Guiding opinions on further strengthening the reporting of network infringement information
Network Information Offices of Party Committees of all provinces, autonomous regions and municipalities directly under the Central Government, and Network Information Offices of Party Committees of Xinjiang Production and Construction Corps:
The work of reporting online infringement information is an important measure for the online information department to practice the online mass line, an important means to protect the legitimate rights and interests of netizens, and is of great significance to promoting the formation of a positive, healthy and upward-oriented network culture. In order to strengthen the reporting of network infringement information, promote the establishment of a good network ecology, and earnestly safeguard the legitimate rights and interests of the majority of netizens, we hereby put forward the following opinions.
I. General requirements
(A) the guiding ideology
Guided by the Supreme Leader’s Socialism with Chinese characteristics Thought in the New Era, we will thoroughly implement the spirit of the 20th National Congress of the Communist Party of China and the First and Second Plenary Sessions of the 20th Central Committee, adhere to the people-centered development thought, adhere to the principle of centering on the center and serving the overall situation, aim at improving the sense of acquisition, happiness and security of the majority of netizens in cyberspace, take safeguarding the legitimate rights and interests of the majority of netizens as the starting point and the foothold, and focus on compacting the main responsibility of the website platform. Consolidate the work foundation, innovate and improve measures, improve system norms, improve institutional mechanisms, highlight the work of reporting online infringement information involving citizens and corporate legal persons, and continue to create a clear cyberspace to help the healthy and orderly development of the economy and society.
(2) Main principles
Adhere to the concept of system.Strengthen the overall design, pay attention to overall planning and coordination, promote the full coverage of online and offline acceptance and disposal, implement the main responsibility and supervision responsibility simultaneously, integrate horizontal coordination and vertical linkage, and promote the work in all directions and in the whole chain.
Adhere to the problem orientation.In view of the difficulty of blocking netizens’ network rights protection, based on functions, targeted policies, precise efforts, innovative work ideas, improved methods and means, and strive to improve the effectiveness and disposal rate of netizens reporting complaints.
Adhere to the law and regulations.Scientifically set the acceptance and disposal standards, strictly accept and dispose of the process, strengthen internal management, pay attention to risk prevention, ensure the accurate application of the law, complete procedures and compliance, and constantly improve the level of institutionalization and standardization of work.
Insist on paying attention to actual results.Enhance pertinence, highlight effectiveness, focus on key areas, focus on key links, comprehensively implement policies, treat both the symptoms and the root causes, and do in-depth and detailed work to ensure that all key tasks are implemented.
Second, lay a solid foundation for work
(3) Optimize the reporting service.Establish a diversified reporting platform to achieve full online and offline coverage and meet the multi-level and diversified reporting needs of netizens. Strengthen the service function of the reporting platform, and provide multi-functional reporting service products such as reporting complaints, reporting guidelines, typical cases and laws and regulations. Strengthen the construction of reporting channels, formulate reporting guidelines according to laws and regulations, and clarify reporting requirements to facilitate netizens to report effectively and accurately. Establish a complaint rights protection matrix, introduce legal consultation, judicial relief, public interest litigation, online mediation and other channels for netizens, and expand social forces to actively participate in the protection of netizens’ rights and interests.
(4) Improve the disposal mechanism.Establish a closed-loop reporting and disposal mechanism for the whole chain, actively accept and handle reports within the scope of responsibilities of the department, and discuss and judge reports outside the scope of responsibilities as appropriate; Strengthen tracking and supervision to ensure that "everything is settled and the pieces are echoed". Enrich the means of reporting and disposal, and establish hierarchical and classified disposal measures. Intensify punishment and severely punish malicious infringement, repeated infringement and group infringement. Strengthen the deterrent effect, severely deal with and promptly publish typical cases that are strongly reflected by the masses and highly concerned by public opinion.
