Text of Notice Regarding Further Strengthening of Control Over the Dissemination of Harmful Information Over Mobile Communication Networks (Chinese and English Text)
Communication administrations in each province, autonomous region, and municipality directly under the central government; China Mobile Communications Corporation, China Unicom Ltd., China Telecom Corporation Limited, China Network Communications Group Corporation; all related information service business operators: With the rapid development of mobile communication services, in recent years, mobile communication networks' mobile information service businesses have received the welcome of a vast number of users because of their ease of use and fast service. Along with the rapid growth of mobile communication businesses, however, there have also been some problems. In recent times there has been reports in society of severe incidences of mobile communication networks harboring evil practices, and there has been an explosion of horoscope predictions, shady romances, video of beautiful women, and "erotic" messages on mobile information service projects. "Talks on eroticism and sex," "Nights of extreme temptation," and other provocative language has repeatedly appeared in subject lines, information contents, and short text message advertisements. Some widely distributed immoral unsolicited commercial messages, some which even openly offer pornographic pictures and pornographic chat room services, in violation of national laws and regulations regarding utilizing telecommunication networks to produce, copy, send, or disseminate pornographic, violent, or any other explicitly forbidden content. This has polluted the social atmosphere and has had a severely negative influence on society. In order to clean up mobile network information services, further strengthen control over the dissemination of harmful information on communication networks, and promote the continued healthy and orderly development of mobile information service businesses, regarding relevant issues you are hereby notified as follows: 1. Relevant telecommunications operating enterprises shall further strengthen social responsibility, and when actively providing relevant support services to mobile information service business operators, shall strictly uphold information security assurance responsibilities of a network operator in accordance with the principle of "he who manages shall bear responsibility," and focus on completing the following tasks: (i) Strengthen supervision of mobile communication network access and strictly deny unlicensed telecommunication business operations access services. (ii) Perfect supervision processes and work systems for mobile communication network access and transmission, impose information content examination and verification screening on all accessing information service businesses, and upon discovering information that contains or employs provocative language or disseminates information with contents that the state explicitly prohibits, deny access and transmission. With respect to those who already have access and transmission, upon discovery their access and transmission shall be immediately terminated in accordance with Article 62 of the Telecommunication Regulations, and a record shall be retained, and shall be reported to the relevant responsible telecommunication department. (iii) Strengthen technical support, increase day-to-day situational awareness and real-time monitoring of the access and transmission of words, sounds, pictures, video, and other information, and upon discovering information that contains or employs provocative language or disseminates information with contents that the state explicitly prohibits, deny access and transmission. With respect to those who already have access and transmission, upon discovery their access and transmission shall be immediately terminated in accordance with Article 62 of the Telecommunication Regulations, and be dealt with severely. (iv) Increase social supervision, strengthen user report handling mechanisms. It is necessary to establish dedicated consumer harmful information report receipt platforms, and immediately investigate consumers' reports of problems; with respect to verified problems, access and transmission shall be immediately terminated in accordance with Article 62 of the Telecommunication Regulations, and be dealt with severely, and a response regarding the result of the disposition shall be provided to the consumer. At a specified time prior to the tenth day of the month a report of the previous month's consumer harmful information complaints and the status of their disposition shall be submitted to the relevant responsible telecommunications department. 