China News Service, June 14. According to the official website of the State Internet Information Office, the State Internet Information Office released the newly revised "Regulations on the Administration of Mobile Internet Application Information Services" (hereinafter referred to as the new "Regulations") on June 14.
The new "Regulations" will come into force on August 1, 2022.
It stipulates that application providers shall not induce users to download through false propaganda, bundled downloads, etc., by means of machine or manual brushing, brushing, and reviewing, or using illegal and bad information to induce users to download.
The relevant person in charge of the State Internet Information Office stated that the revision and release of the new "Regulations" aims to further supervise mobile Internet applications in accordance with the law and promote the healthy and orderly development of application information services.
According to the relevant person in charge of the Cyberspace Administration of China, the "Regulations on the Administration of Mobile Internet Application Information Services" have played an active role in maintaining the ecology of online information content and protecting the legitimate rights and interests of citizens, legal persons and other organizations since its implementation on August 1, 2016. .
However, with the rapid development and wide application of mobile applications, new situations and new problems continue to emerge, which need to be revised and improved to adapt to the development of the situation.
The new "Regulations" has a total of 27 articles, including the main responsibility of information content, real identity information authentication, classification management, industry self-discipline, social supervision and administrative management.
The new "Regulations" propose that application providers and application distribution platforms should abide by laws and regulations, vigorously promote socialist core values, adhere to the correct political direction, public opinion orientation and value orientation, consciously abide by public order and good customs, actively perform social responsibilities, and maintain a clean network. space.
The new "Regulations" require that application providers and application distribution platforms should fulfill the main responsibility of information content management, establish and improve information content security management, information content ecological governance, data security and personal information protection, minors protection and other management systems, Ensure network security and maintain a good network ecology.
The relevant person in charge of the Cyberspace Administration of China emphasized that application providers and application distribution platforms should earnestly fulfill their responsibilities and obligations in accordance with the requirements of the new "Regulations", strengthen their own management in accordance with relevant laws and regulations, actively accept social supervision, and continuously promote application information. Services develop in a healthy and orderly manner.
Provisions on the Administration of Information Services for Mobile Internet Applications
Chapter 1 General Provisions
Article 1 In order to regulate the information services of mobile Internet applications (hereinafter referred to as applications), protect the legitimate rights and interests of citizens, legal persons and other organizations, and safeguard national security and public interests, in accordance with the "Network Security Law of the People's Republic of China", "The People's Republic of China Data Security Law, Law of the People's Republic of China on the Protection of Personal Information, Law of the People's Republic of China on the Protection of Minors, Measures for the Administration of Internet Information Services, Regulations on the Administration of Internet News Information Services, Regulations on the Ecological Governance of Online Information Content " and other laws, administrative regulations and relevant state regulations, these regulations are formulated.
Article 2 The provision of application information services within the territory of the People's Republic of China and the provision of application distribution services such as Internet application stores shall abide by these regulations.
The term “application information service” as mentioned in these regulations refers to the activities of providing users with text, picture, voice, video and other information production, reproduction, publishing, dissemination and other services through applications, including instant messaging, news, knowledge quizzes, forums and communities , online live broadcast, e-commerce, online audio and video, life services and other types.
The term “application distribution services” as mentioned in these Provisions refers to activities that provide services such as application release, download, and dynamic loading through the Internet, including application stores, fast application centers, Internet mini-program platforms, and browser plug-in platforms.
Article 3 The national network information department is responsible for the supervision and management of the information content of the national application programs.
Local network information departments are responsible for the supervision and management of the information content of applications within their respective administrative regions according to their duties.
Article 4 Application providers and application distribution platforms shall abide by the Constitution, laws and administrative regulations, promote socialist core values, adhere to the correct political orientation, public opinion orientation and value orientation, follow public order and good customs, perform social responsibilities, and maintain a clean cyberspace.
Application providers and application distribution platforms shall not use applications to engage in activities prohibited by laws and regulations, such as endangering national security, disrupting social order, and infringing on the legitimate rights and interests of others.
