China: Adopted Provisions on the Administration of Internet Thread Commenting Services

On 25 August 2017, the Cyberspace Administration of China adopted the Provisions on the Administration of Internet Thread Commenting Services, regulating the content moderation obligations of websites providing public comments functions. The Provisions will be implemented on 1 October 2017. The Regulations apply to all websites which provide a public commenting function. Operators of these websites are required to establish review systems for comments, as well as put in place the necessary personnel and technology to implement these review systems. Operators are prohibited from interfering with public opinion by illegitimately selectively deleting or recommending content. However, they are also required to take applicable measures, including warning, deleting, refusing to post, and reporting illegal information. For this purpose, they are required to establish a user classification system to assess the behaviour of users. They must also establish public complaints and report mechanisms for illegal content. Further, operators must register and authenticate the real identity information of their users, sign a service agreement with users clarifying the applicable content management rules, and establish a system for the protection of user information, which requires individual user consent in every case.