2. All mobile information service business operators shall bear responsibility for supervising information security for all accessing information services business operators, and strengthening supervision of all information services business they operate: (i) Establish and perfect internal enterprise information security supervision responsibility mechanisms, perfect work flows, clarify responsibilities, and strengthen information security enterprise legal person responsibility mechanisms. (ii) When gathering, publicizing, handling, and disseminating information, it is required to implement strict censorship of information content, and strictly prohibit the production, copying, sending, or dissemination of any information content that is pornographic, violent, or that contains or employs provocative language or disseminates information with contents that the state explicitly prohibits. (iii) Perfect systems, strengthen measures, increase monitoring and supervision of all transmitted contents, and upon discovering anything that violates regulations, immediately cease transmission, retain a record, and report it to the local agency responsible for telecommunications. (iv) Earnestly abide by the requirements of Industry and Commerce Advertisement Notice Number 22 [2005] issued jointly by the Ministry of Information Industry and the State Administration of Industry and Commerce, strictly prohibiting the dissemination of mobile information service advertisements with harmful contents through short text messages or other means. All mobile information service business operators, when transmitting mass or broadcast short text message mobile information service advertisements that include commercial solicitation, upon an expression from a consumer to refuse receipt, the short text message business shall cease transmitting. (v) No mobile information service business operator may utilize its fee collection channels to accept fees on behalf of illegal criminal behavior. 3. From the end of September through October 30, relevant telecommunication operator enterprises and all mobile information service business operators shall earnestly organize and launch self-examination and self-rectification actions to control the dissemination of harmful information. Examine each item of transmitted information's heading and content, earnestly implement the demands of this notice, and immediately rectify any problems that are discovered. Once self-examination and self-rectification work has concluded, all work units shall carry out a summary of the self-examination and self-rectification situation in a timely manner. The headquarters of all telecommunication operator enterprise groups and the enterprise headquarters of all providers of inter-regional mobile information service businesses shall submit a report to the Ministry of Information Industry prior to November 10. Each of the basic level enterprises of other mobile information service business operators, relevant telecommunication operator enterprises, and inter-regional mobile information service businesses shall submit a report to the communications administration of their local province, autonomous region, or municipality directly under the central government prior to November 20. 4. The communication administrations in each province, autonomous region, and municipality directly under the central government shall strengthen supervision of locally launched mobile information services involving telecommunication operator enterprises, as well as mobile information service business operators, and increase social supervision and the scope of lawful investigations and sanctions, and forcefully clean up the local mobile information service market environment. (i) Supervise local relevant telecommunications operator enterprises and mobile information service business operators in their performance of administration of all network and information security work in accordance with rules, establish and perfect relevant information security supervision systems and integration mechanisms, designate specialized departments and specialized personnel to be responsible for information security monitoring and integrated communications with relevant telecommunication business operators. (ii) Supervise and inspect the self-examination and self-rectification status of local relevant telecommunications operator enterprises and mobile information service business operators. With respect to those that have problems, it is necessary to order relevant enterprises to complete rectification work. With respect to those that do not rectify or deliberately conceal problems with self-examination and self-rectification, following examination they shall be dealt with severely in accordance with the law. Where it constitutes a crime, it shall be transferred to the judicial department for punishment for criminal responsibility in accordance with the law. (iii) Strengthen the carrying out of supervision and examination of relevant telecommunication operator enterprises acceptance of consumers' harmful information reports and their handling status. (iv) With respect to experiencing serious problems and relevant situations in implementing the demands of these notes, please report them to our Ministry's telecommunication administration in a timely manner. 5. The provision of words, sounds, pictures, video, and other information services to consumers through fixed telephone and other telephone terminals shall be carried out in accordance with the foregoing rules.
The following is a translation prepared by the Congressional-Executive Commission on China of the "Notice Regarding Further Strengthening Control Over the Dissemination of Harmful Information over Mobile Communication Newtorks" issued by the Ministry of Information Industry on October 7, 2005. A summary of the notice prepared by the Commission is available here.
