Administrative Provisions On Short Message Service

Original Language Title: 通信短信息服务管理规定

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  Chapter I General provisions article in order to standardize communication short message service (hereinafter referred to as SMS) services, maintaining the lawful rights and interests of the user, and promote the healthy development of short message service, in accordance with the decision of the Standing Committee of the national people's Congress on strengthening of the protection of network information and the People's Republic of China Telecommunication Ordinance and other laws and administrative rules and regulations, this provision is enacted.

Article in the People's Republic of China territory, the use of short message service, and these provisions shall apply.

Article industry and information technology Department is responsible to supervise and administer the short message service to the nation.

The provinces, autonomous regions and municipalities directly under the communications authority to supervise and administer the short message services within their respective administrative areas.

Ministry of industry and information technology and of provinces, autonomous regions and municipalities directly under the communications authority referred to the telecommunications regulatory agency.

Fourth section, the use of short message service, shall comply with the laws, administrative regulations and the relevant provisions of the telecommunications regulators, must not use the short message service to engage in illegal activities.

Fifth article encourages the Association formulate self-discipline management system of short message service, guide members to strengthen self-regulation.

Short message service specification in chapter II article sixth of SMS services, telecommunications business shall obtain a license.

Basic telecommunication business operators must not be without the telecommunications business license unit or individual provides a network for business short message service or business connection.

Seventh basic telecommunication business operators shall accurately record SMS access its network service provider name, access code and access locations and other information.

Eighth SMS services provider should develop short message service rules, and user-related content through the service contract or service contract, such as inform users, shall not use standard terms violated user rights.

Nineth SMS services are required to charge users, SMS service providers should ensure billing compliance with relevant laws and regulations and telecommunications standards, and clearly inform users in advance, charge rates, fees and unsubscribe methods.

Tenth SMS service providers to send SMS messages, the sender phone number or code should be sent together, must not send SMS sender phone number or code is missing may not send a false and fraudulent use of the SMS sender phone number or code.

11th SMS service providers shall, in their service record short messages sent and received, the sender and the receiver telephone number or code, users subscribe and unsubscribe information, port kind of short messages also should save the message content.

Records shall be kept for at least 5 months prescribed in the preceding paragraph, which users subscribe and unsubscribe shall be kept until the SMS service providers 5 months after the termination of the service relationship with the user.

The 12th SMS service provider port kind of short message service, SMS content providers should be required to provide identity information, and identification and registration. The 13th port kind of short message service SMS service providers, codes approved by the Telecommunications Authority, structure and length, purpose and the scope of port.

Without approval of the Telecommunications Authority, may not be transferred or leased port.

14th short message service providers in business activity in the collection, use the user's personal information, shall strictly abide by the provisions of the relevant laws and regulations.

15th SMS service provider shall set up and implementation of network and information security management systems to take safety precautions to strengthen inspection of public information.

16th SMS providers, SMS content providers shall not produce, reproduce, publish and spread of the People's Republic of China Telecommunications Ordinance and other laws and regulations banning sexual content short messages.

17th intends to send a public message, by the relevant departments of the people's Governments above provincial level 10 working days to provide the Telecommunications Authority in advance text messages sent, send, send, send institutional information, coordination of telecommunications regulators send SMS service providers; not part of public messages, inform the authorities and explain the reasons.

Relating to natural disasters, accidents, public health incidents and social security incident warning and disposal of emergency public messages, sent by urgent circumstances that require advance, SMS service providers shall, in accordance with the relevant contingency plans and mechanisms of free, relevant departments shall provide information about telecommunications regulators. Chapter III commercial SMS management 18th SMS service providers, SMS content provider without the user's consent or request not to send commercial messages.

User agrees and expressly refused to receive commercial messages, should stop sending. SMS providers, SMS content provider requests the user's consent to receive commercial messages shall state the type, frequency and duration of intended to send commercial messages and other information. User did not respond is deemed not agreed to receive.

User explicitly refuses or fails to respond, not again to send the same or similar messages.

Basic telecommunication business operators to send ports of such commercial messages through its telecommunication network shall ensure that the user has agreed to receive text messages or requests.

19th SMS providers, SMS content providers to send business class messaging ports management and services, must not be used to send commercial messages.

20th SMS providers, SMS content providers to send commercial messages to the user, should provide convenient and effective way of rejected and with the message to tell the user may not in any form of barriers to users refuse to receive SMS.

21st SMS providers, SMS content providers to send commercial messages to the user, shall indicate in a text message SMS content provider's name.

