I mainly use the Internet Website Security Management Service Platform of the Public Security Bureau to search for policy documents, and classify them according to "Commentary and Messages," "Article Copyright and Compliance," and "Cybersecurity and Information Protection" to clarify the responsibilities that blog website owners should fulfill in various aspects. This article also strives to provide solutions to relevant issues.
Commentary and Messages#
Blog websites are platforms with the attributes of public opinion or social mobilization. Among them, the comment and message function belongs to the comment and message service and should comply with the "Internet Comment and Message Service Management Regulations" (implemented from December 15, 2022). According to these regulations, blog owners (i.e., comment and message service providers) should fulfill the following responsibilities:
- Review comments and messages after they are posted
- Authenticate the real identity information of comment and message service users (comment and message authors) based on mobile phone numbers, ID card numbers, or unified social credit codes
According to online rumors, the interactive filing requirements of the public security bureau (relevant public policy documents have not been found at present) are as follows:
- Collect the IP address, port number, and precise comment time down to the second of commenters, and save them for no less than 6 months
The issue of copyright of comments and messages may involve blog owners in copyright disputes, such as the case of Lu Song Song receiving a court summons and being sued for 6,000 yuan due to user comment infringement.
WordPress has a plugin called "Public Security Filing" (author: Yang Jingwen), which can collect and store the IP address, comment time, and port number of commenters. In "Settings-Discussion," you can set "Comments must be manually approved." Conditional website owners can use Tencent or Baidu's text content review interface.
Article Copyright and Compliance#
The following points should be noted in the "Notice on Regulating the Copyright Order of Internet Media" (State Council General Office [2015] No. 3):
- 1. When Internet media reproduces the works of others, it should comply with the relevant provisions of copyright laws and regulations, obtain permission from the copyright owner, pay remuneration, and indicate the author's name, work title, and source. Except as otherwise provided by laws and regulations.
- 3. When Internet media reproduces the works of others, it shall not make substantial modifications to the content of the works; if it makes textual modifications and deletions to the title and content, it shall not distort or tamper with the original meaning of the title and works.
- 4. The so-called current news referred to in Article 5 of the Copyright Law refers to pure factual information reported by newspapers, periodicals, radio stations, television stations, and other media. Such pure factual information is not protected by copyright law. Works such as news, communications, features, and reports that involve the original labor of the copyright owner are not considered pure factual information. When Internet media reproduces such works, it must obtain permission from the copyright owner and pay remuneration.
Currently, there is still controversy in China regarding the recognition of licenses such as CC0. Please strictly comply with the "Copyright Law of the People's Republic of China" when quoting or reproducing.
According to the "Copyright Law of the People's Republic of China" (revised for the third time on November 11, 2020), the following situations do not require permission from the copyright owner, payment of remuneration, but the author's name or name and the work's title must be indicated, and it must not affect the normal use of the work or unreasonably harm the legitimate rights and interests of the copyright owner (excerpt):
- For personal study, research, or appreciation, use works that have already been published by others
- For introducing or commenting on a work or explaining a problem, appropriately quote works that have already been published by others
According to the "Regulations on the Governance of Internet Information Content" (implemented from March 1, 2020), network information content producers are not allowed to produce, copy, or publish illegal information containing the following content (excerpt):
- Opposing the basic principles established by the Constitution
- Endangering national security, leaking state secrets, subverting state power, or undermining national unity
- Damaging national honor and interests
- Distorting, ridiculing, blaspheming, or denying the deeds and spirits of heroes, insulting, defaming, or otherwise infringing upon the name, image, reputation, and honor of heroes
- Inciting ethnic hatred or discrimination, undermining ethnic unity
- Undermining the state's religious policies, promoting cults and feudal superstitions
- Spreading rumors, disrupting economic order and social order
- Spreading obscene, pornographic, gambling, violent, murderous, terrorist, or instigating criminal activities
- Insulting or defaming others, infringing upon the reputation, privacy, and other legitimate rights and interests of others
This regulation provides detailed explanations for content that encourages or resists creation. Bloggers should read this regulation and make adjustments to their article content accordingly.
Cybersecurity and Information Protection#
In terms of information protection, the "Decision of the Standing Committee of the National People's Congress on Strengthening Network Information Protection" (passed and implemented on December 28, 2012) has the following provisions:
- Network service providers and other enterprises and institutions should publicly disclose their rules for collecting and using personal electronic information of citizens (publish privacy policies)
- Network service providers and other enterprises and institutions should take technical measures and other necessary measures to ensure information security, prevent the leakage, damage, and loss of personal electronic information collected in business activities
Similar requirements regarding informing individuals about personal information are also stated in Chapter 1, Section 17 of the "Personal Information Protection Law of the People's Republic of China" (implemented from November 1, 2021). Blog website owners should publish privacy policies, informing individuals about the handling of personal information, including:
- The name or name and contact information of the personal information processor
- The purpose and method of processing personal information, the types of personal information processed, and the retention period
- The methods and procedures for individuals to exercise their rights under this law
The "Cybersecurity Law of the People's Republic of China" (implemented from June 1, 2017) stipulates that "network product and service providers shall continuously provide security maintenance for their products and services." Blog website owners should check whether a firewall has been installed on their websites.