Communication administrations in each province, autonomous region, and municipality directly under the central government; China Mobile Communications Corporation, China Unicom Ltd., China Telecom Corporation Limited, China Network Communications Group Corporation; all related information service business operators:
With the rapid development of mobile communication services, in recent years, mobile communication networks' mobile information service businesses have received the welcome of a vast number of users because of their ease of use and fast service. Along with the rapid growth of mobile communication businesses, however, there have also been some problems. In recent times there has been reports in society of severe incidences of mobile communication networks harboring evil practices, and there has been an explosion of horoscope predictions, shady romances, video of beautiful women, and "erotic" messages on mobile information service projects. "Talks on eroticism and sex," "Nights of extreme temptation," and other provocative language has repeatedly appeared in subject lines, information contents, and short text message advertisements. Some widely distributed immoral unsolicited commercial messages, some which even openly offer pornographic pictures and pornographic chat room services, in violation of national laws and regulations regarding utilizing telecommunication networks to produce, copy, send, or disseminate pornographic, violent, or any other explicitly forbidden content. This has polluted the social atmosphere and has had a severely negative influence on society. In order to clean up mobile network information services, further strengthen control over the dissemination of harmful information on communication networks, and promote the continued healthy and orderly development of mobile information service businesses, regarding relevant issues you are hereby notified as follows:
1. Relevant telecommunications operating enterprises shall further strengthen social responsibility, and when actively providing relevant support services to mobile information service business operators, shall strictly uphold information security assurance responsibilities of a network operator in accordance with the principle of "he who manages shall bear responsibility," and focus on completing the following tasks:
(i) Strengthen supervision of mobile communication network access and strictly deny unlicensed telecommunication business operations access services.
(ii) Perfect supervision processes and work systems for mobile communication network access and transmission, impose information content examination and verification screening on all accessing information service businesses, and upon discovering information that contains or employs provocative language or disseminates information with contents that the state explicitly prohibits, deny access and transmission. With respect to those who already have access and transmission, upon discovery their access and transmission shall be immediately terminated in accordance with Article 62 of the Telecommunication Regulations, and a record shall be retained, and shall be reported to the relevant responsible telecommunication department.
(iii) Strengthen technical support, increase day-to-day situational awareness and real-time monitoring of the access and transmission of words, sounds, pictures, video, and other information, and upon discovering information that contains or employs provocative language or disseminates information with contents that the state explicitly prohibits, deny access and transmission. With respect to those who already have access and transmission, upon discovery their access and transmission shall be immediately terminated in accordance with Article 62 of the Telecommunication Regulations, and be dealt with severely.
(iv) Increase social supervision, strengthen user report handling mechanisms. It is necessary to establish dedicated consumer harmful information report receipt platforms, and immediately investigate consumers' reports of problems; with respect to verified problems, access and transmission shall be immediately terminated in accordance with Article 62 of the Telecommunication Regulations, and be dealt with severely, and a response regarding the result of the disposition shall be provided to the consumer. At a specified time prior to the tenth day of the month a report of the previous month's consumer harmful information complaints and the status of their disposition shall be submitted to the relevant responsible telecommunications department.
2. All mobile information service business operators shall bear responsibility for supervising information security for all accessing information services business operators, and strengthening supervision of all information services business they operate:
(i) Establish and perfect internal enterprise information security supervision responsibility mechanisms, perfect work flows, clarify responsibilities, and strengthen information security enterprise legal person responsibility mechanisms.
(ii) When gathering, publicizing, handling, and disseminating information, it is required to implement strict censorship of information content, and strictly prohibit the production, copying, sending, or dissemination of any information content that is pornographic, violent, or that contains or employs provocative language or disseminates information with contents that the state explicitly prohibits.
(iii) Perfect systems, strengthen measures, increase monitoring and supervision of all transmitted contents, and upon discovering anything that violates regulations, immediately cease transmission, retain a record, and report it to the local agency responsible for telecommunications.
(iv) Earnestly abide by the requirements of Industry and Commerce Advertisement Notice Number 22 [2005] issued jointly by the Ministry of Information Industry and the State Administration of Industry and Commerce, strictly prohibiting the dissemination of mobile information service advertisements with harmful contents through short text messages or other means. All mobile information service business operators, when transmitting mass or broadcast short text message mobile information service advertisements that include commercial solicitation, upon an expression from a consumer to refuse receipt, the short text message business shall cease transmitting.
(v) No mobile information service business operator may utilize its fee collection channels to accept fees on behalf of illegal criminal behavior.