(5) Improve the system and norms.Improve the acceptance and disposal norms, and clarify the acceptance object, acceptance scope, acceptance method and disposal measures. Improve the process specification, and refine the working procedures such as collective discussion, hierarchical control, and separation of trial and punishment. Establish a whistleblower information protection system, and it is strictly forbidden to disclose, tamper with, damage, sell or illegally provide whistleblower personal information and reporting materials to others. Improve information registration, work ledger, file management and other systems, improve work style and improve service quality.
(6) unify the criteria for judging.Give full play to the basic and leading role of standardization in network infringement information reporting, and study and formulate legally well-founded and scientifically applicable standards for the acceptance, review, judgment and disposal of network infringement information reporting. Encourage industry organizations and website platforms to actively participate in the formulation of standards. Promote the implementation and application of standardization, highlight the main application position of the website platform, strive to realize the practical transformation from "having good standards" to "using good standards", and gradually realize the same reporting items, the same acceptance conditions, the same proof requirements and the same handling results.
(7) Strengthen technical support.Strengthen the construction of technical system, improve the convenience and intelligence level of report acceptance and disposal; Expand the functions of dynamic monitoring, statistical analysis, trend judgment and effect evaluation, give full play to the role of basic data resources, and improve the ability of prediction, prevention and early warning. Accelerate the effective connection and interconnection of the network reporting technology management system of the network information department, coordinate the promotion of technology integration, data integration and business integration, enhance the ability of collaborative disposal of cross-level and cross-regional network infringement information reporting, and provide support for the establishment of a national "one chess game" work pattern of "one acceptance and one disposal".
Third, effectively protect the legitimate rights and interests of citizens’ personal networks
(eight) clear the focus of personal reporting.Focus on accepting and disposing of clues that disclose personal information such as citizens’ home address, identity documents, contact information, medical health, whereabouts and financial accounts without personal consent or in violation of relevant state regulations. Focus on illegal websites and accounts that steal and sell personal information. Focus on the disposal of illegal accounts that use other people’s names, portraits, positions and other distinctive identification features, counterfeit others to publish information, express their positions and opinions, and carry out other online activities. Focus on handling illegal and bad information and related accounts that deface other people’s portraits, wrongly associate or improperly use other people’s portraits, insult, slander, spread rumors and discredit others’ reputations.
(9) Establish a rapid disposal channel for cyber violence information reporting.Establish an online cyber violence information reporting area, provide convenient reporting channels for netizens, and quickly accept and dispose of unfriendly and uncivilized remarks directed at individuals, especially cyber violence information such as "human flesh search", malicious attacks, rumors and slanders. Strictly deal with accounts that start, turn, multiply and incite the dissemination of cyber violence information. Adhere to the combination of online disposal and offline investigation, strengthen collaborative governance with law enforcement and judicial departments, improve the traceability of cyber violence information, investigate the legal responsibility of cyber violence perpetrators according to law, increase the illegal cost of cyber violence, and curb the chaos of cyber violence from the source.
(ten) to strengthen the protection of the legitimate rights and interests of special group networks.Give priority to protecting the legitimate rights and interests of minors on the Internet, and promptly dispose of illegal and bad information that insults, slanders, threatens minors or maliciously damages their image in the form of words, pictures, audio and video. Timely disposal of leaked names, residences, photos of minors and other illegal and bad information that may identify the true identity of minors. Severely crack down on cyber bullying involving minors according to law. Protect the legitimate rights and interests of women, the disabled, the elderly and other special groups in accordance with the law, and resolutely deal with illegal and bad information that creates social contradictions and incites group opposition, such as gender discrimination, age discrimination and geographical discrimination.
(eleven) to grasp the key areas of reporting acceptance and disposal.Focus on dealing with false and untrue information produced, copied and published by "self-media", establish a blacklist mechanism for online accounts (account subjects), and strictly deal with illegal accounts and their subjects in the report collection. Focus on the disposal of infringing information recommended by network information search service providers in the form of links, abstracts, snapshots, associative words, related searches, etc. Focus on dealing with infringement information such as mutual tearing and abuse, pulling and stepping on wars in online topics, information comments, live webcasts, short videos, online groups and other column links.