Article 5 Application providers and application distribution platforms shall perform the main responsibility of information content management, actively cooperate with the state to implement the network trusted identity strategy, establish and improve information content security management, information content ecological governance, data security and personal information protection, Adult protection and other management systems to ensure network security and maintain a good network ecology.
Chapter 2 Application Providers
Article 6 Where application providers provide users with information release, instant messaging, and other services, they shall conduct real identity information authentication based on mobile phone numbers, ID numbers, or unified social credit codes, etc., for users who apply for registration.
Users who do not provide real identity information, or fraudulently use the identity information of organizations and others for false registration, shall not provide relevant services.
Article 7 Application providers who provide Internet news information services through applications shall obtain an Internet news information service license, and are prohibited from conducting Internet news information service activities without permission or beyond the scope of the license.
If application providers provide other Internet information services, they must be reviewed and approved by the relevant competent authorities according to the law or have obtained relevant licenses, and the services can only be provided after the review and approval of the relevant competent authorities or the relevant licenses have been obtained.
Article 8 Application providers shall be responsible for the results of the presentation of information content, shall not produce and disseminate illegal information, and consciously prevent and resist bad information.
Application providers shall establish and improve information content review and management mechanisms, establish and improve management measures such as user registration, account management, information review, routine inspections, and emergency response, and provide professionals and technical capabilities commensurate with the scale of services.
Article 9 Application providers shall not induce users to download by means of false propaganda, bundled downloads, etc., by means of machine or manual brushing, brushing, and reviewing, or using illegal and bad information.
Article 10 The application program shall comply with the mandatory requirements of relevant national standards.
When the application provider discovers that the application has risks such as security defects and vulnerabilities, it shall immediately take remedial measures, promptly notify users and report to relevant authorities in accordance with regulations.
Article 11 When carrying out application data processing activities, application providers shall perform data security protection obligations, establish and improve the whole-process data security management system, take technical measures to ensure data security and other security measures, strengthen risk monitoring, and shall not endanger national security , public interests, and shall not harm the legitimate rights and interests of others.
Article 12 When processing personal information, application providers shall follow the principles of legality, legitimacy, necessity and good faith, have clear and reasonable purposes, disclose processing rules, abide by relevant regulations on the scope of necessary personal information, regulate personal information processing activities, and take necessary measures. Measures shall be taken to ensure the security of personal information, users shall not be forced to agree to the processing of personal information for any reason, and users shall not be refused to use its basic functions and services because users do not agree to provide non-essential personal information.
Article 13 Application providers shall adhere to the principle that is most beneficial to minors, pay attention to the healthy growth of minors, perform various obligations of network protection for minors, and strictly implement the registration and login of the real identity information of minors' user accounts in accordance with the law It is required that minor users shall not be provided with related products and services that induce their addiction in any form, and shall not produce, copy, publish, or disseminate information containing content that harms the physical and mental health of minors.
Article 14 When application providers launch new technologies, new applications, and new functions with public opinion attributes or social mobilization capabilities, they shall conduct security assessments in accordance with relevant state regulations.
Article 15 encourages application providers to actively adopt Internet Protocol Version 6 (IPv6) to provide information services to users.
Article 16 Application providers shall formulate and publish management rules in accordance with laws and regulations and relevant national regulations, and sign service agreements with registered users to clarify the relevant rights and obligations of both parties.
For registered users who violate these regulations and relevant laws and regulations and service agreements, the application provider shall take measures such as warning, restricting functions, and closing accounts in accordance with the law, keep records and report to the relevant competent authorities.
Chapter 3 Application Distribution Platform
Article 17 The application distribution platform shall file with the network information department of the province, autonomous region, or municipality directly under the Central Government where it is located within 30 days of its online operation.
When filing the filing, the following materials should be submitted:
(1) The basic situation of the platform operator;
(2) Information such as platform name, domain name, access service, service qualification, and category of applications on the shelves;
(3) Materials such as the commercial Internet information service license or the non-commercial Internet information service filing and other materials obtained by the platform;
(4) Article 5 of these regulations requires the establishment of sound relevant system documents;
(5) Platform management rules, service agreements, etc.