3. From the end of September through October 30, relevant telecommunication operator enterprises and all mobile information service business operators shall earnestly organize and launch self-examination and self-rectification actions to control the dissemination of harmful information. Examine each item of transmitted information's heading and content, earnestly implement the demands of this notice, and immediately rectify any problems that are discovered.
Once self-examination and self-rectification work has concluded, all work units shall carry out a summary of the self-examination and self-rectification situation in a timely manner. The headquarters of all telecommunication operator enterprise groups and the enterprise headquarters of all providers of inter-regional mobile information service businesses shall submit a report to the Ministry of Information Industry prior to November 10. Each of the basic level enterprises of other mobile information service business operators, relevant telecommunication operator enterprises, and inter-regional mobile information service businesses shall submit a report to the communications administration of their local province, autonomous region, or municipality directly under the central government prior to November 20.
4. The communication administrations in each province, autonomous region, and municipality directly under the central government shall strengthen supervision of locally launched mobile information services involving telecommunication operator enterprises, as well as mobile information service business operators, and increase social supervision and the scope of lawful investigations and sanctions, and forcefully clean up the local mobile information service market environment.
(i) Supervise local relevant telecommunications operator enterprises and mobile information service business operators in their performance of administration of all network and information security work in accordance with rules, establish and perfect relevant information security supervision systems and integration mechanisms, designate specialized departments and specialized personnel to be responsible for information security monitoring and integrated communications with relevant telecommunication business operators.
(ii) Supervise and inspect the self-examination and self-rectification status of local relevant telecommunications operator enterprises and mobile information service business operators. With respect to those that have problems, it is necessary to order relevant enterprises to complete rectification work. With respect to those that do not rectify or deliberately conceal problems with self-examination and self-rectification, following examination they shall be dealt with severely in accordance with the law. Where it constitutes a crime, it shall be transferred to the judicial department for punishment for criminal responsibility in accordance with the law.