Fourth, earnestly safeguard the legitimate rights and interests of enterprise networks
(twelve) to grasp the key points of reporting and disposal of enterprises.Focus on dealing with false information that infringes on the reputation of enterprises and entrepreneurs, reduces the public’s evaluation of enterprise products or services to the society, affects the normal production and operation activities of enterprises, and interferes with the market economic order by fabricating facts, making subjective assumptions, distorting interpretations, maliciously associating, deliberately speculating, and speculating old news. Dispose of the negative information of enterprises in accordance with the law, extort money, counterfeit the name of enterprises or prominently identify illegal websites and accounts that carry out network activities. Severely crack down on the network water army that manipulates public opinion and maliciously slanders corporate reputation.
(thirteen) to clarify the types of key enterprises.Protect the legitimate rights and interests of enterprises and entrepreneurs’ networks in accordance with the law, optimize the online business environment of enterprises, and support enterprises of various ownership systems to optimize reform, development and growth. Focus on protecting the legitimate rights and interests of the "to be listed" enterprise network, and escort the smooth listing and financing of enterprises; Focus on protecting the legitimate rights and interests of listed companies’ networks, stabilize the market value of enterprises, and boost investor confidence; Focus on protecting the legitimate rights and interests of high-tech enterprises and "specialized and innovative" enterprise networks, and help enterprises innovate and develop, become bigger and better.
(fourteen) to open an online reporting area for enterprises.Establish a "two micro-ends" online reporting area for enterprises, clarify the scope of acceptance, reporting requirements and proof requirements, and actively accept reports of network infringement information of local enterprises. According to the working principle of "special person is responsible, priority is given, the whole process is tracked and settled within a limited time", the workflow is simplified and quickly disposed of according to law. For non-territorial network infringement information, timely submit it to the Central Network Information Office in accordance with relevant regulations and procedures.
(fifteen) improve the reporting and verification mechanism.Broaden the working ideas, innovate the methods of proof, enrich the forms of proof, reduce the difficulty of reporting by enterprises, and enhance the feasibility of reporting by enterprises. Sort out and summarize the dominant types of network infringement, such as insulting and abusing the network ecology, misleading public opinion out of context, and counterfeiting and counterfeiting illegal websites without filing, and clarify the specific circumstances without proof from judicial, administrative and other state agencies. Explore the effectiveness of third-party professional organizations, industry standards, legal opinions, audit reports, public service platform query results, and source media information in network infringement proof. Establish a linkage and coordination mechanism with the functional management departments of enterprises, analyze and judge important issues and major clues, make overall plans, form a joint effort, and create favorable conditions for rapid verification and timely disposal.
(sixteen) to strengthen the reporting policy guidance.Take the initiative to serve first, and actively find ways and solve problems for enterprises. Strengthen investigation and study, find out the situation of network infringement encountered by local enterprises, and make sure that the situation is clear and the base is clear. Publicize the reporting policy, strengthen training and guidance, and do a good job of "sending policies to enterprises". Establish communication and docking channels with key enterprises in the territory, regularly understand the demands of enterprises for rights protection, conduct "one-on-one" directional counseling for those with reasonable demands for rights protection, analyze reporting methods, build reporting channels, and strengthen service guarantee; If the demand for rights protection is unreasonable, actively do a good job in explaining it.
(seventeen) strictly regulate the reporting behavior of enterprises.Effectively improve the ability of audit and judgment, accurately grasp the connotation of public opinion supervision and the standard of network infringement, and correctly treat the important role of online public opinion supervision in improving corporate governance and improving the production and operation mechanism of enterprises. In accordance with the principle of "complying with laws and regulations, effectively guiding and standardizing channels", properly handle the reports of rights and interests disputes involving labor, contracts, equity, property rights, debts and consumption according to law. Set the reporting conditions reasonably, standardize the reporting behavior of enterprises, and prevent the abuse of reporting rights and disrupt the reporting work order.
