The dimension of requirements for Internet companies has jumped
The original requirements of laws and regulations for Internet companies are: abide by the law, respect ethics, and list the things that are not allowed to be done. For example, the network security law stipulates that any individual and organization using the network shall abide by the Constitution and laws, observe public order, respect social ethics, and shall not endanger network security, nor use the network to engage in activities that endanger national security, honor and interests
The new rules of application have added new contents: application providers and application distribution platforms should abide by the constitution, laws and administrative regulations, carry forward the socialist core values, adhere to the correct political direction, public opinion guidance and value orientation, follow public order and good customs, perform social responsibilities, and maintain a clean cyberspace. What is more refreshing is the first paragraph of Article 8: application providers shall be responsible for the results of information content presentation, shall not produce and disseminate illegal information, and consciously prevent and resist bad information.
Of course, the meaning of "being responsible for the results of information content presentation" means that as long as the illegal content in the application or the website is not deleted within the specified time, the operator will be responsible for this and be punished, regardless of the reason, only the results. This is the thinking and actual operation standard of Internet regulation in recent years, but it is clearly written in the regulations, which means that the regulation will continue to increase.
"Be responsible for the results of information content presentation" adding the new rules of application will make the Internet companies have a very high duty of care for illegal or illegal content, and it is necessary to deduce whether the Internet companies have done the right thing in content supervision from the results. Huge responsibility means a sharp increase in costs, not only economic costs, but also illegal costs. This also means that Internet companies should continue to survive in the environment of huge regulatory pressure. It is impossible to move forward with a heavy load. Therefore, survival is still the first consideration of Internet companies.
The accuracy of the real name system is further improved
China's Internet real name system has come step by step. The decision of the Standing Committee of the National People's Congress on strengthening the protection of network information, which was implemented in December 2012, should be the earliest real name system law required by China. It stipulates that users should provide real identity information when accessing websites, accessing fixed and mobile phones, and providing information publishing services for users.
The regulations on the management of Internet user account names, which came into effect in March 2015, first proposed that Internet companies should, in accordance with the principle of "real name at the back and voluntary at the front", require netizens to register accounts after passing the authentication of real identity information. The old version of the regulations on the management of mobile Internet application information service, which was implemented in August 2016, followed the corresponding real name system.
The network security law, which came into effect on June 1, 2017, has new contents. In addition to providing website access, fixed line and mobile phone access, providing information publishing services for users and requiring users to provide real identity information, it also stipulates that the State implements the network trusted identity strategy.
The 2022 version of the regulations on the management of mobile Internet application information services also adds the expression of the network trusted identity strategy, and deletes the content of "background real name and foreground voluntary". Specific provisions: Article 5 application providers and application distribution platforms shall fulfill the responsibility of information content management subjects and actively cooperate with the state in implementing the network trusted identity strategy... Article 6 application providers providing users with information release, instant messaging and other services shall provide the users who apply for registration with the mobile phone number Identity card number or unified social credit code.
The author's understanding is that the network trusted identity strategy requires a higher real name system, which not only requires the real name system, but also needs to be trusted, and those false real names that are falsely registered should be excluded. Therefore, the provisions of Article 6 of the new regulations on application programs should be understood as that the authentication of the user's real identity information should use the mobile phone number, ID card number or the trusted authentication method in the unified social credit code, and double or multiple authentication is not excluded.
The new regulations on application programs clearly apply the network trusted identity strategy to the application providers first, and stipulate that the application store should authenticate the real identity information of the application providers based on the combination of mobile phone number, ID card number or unified social credit code, and publicize the provider name, unified social credit code and other information according to the different subject nature of the application providers, Facilitate social supervision and inquiry.
A more accurate real name system means a higher operational responsibility for Internet companies. The management systems based on a more accurate real name system, such as information content security management, information content ecological governance, data security and personal information protection, and juvenile protection, will also increase the institutional costs of Internet companies and allow operators of Internet companies to focus on compliance rather than business development.
It can be seen that, at least in the Internet field, the regulation is still being strengthened. It is hoped that the Internet industry can take this opportunity to strengthen its internal strength, continue to promote compliance work, and wait for the next development opportunity.