Several Provisions Regulating Internet Information Service Market Order

Original Language Title: 规范互联网信息服务市场秩序若干规定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201203/20120300362005.shtml

Several provisions regulating Internet information service market order

    (Announced December 29, 2011 Ministry of industry and information technology, the 20th since March 15, 2012) first in order to regulate the market order of Internet information services, and protect the legitimate rights and interests of Internet information service providers and users and promote the healthy development of the Internet industry, according to the People's Republic of China Telecommunications Ordinance, the management of Internet information services and other provisions of laws and administrative regulations, this provision is enacted.

    Article in the People's Republic of China territory of Internet information services and Internet information services-related activities shall comply with these requirements.

    Article industry and information technology departments and provinces, autonomous regions and municipalities directly under the Communications Authority (collectively the "Telecommunication Authority") shall supervise and administer the Internet information services.

    Fourth article Internet information service providers must follow the servicing of, the principles of voluntariness, fairness, integrity.

Fifth Internet information service providers may adopt the following violations of the legal rights of other Internet information service providers:

(A) the malicious interference on the user's Terminal Services from other Internet information service providers, or malicious interference with Internet information services related to the software product ("software and other products associated with Internet information services" hereinafter "product"), download, install, run and upgrade;

(B) fabricating and spreading false facts damages the legitimate interests of other Internet service providers, or denigrate other Internet information service providers of services or products;

(C) the malicious information to other Internet service providers of services or products are not compatible;

(Iv) deceptive, misleading, or forcing the user to use or not to use the services of other providers of Internet information services or products;

(E) malicious modification or deceptive, misleading, forcing users to modify other parameters of Internet information service providers of services or products;

    (Vi) other violations of State law, violations of the legal rights of other Internet service providers.

Article sixth of Internet information service providers of services or products to measure, should be objective and fair. Disclose or give the user evaluation results evaluation, evaluation should be provided while perpetrators, methods, data sources, users of the original evaluation, evaluation method and evaluation and evaluation activities such as environment-related information. Evaluation results shall be true and accurate, and evaluation activities related to the information should be complete and comprehensive.

Of an evaluation of the service or product and evaluating service or product of the same or similar, evaluation results must not contain the evaluation of subjective evaluation.

Disagrees with the assessment on the evaluation results, own or third party evaluation results evaluation, evaluation should be matched.

Evaluation shall make use of evaluation results, deceptive, misleading, forcing users of an evaluation service or dispose of products.

    Evaluation in these rules refers to providing a platform for users to evaluate, or by any other means of Internet information service or product performance evaluation and testing.

Seventh Internet information service providers may adopt the following violations of the legal rights of the user:

(A) no legitimate reason to deny, delay or stop Internet information services or products provided to the user;

(B) without a legitimate reason to restrict the user to use or not to use the specified Internet information services or products;

(C) deceptive, misleading, or forced, to provide users with Internet information services or products;

(D) providing Internet information services or products inconsistent with their propaganda or promises made to the user;

(E) without changing the services agreement, or operational procedures, reduce the quality of service or increase user responsibility;

(Vi) services with other Internet information service providers or products are not compatible, tips and instructions to the user is not active;

(VII) without the consent of prompts and user choice, modify the configuration the user's browser or other settings;

    (VIII) other violations of State law, violation of legal rights of the user behavior.

Eighth section of the Internet information service providers on the user terminal software download, installation, operation, upgrade and uninstall operations should provide clear and complete information such as software, and the prior consent of the user's consent.

Internet information service providers may implement the following activities:

(A) deceptive, misleading, or forcing the user to download, installation, operation, upgrade and uninstall the software;

(B) does not provide equal or more convenient way to uninstall software installation;

    (C) in the case of vandalism and was not under the influence of other software without the user actively choose to agree, after uninstalling the software executable code or other unnecessary files that resides on the user terminal.

    Nineth Internet information services software bundled with other software, it should be in a significant way to prompt the user, users choose whether to install or use, and provides separate uninstall or shutdown shall not attach unreasonable conditions.

    Article tenth of the Internet information service providers in the user terminal pop-up ads or other information regardless of the Terminal software Windows, should be provided in a significant manner to the user close or exit the window function identifier.

11th without the user's consent, shall not collect Internet information service providers and users, individually or in combination with other information to identify the user's information (hereinafter "personal information"), and may not use users ' personal information to others, except as otherwise provided in laws and administrative regulations.

    Internet information service providers with user's consent to the collection of users ' personal information, shall expressly inform the user collection and processing of users ' personal information, content, and purpose, shall not collect information beyond its necessary to provide services and may not use personal information for purposes outside of the service.

    12th Internet information service providers shall keep personal information; keeping a user's personal information disclosed or divulged, should take immediate remedial measures has caused, or is likely to cause serious consequences, they shall immediately grant the Internet information services licensed or registered telecommunications regulators report, and with the related Department for investigation and treatment.

13th Internet information service providers should strengthen system security, safeguard user upload information security, guarantee users to upload information to use, modify, and delete.

Internet information service providers may not be any of the following acts:

(A) allowed to modify or delete a user upload information without good reason;

(B) without the user's consent, provide users to upload information to others, except as otherwise provided in laws and administrative regulations;

(C) unauthorized transfer or borrowed on behalf of the user the user upload information or deceptive, misleading, force users to transfer their uploaded information;

    (D) other acts of undermining the security of users to upload information.

    14th Internet information service providers should be made public in a remarkable manner the effective contact, accepting complaints from the user information and other Internet service providers, and from the date of receipt of the complaint within the 15th responded.

15th Internet information service providers that other Internet information service providers commit a violation of the provisions of Act, violation of their legal rights and interests has caused or threatens to cause a significant impact to the user should be granted immediately to the other providers of Internet Information Services Internet information services licensed or registered telecommunications regulators reported. Telecommunications regulators should be reported or discovered possible violation of the provisions of the Act to assess the impact; particularly significant, relevant provinces, autonomous regions, municipalities directly under the communications authority should report to the Ministry of industry and information technology.

    Telecommunications regulators in the treatment decisions made pursuant to this provision, Internet information service providers may be required to suspend the Act, Internet information service providers should implement.

    16th Internet message service provider in violation of the provisions of the fifth, seventh and 13th provision by telecommunications regulatory agency ordered corrective action ex officio, a warning, and a fine of less than 10,000 yuan and 30,000 yuan to society announcements; among them, the People's Republic of China Telecom regulations or legal responsibility for the measures for the administration of Internet information services, in accordance with its provisions.

    17th of the evaluation provided for in violation of the provisions of the sixth, warned by the Telecommunications Authority ex officio, may be of less than 10,000 yuan and 30,000 yuan fines, announced to the public.

    Internet information service provider in violation of the provisions of article 18th eighth and Nineth, tenth, 11th, 12th or 14th article of, warning by the Telecommunications Authority ex officio, may be of less than 10,000 yuan and 30,000 yuan fines, announced to the public.

    Internet information service provider in violation of the provisions of article 19th the 15th article, not of the implementation of the telecommunications regulatory agency suspended the requirement of the Act, warning by the Telecommunications Authority ex officio, announced to the public.

    20th Internet information service providers violate other laws and administrative regulations, in accordance with its provisions. 21st article of the regulations come into force on March 15, 2012.