V. Compacting the main responsibility of the website platform
(eighteen) strict supervision and inspection.Adhere to the combination of comprehensive inspection and key inspection, comprehensively inspect the reporting of network infringement information on the local website platform, and focus on the reporting of explicit network infringement information that the website platform fails to timely handle feedback in accordance with relevant laws and regulations. Establish a problem account, pay close attention to the implementation of rectification, and strengthen disciplinary punishment for website platforms with weak main responsibility and frequent network infringement problems.
(nineteen) set up a complaint window.Explore the establishment of an online complaint acceptance window for netizens, and promptly handle complaints from netizens about the untimely handling of online infringement information by local website platforms and the inadequate work of safeguarding netizens’ legitimate rights and interests. Standardize complaint handling procedures, improve complaint handling measures, and publish complaint handling methods. Establish a complaint handling inquiry system to improve the quality and efficiency of complaint handling. Improve the evaluation system of network infringement information reporting on the website platform, introduce mass evaluation parameters and indicators, and carry out mass satisfaction evaluation.
(20) Promote information disclosure.Guide the local key website platforms to establish a notification mechanism for the acceptance and disposal of normalized network infringement information reports. Use all-media methods, publish in a prominent position, and deeply analyze community rules such as acceptance process, judgment criteria, and processing time limit to guide netizens to report accurately and effectively. Publish the number, measures and typical cases of reporting and handling network infringement information, and accept public supervision. Publicly report the disposal of hot infringement incidents and respond to the concerns of netizens.
(twenty-one) to improve the disposal effect.Guide the website platform to improve the measures for reporting and handling classified network infringement information. Establish a fast-track mechanism to accept and deal with explicit network infringement and report with clear facts and sufficient evidence at the first time. Establish a "time-limited private" mechanism, and take "private" measures for infringing information with strong timeliness and long proof time, which may have a greater negative impact on informants, so as to block the sharing and dissemination of relevant information in time and provide a time window for informants to complete proof. Establish a "dispute label" mechanism, and take measures such as setting up "content doubt labels" or "linking parties’ response statements" for infringing information that has not been fully confirmed, so as to guide netizens to objectively judge and prevent infringing information from misleading public opinion.
VI. Organizing implementation
(twenty-two) to strengthen organizational leadership.Improve the political position, fully understand the significance of doing a good job in reporting network infringement information, and regard the reporting of network infringement information as the key task of network management, and pay close attention to it constantly. It is necessary to carefully plan and deploy, formulate work plans, clarify objectives and tasks, and refine work measures. It is necessary to seriously organize the implementation, compact the responsibilities of all parties, and make solid and orderly progress to ensure effective results.
(twenty-three) focus on demonstration and guidance.Adhere to the combination of comprehensive deployment and pilot-driven, carry out pilot demonstration work around key tasks and key initiatives, encourage innovation in ideas, initiatives and mechanisms, sum up and promote excellent practices and typical experiences in a timely manner, and actively cultivate and form a number of brands that meet the characteristics of the times and are close to the needs of the masses.
(twenty-four) to strengthen team building.Fully equipped with strong work force, strengthen ideological tempering, enhance the sense of purpose, and cultivate the spirit of serving the people. Strengthen practical training and business training, improve legal literacy and media literacy, enhance the skills and ability to serve the people, and strive to build a high-quality professional work team with fine business, strong ability, discipline and clear bottom line.
(twenty-five) to strengthen publicity.Strengthen online publicity, continue to carry out thematic publicity, effectiveness publicity and typical publicity, and present the work of reporting online infringement information in a three-dimensional way through various means such as audio, video and graphics. Strengthen offline promotion, organize the publicity of network infringement information reporting into grassroots, communities, schools and enterprises, and continuously expand the public awareness and social participation of network infringement information reporting.
Central Network Security and InformatizationCommittee office
August 31, 2023