After the network information department of the province, autonomous region, or municipality directly under the Central Government receives the filing materials, if the materials are complete, it shall be filed.
The national cybersecurity and informatization department will promptly announce the list of application distribution platforms that have gone through the filing procedures.
Article 18 An application distribution platform shall establish a classified management system, implement classified management of the applications listed on the shelves, and file the application with the network information department of the province, autonomous region, or municipality directly under the Central Government where it is located.
Article 19 The application distribution platform shall take measures such as compound verification, and conduct real identity information authentication based on a combination of mobile phone numbers, ID numbers, or unified social credit codes, etc., for application providers who apply for listing.
According to the different subject nature of application providers, information such as provider names, unified social credit codes, etc., are publicized to facilitate social supervision and inquiries.
Article 20 The application distribution platform shall establish and improve management mechanisms and technical means, and establish and improve management measures such as listing review, daily management, and emergency response.
The application distribution platform shall review the application applied for listing and update, and find that the name, icon, and profile of the application contain illegal and bad information, which does not match the real identity information of the registered subject, and that the business type is illegal or illegal, and shall not be used. It provides services.
If the information service provided by the application falls within the scope stipulated in Article 7 of these regulations, the application distribution platform shall verify the relevant licensing and other conditions; if it falls within the scope stipulated in Article 14 of these regulations, the application distribution platform shall conduct a security assessment. Verification.
The application distribution platform should strengthen the daily management of the applications on the shelf, and deal with fraudulent data containing illegal and bad information, downloads, evaluation indicators, etc., there are hidden data security risks, illegal collection and use of personal information, damage to the legitimate rights and interests of others, etc. , shall not provide services for it.
Article 21 The application distribution platform shall formulate and publish management rules in accordance with laws and regulations and relevant national regulations, and sign service agreements with application providers to clarify the relevant rights and obligations of both parties.
For applications that violate these regulations and relevant laws and regulations and service agreements, the application distribution platform shall take measures such as warning, suspending services, and removing them according to the law, keep records and report to the relevant competent authorities.
Chapter IV Supervision and Management
Article 22 Application providers and application distribution platforms shall consciously accept social supervision, set up conspicuous and convenient complaint reporting portals, publicize complaints and reporting methods, improve mechanisms for acceptance, disposal, and feedback, and promptly handle public complaints and reports.
Article 23 Encourage Internet industry organizations to establish and improve industry self-discipline mechanisms, formulate and improve industry norms and self-discipline conventions, guide member units to establish and improve service standards, provide information services in accordance with laws and regulations, maintain market fairness, and promote the healthy development of the industry.
Article 24 The cybersecurity and informatization department shall establish and improve the working mechanism in conjunction with relevant competent departments to supervise and guide application providers and application distribution platforms to engage in information service activities in accordance with laws and regulations.
Application providers and application distribution platforms shall cooperate with the supervision and inspection carried out by the cybersecurity and informatization departments and relevant competent departments in accordance with the law, and provide necessary support and assistance.
Article 25 Where application providers and application distribution platforms violate these regulations, the cybersecurity and informatization departments and relevant competent departments shall deal with them in accordance with relevant laws and regulations within the scope of their duties.
Chapter V Supplementary Provisions
Article 26 The term "mobile Internet applications" as mentioned in these Provisions refers to the application software that runs on mobile intelligent terminals to provide users with information services.
The term "mobile Internet application provider" as mentioned in these Provisions refers to the owner or operator of mobile Internet application programs that provide information services.
The mobile Internet application distribution platform referred to in these Provisions refers to Internet information service providers that provide distribution services such as publishing, downloading, and dynamic loading of mobile Internet applications.
Article 27 These regulations shall come into force on August 1, 2022.
The Provisions on the Administration of Mobile Internet Application Information Services promulgated on June 28, 2016 shall be repealed at the same time.