Hotspot · Analysis

On the Responsibility of Network Service Providers

Recently, the National Internet Information Office released the "Regulations on the Governance of Cyber Violence Information (Draft for Soliciting Opinions)", which is open to public consultation. Although this regulation has not been promulgated and implemented, it can be seen from the content of the solicitation draft that network service providers should bear "management responsibility".

The "management responsibility" that network service providers should bear is mainly reflected in Chapter 2 of the draft for soliciting opinions. Article 5 of Chapter 2 clearly stipulates that network information service providers should fulfill the main responsibility of information content management, establish and improve the governance mechanism of network violence information, and improve the systems of account management, information release review, monitoring and early warning, reporting and rescue, and network violence information disposal. And Chapter 6 of the draft also stipulates corresponding legal responsibilities, If a network information service provider violates this regulation, it shall comply with the Cybersecurity Law of the People's Republic of China and the Personal Information Protection Law of the People's Republic of China Punish in accordance with laws and administrative regulations. If there are no provisions in laws or administrative regulations, the network information departments at all levels shall, in accordance with their duties, issue warnings, circulate notices of criticism, order them to make corrections within a specified time limit, and may also impose a fine of not less than 10000 yuan but not more than 100000 yuan; If serious consequences such as citizen life, health, and safety are caused due to untimely disposal, a fine of not less than 100000 yuan but not more than 200000 yuan shall be imposed, and information updates may be ordered to be suspended It can be seen that the responsibility requirements for network service providers are more detailed and specific.

In the past practice, due to the user's upload behavior infringing on the interests of the rights holder, its behavior has constituted direct infringement, and the rights holder should be able to hold the upload user legally responsible. But often, rights holders rarely sue uploaded users because they come from around the world and often use various means to conceal their true identity and network address. It is very difficult to find specific users and file lawsuits against them. The second reason is that the vast majority of upload users are individuals, and their compensation ability is limited, making it difficult for rights holders to obtain sufficient compensation from them. Therefore, rights holders often turn to filing lawsuits with network service providers.

Based on the above solicitation draft and relevant practices, it is recommended that network service providers can effectively implement management responsibilities, and also implement corresponding punishment responsibilities in user agreements to jointly establish a friendly, equal, and orderly network environment.

Industry · New Deal

1. Measures for the Administration of Advertising Review of Drugs, Medical Devices, Health Food, and Formula Food for Special Medical Purposes (Draft for Soliciting Opinions)

On May 29th, the State Administration for Market Regulation publicly solicited opinions on the "Management Measures for Advertising Review of Drugs, Medical Devices, Health Foods, and Special Medical Formula Foods (Draft for Soliciting Opinions)", and planned to revise the "Three Products and One Device Advertising Review Management Measures" announced in 2019.

The "Draft for Soliciting Opinions" mainly revised the following aspects: (1) Strict advertising supervision and law enforcement. Strengthen the supervision of advertising citation content, and clarify that "three products and one device" advertisements must not contain theoretical citations or viewpoint statements beyond the scope of the manual; Do not use minors to introduce products; Advertisements for food other than health food shall not claim to have health functions; It is prohibited to publish "three products and one device" advertisements in disguised form in online live broadcasts to introduce health and health knowledge. （2） Facilitate business operations and increase the number of situations where there is no need to apply for advertising review. （3） Improve the advertising review system. Require "three products and one device" advertisements to prominently indicate relevant regulations on content, clarify the responsibilities and obligations of advertisements with link identification such as QR codes and network links, and increase the time limit for advertising application correction and the rules for advertising approval number numbering.

2. Notice on Conducting Pilot Work on Credit Economy Development in the Cultural and Tourism Market (2023-2024)

On June 8th, the Ministry of Culture and Tourism issued a notice on the pilot work of credit economy development in the cultural and tourism markets (2023-2024).

The Notice deploys the following main tasks: (1) Improve the credit commitment system. Study the legal responsibilities and management measures for breaking promises and breaking promises, optimize the credit commitment workflow, create a closed-loop credit commitment work, and establish a complete system that covers the entire life cycle of the commitment subject and runs through the entire process before, during, and after the event. （2） Promote the construction of credit brands. （3） Optimize the credit consumption environment. （4） Promote credit information sharing. （5） Strengthen the construction of a culture of integrity.

3. Notice on Publicizing the Approval Draft of Two Broadcasting, Television and Network Audiovisual Industry Standards, including the Quality Requirements and Measurement Methods for Cable Digital Television Audio and Video Technology

On June 15th, the State Administration of Radio, Film and Television (SARFT) announced the "Notice on Publicizing the Approval Draft of Two Broadcasting, Television, and Network Audiovisual Industry Standards, including the" Quality Requirements and Measurement Methods for Cable Digital Television Audio and Video Technology ", with the publication period ending on June 23rd.

The standard approval draft for this batch of publicity includes the quality requirements and measurement methods for cable digital television audio and video technology (approval draft) and IPTV audio and video technology quality requirements and measurement methods (approval draft). Among them, the "Quality Requirements and Measurement Methods for Audio and Video Technology of Cable Digital Television (Draft for Approval)" specifies the audio and video formats of cable digital television systems, as well as the technical quality requirements and measurement methods for transmission channels, code streams, services, subjective evaluations, etc., which are applicable to the measurement of audio and video quality in all aspects of cable digital television from source coding to receiving terminals by broadcasting and television institutions, as well as to the planning, design, and construction of the system.

4. Notice of the General Office of the State Administration of Market Regulation on Solidly Conducting the Investigation and Governance of Prominent Issues in the Field of Advertising Regulation

On June 19th, the website of the State Administration for Market Regulation announced that the General Office of the State Administration for Market Regulation had recently issued a notice on solidly carrying out the investigation and governance of prominent issues in advertising supervision.

The notice proposes 10 specific requirements and measures, which require promoting the standardization, convenience, and standardization of "three products and one device" advertising review services, deepening the "cross provincial communication" work, accelerating the collection of advertising review data, comprehensively implementing the list management of administrative licensing matters, and preparing guidelines for "three products and one device" advertising review services; Clearly regulate advertising monitoring work, strengthen traditional media advertising supervision, strengthen internet advertising supervision, carry out governance work in the field of internet advertising, closely follow new forms of advertising such as live streaming sales ads, pop-up ads, and "soft text" ads, and increase efforts to clean up and rectify internet advertising chaos.

5. Management Measures for the Installation of Temporary Outdoor Advertising Facilities in Shanghai

On June 28th, the Shanghai Greening and City Appearance Management Bureau released the "Management Measures for the Installation of Temporary Outdoor Advertising Facilities in Shanghai".

The "Measures" have a total of 22 articles, which are applicable to the installation and related management activities of temporary outdoor advertising facilities in administrative areas. It is clear that applications for setting up flag style advertising facilities using elevated road lamp poles, as well as applications for using construction media facade facilities in the Bund, North Bund, and Xiaolujiazui areas to release temporary outdoor advertisements, shall be accepted by the Municipal Greening and Urban Appearance Management Department; Temporary outdoor advertising facilities with lighting sources should be installed to prevent affecting the normal life of surrounding residents and the safe driving of vehicles and ships; The maximum approved installation period for temporary outdoor advertising facilities shall not exceed 30 days each time; The maximum period for setting up temporary outdoor advertising facilities with banners shall not exceed 15 days.