22nd short message service provider shall set up a short message management system and monitoring mechanism on early warning, through the specification and contract management, techniques and other measures, to prevent sending commercial messages without the user's consent or request.

23rd basic telecommunication business operators found short message service provider, SMS content provider in violation of the provisions of article 18th to send commercial messages, should take the necessary measures to suspend or stop providing related telecommunications resources and save the record.

24th to encourage users to choose appropriate security protection by means of SMS security application software, enhance their self-protection ability.

The fourth chapter user complaints and report the 25th short message service provider shall set up a complaint handling mechanism, announced effective, convenient way to contact and receive short message service-related complaints.

26th Ministry of industry and information technology, commissioned 12321 Internet and spam reporting reception center (hereinafter referred to as Report Center) receive short message service reported.

27th users think that their commercial messages harassment or receiving short messages that contain the laws and regulations against sexual, you can complain to the SMS service provider or reported to the reporting Center. Reporting Center receive user reports, should be transferred to the SMS service provider within 5 business days.

Found violations, shall promptly report to the relevant national authorities.

SMS service providers received user complaints or report to the report Center transferred, after verification it shall promptly take effective measures, and complaints within 15 working days or disposal reporting Center feedback results.

28th SMS service providers found to be complaint or report message clearly contains the contents of the 16th article of the provisions, it shall immediately stop sending, keep records, and timely reports to the relevant national authorities involved the unit should be immediately launched an investigation, take effective preventive or treatment measures, and will report on its findings in a timely manner the telecommunications regulators.

29th users with SMS short message service disputes service provider, it may delegate to the Telecommunications Authority Telecom users complaint mechanisms.

Supervision and administration of the fifth chapter 30th telecommunications regulators when conducting supervision and inspection of short message service activities, short message service, SMS content providers shall cooperate with and provide relevant materials as and when required.

Telecommunications regulators conducting supervision and inspection, supervision and inspection shall be recorded and shall be without prejudice to short message service provider, SMS content provider's normal operation, or service activity, shall not charge any fee.

31st telecommunications regulators when implementing the telecommunications business license annual inspection, the message should be to review the implementation of the provisions of the service provider. 32nd telecommunications regulators short message service provider in violation of these provisions should be recorded in the credit file and to the public.

If necessary, the telecommunications regulatory bodies can monitor their short message service provider in charge of talks.

33rd sixth chapter legal liability for breach of the provisions of article sixth, 13th article, by the Telecommunications Authority under the People's Republic of China article 69th of the provisions of the Telecommunications Ordinance.

Article 34th basic telecommunication business operators, SMS service provider in violation of the provisions of the seventh to the 12th, 15th and 18th to 21st, 27th, third paragraph, by telecommunications regulators ordered ex officio corrections, be warned, may be fined a maximum of more than 10,000 yuan to 30,000 yuan, announced to the public.

SMS content provider in violation of the provisions set forth in 18th to 21st, by the relevant authorities in accordance with the relevant State laws and administrative rules and regulations will be punished.

35th in violation of the provisions of article 16th, according to the People's Republic of China article 66th of the Telecommunication Ordinance provisions.

Article 36th telecommunications regulatory bodies or information centre staff in the supervision and administration of short message service in abuse, negligence, malpractice, shall be subject to processing constitutes a crime, criminal responsibility shall be investigated according to law.

The seventh chapter by-laws 37th article of the rules the following terms shall have the meanings are: (a) short message services, refers to the use of telecommunications networks to mobile phones, fixed-line communication terminal users, provides a limited number of the text, data, sound, images and other information of the telecommunications business.

(B) short message service provider refers to provide short message to send, store, forward and receive basic network services, and the use of network infrastructure and services for other organizations and individuals sending text messages provide a platform of telecom operator (includes, but is not limited to basic telecommunications services, value-added telecommunications services in the information services business and resale of mobile communication operators).

(C) the SMS content providers, refers to the text message sent through short message service provider organizations or individuals.

(D) the port class message, refers to the short message service provider uses its own ports or industrial application ports to send short messages.

(V) the commercial text messages, is used for displays, selling goods, services or messages of business investment opportunities.

(Vi) public message, refers to all levels of government departments and other units sent to the user, aimed to serve public interests, advocating social customs, prevent or respond to emergencies, to remind the masses non-profit text message such as disaster prevention and disaster prevention. Article 38th used the Internet to users of fixed telephone, mobile phone and other communication terminal providing text, data, sound, images, and information delivery service of SMS features, reference to these provisions.

Subject to approval by the relevant departments in accordance with law, shall obtain the approval of the departments concerned. 39th article of the regulations come into force June 30, 2015.

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