(iii) Strengthen the carrying out of supervision and examination of relevant telecommunication operator enterprises acceptance of consumers' harmful information reports and their handling status.
(iv) With respect to experiencing serious problems and relevant situations in implementing the demands of these notes, please report them to our Ministry's telecommunication administration in a timely manner.
5. The provision of words, sounds, pictures, video, and other information services to consumers through fixed telephone and other telephone terminals shall be carried out in accordance with the foregoing rules.
关于进一步加强移动通信网络不良信息传播治理的通知
各省、自治区、直辖市通信管理局；中国移动通信集团公司、中国联合通信有限公司，中国电信集团公司，中国网络通信集团公司；各相关信息服务业务经营者：
随着移动通信业务的快速发展，近年来，基于移动通信网络的移动信息服务业务因其使用方便、服务快捷，得到了广大用户的欢迎。但是伴随移动通信业务的高速增 长，也出现了一些问题。近一段时间以来，社会反映移动通信网络上藏污纳垢现象严重，星相占卜、暧昧情色、美女视频、有“色”声讯等堂而皇之地出现在移动信 息服务项目中，“谈色论性”、“充满诱惑的夜”等挑逗性语言在栏目标题、信息内容和短信广告中频频出现，有的大量散布格调低级的垃圾短信，有的甚至公然提 供色情图片、色情语音聊天服务，违反了国家法律法规关于不得利用电信网络制作、复制、发布、传播色情、暴力等明令禁止内容的规定，污染了社会风气，在社会 上造成严重不良影响。为了净化移动网络信息服务环境，进一步加强对移动通信网络不良信息传播的治理，促进移动信息服务业务的持续健康有序发展，现就有关问 题通知如下：
一、 相关电信运营企业要进一步强化社会责任，在为移动信息服务业务经营者积极提供相关支撑服务的同时，认真按照“谁经营、谁负责”的原则切实承担起网络运营商所应承担的信息安全保障责任，重点做好以下工作：
（一）加强移动通信网络的接入管理，严禁为无相应电信业务经营许可者提供接入服务。
（二）完善移动通信网络的接入和传输管理流程和工作制度，对所接入的信息服务业务应事先进行信息内容审核，发现含有或用挑逗性语言散布国家明令禁止内容的 信息不得接入和传输；对已接入和传输的，一经发现，应按《电信条例》第六十二条规定要求立即停止接入和传输，保存有关记录，并向相关电信主管部门报告。
（三）强化技术支撑，加强对移动通信网络所接入和传输的文字、声音、图像和视频等信息的日常动态拨测和实时监测，对发现含有或用挑逗性语言散布国家明令禁止内容信息的，应按《电信条例》第六十二条规定要求立即停止接入和传输，予以严肃处理。
（四）加强社会监督，健全用户投诉处理机制。要设立专门的用户不良信息投诉受理平台，对用户所反映问题立即核实；对问题属实的，应按《电信条例》第六十二 条规定要求立即停止接入和传输，予以严肃处理，并将有关处理结果及时反馈用户。定期在每月10日前将上个月关于受理用户不良信息投诉及处理情况上报相关电 信主管部门。
二、各移动信息服务业务经营者 应切实承担起所接入的信息服务业务经营者的信息安全管理责任，加强对所经营信息服务业务的管理：
（一）建立健全企业内部的信息安全管理责任制，完善流程，明确责任，强化信息安全企业法人负责制；
（二）在采集、开发、处理、发布信息时，须对信息内容进行严格审查，严禁制作、复制、发布、传播含有或用挑逗性语言散布国家明令禁止的信息内容；
（三）完善制度、强化手段，加强对所传输内容的监测管理，发现违反规定的，立即停止传输，保存有关记录，并向当地电信主管机构报告。
（四）认真遵守信息产业部与国家工商行政管理局联合下发的工商广字[2005]22号通知要求，严禁发布含有不良内容的短信等移动信息服务广告。各移动信 息服务业务经营者群组或广播式发送带有商业宣传性质的短信息时，用户明示拒绝接收的，短信息业务提供者应当停止发送。
（五）各移动信息服务业务经营者不得利用其业务收费渠道为违法犯罪行为代理收费。
三、在9月底至10月30日期间，相关电信运营企业、各移动信息服务业务经营者应认真组织、开展不良信息传播治理的自查自纠活动，逐条核查所发布信息的标题和内容，认真落实本通知的各项要求，对发现的问题，立即整改。
自查自纠工作结束后，各单位应及时对自查自纠情况进行总结。各相关电信运营企业集团总部和提供跨地区移动信息服务业务的企业总部应将总结报告于11月10 日以前报信息产业部；其他移动信息服务业务经营者，相关电信运营企业和跨地区移动信息服务业务企业的各地基层企业应将总结报告于11月 20日以前报当地省、自治区、直辖市通信管理局。
四、各省、自治区、直辖市通信管理局应加强对当地开展移动信息服务的相关电信运营企业和移动信息服务业务经营者的管理，加大社会监督和依法查处力度，有力净化当地移动信息服务市场环境。
（一）监督当地相关电信运营企业和移动信息服务业务经营者按规定做好各自的网络与信息安全管理工作，建立并完善相应的信息安全管理制度和联系机制，指定专门部门、专门人员负责信息安全监管和与相关电信业务经营者的联系沟通。
（二）监督检查当地相关电信运营企业和移动信息服务业务经营者自查自纠的情况。对存在问题的，要及时责令相关企业做好整改工作；对拒不改正的或在自查自纠阶段故意隐瞒问题的，经查实依法从严处理；构成犯罪的，移交司法部门依法追究其刑事责任。
（三）加强对当地相关电信运营企业受理用户不良信息投诉及处理情况进行监督检查，并及时了解社会有关反映，接受社会监督。
（四）对在执行本通知要求中遇到的重大问题和有关情况，请及时向我部电信管理局反映。
五、通过固定电话及其他电话终端向用户提供的文字、声音、图像和视像等信息服务，比照上述规定执行。
中华人民共和国信息产业部
二○○五年九月二十六日
(联系电话：010-66012278)