published by users, not personal communication information, which will not harm personal privacy; it is required to deal with illegal information, and there is no problem of hampering freedom of expression. Sixth, technical guarantee measures. The "regulations" make it clear that websites should develop and use anti-spam information management systems to improve their ability to deal with spam. Seventh, strengthen the building of the team. The regulations require that the number and ability of website audit editors should be commensurate with the scale of the service, in order to solve the problem of insufficient audit manpower and low quality. Eighth, cooperate with the relevant competent departments to carry out supervision and inspection work in accordance with the law, and provide necessary technical, data and data support. answer: in addition to strengthening the main responsibility of the website, the regulations also put forward clear requirements for territorial management responsibility. First, strengthen supervision, management and law enforcement. The regulations make it clear that the local Internet Information Office is responsible for the supervision, management and law enforcement of post comment services in their respective administrative areas, and to establish and improve a supervision and management system that combines daily inspection with regular inspection, and standardize the post comment service behavior of all kinds of communication platforms in accordance with the law. The second is to conduct a safety assessment. The regulations make it clear that the Internet Information offices of the state or provinces, autonomous regions, and municipalities directly under the Central Government conduct security assessments on posts and comments on new products, new applications, and new functions related to Internet news and information services provided by local communication platforms. Third, carry out credit evaluation. The regulations make it clear that the Internet information offices of the state and provinces, autonomous regions and municipalities directly under the Central Government shall regularly conduct credit assessments on the providers of comments on posts and establish a management system for credit files and blacklists of bad faith. The fourth is to investigate the responsibility of safety management. The regulations make it clear that the Internet Information offices of the State and provinces, autonomous regions and municipalities directly under the Central Government fail to implement the responsibility for information security management of post comment service providers, and if there are greater security risks or security incidents, they shall make timely interviews and requests for rectification. strong > Q: what are the measures to deal with violations of the regulations? / strong > answer: the Network Security Law and other relevant laws and regulations specifically state the legal liability for violating the provisions. The "provisions" adheres to the principle of simplicity, defines the principle of "to be dealt with by relevant departments in accordance with relevant laws and regulations", and will not repeat the specific treatment measures.
Edit: mary