Shulou(Shulou.com)11/24 Report--

Thank you, Mr. Air, CTOnews.com netizen, for the delivery of the clues on the way! CTOnews.com, August 10, according to "Netletter China" official account news, in order to better safeguard and protect the legitimate rights and interests of enterprises and entrepreneurs on the network, and establish a long-term working mechanism of "optimizing the business network environment", the Central Internet Information Office recently issued the "website platform to accept and deal with the work norms for reporting Internet infringement Information related to Enterprises" (hereinafter referred to as the "work Code").

The work Code points out that the website platform should focus on accepting and dealing with six types of enterprise-related network infringement information reports:

(1) the counterfeit information that confuses the identity of the enterprise subject

(2) misleading information affecting the fair judgment of the public

(3) rumor information that does not conform to the objective reality of the enterprise

(IV) insulting messages that derogate and vilify enterprises or entrepreneurs

(5) leaking information that infringes upon the personal privacy of entrepreneurs

(6) other information that maliciously interferes with the normal operation and development of the enterprise.

The work Code mentions that the website platform should deal with the following rumor information in a timely manner:

(1) fabricating the private life of entrepreneurs

(2) fabricating illegal or illegal production and operation of an enterprise

(3) fabricating illegal crimes or moral anomie committed by entrepreneurs or employees of enterprises

(4) exaggerating the difficulties in production and operation of enterprises or entrepreneurs

(5) distorting the normal production, operation and investment activities of enterprises or entrepreneurs

(6) slandering the product and service quality of an enterprise

(7) smearing the scientific and technological innovation capability of enterprises

(8) other information that is inconsistent with the objective actual situation of the enterprise.

The full text of the "work Standard for accepting and dealing with Enterprise-related Network infringement Information reporting on the website platform" attached by CTOnews.com is as follows:

Article 1 in order to standardize the domestic website platform to accept and handle reports of network infringement information related to enterprises, and to better safeguard the legitimate rights and interests of enterprises and entrepreneurs, this standard is formulated in accordance with the laws and regulations such as the Civil Code, the Network Security Law, the provisions on the Ecological Governance of Network Information content, and the regulations on the Information Management of Internet users' accounts and the relevant state regulations, combined with the reality of the reporting work.

Article 2 the acceptance and handling of reports of network infringement information related to enterprises on the domestic website platform shall be subject to this standard.

Article 3 the website platform shall, in accordance with the principles of contract, classification and time-limited completion in accordance with the law, quickly and accurately accept and handle reports of network infringement information related to enterprises.

Article 4 the website platform shall focus on accepting and dealing with the following reports of enterprise-related network infringement information:

(1) the counterfeit information that confuses the identity of the enterprise subject

(2) misleading information affecting the fair judgment of the public

(3) rumor information that does not conform to the objective reality of the enterprise

(IV) insulting messages that derogate and vilify enterprises or entrepreneurs

(5) leaking information that infringes upon the personal privacy of entrepreneurs

(6) other information that maliciously interferes with the normal operation and development of the enterprise.

Article 5 if the reporting of enterprise-related network infringement information meets the following conditions, the website platform shall accept it:

(1) to submit written reports that can fully state the matters of the report and clarify the reasons for the report

(2) to submit the qualification documents of the subject of rights, such as the business license of the enterprise, the code certificate of the organization or the identity certificate of the entrepreneur; if a report is entrusted, the identity certificate of the reporting agent and the power of attorney shall be provided.

(3) to submit the name and contact information of the whistleblower

(4) submit a specific network address requesting to take necessary measures or relevant information sufficient to accurately locate the infringing content

(5) to submit preliminary evidence materials that can prove the infringement of the reported content.

(6) to submit a written guarantee declaring the authenticity and legality of the report.

Article 6 the website platform shall handle the following counterfeit information in a timely manner:

(1) illegally using the same or similar name logo or portrait of an entrepreneur in the network account name information such as name, profile, profile, etc.

(2) publishing information in the name of an enterprise or entrepreneur

(3) illegally mirroring the official website of the enterprise, APP, or falsely misusing the official website of the enterprise, APP registration information or other significant elements

(4) other information that causes the public to confuse the identity of the enterprise subject.

Article 7 the website platform shall, in principle, no longer require other evidence materials for the examination of counterfeit information reports, except for the identity certificates of enterprises or entrepreneurs and reporting agents. If there are special circumstances in which it is difficult to identify according to the identity certificate, the evidentiary materials provided by the enterprise shall be allowed to include, but not limited to:

(1) query certificate for the record of the official website

(2) Certificate of holding official account number

(3) certificates of ownership issued by relevant departments

(4) the enterprise shall make an announcement to the outside world.

Article 8 the website platform shall handle the following misleading information in a timely manner:

(1) to misinterpret the original meaning of the news by adding or deleting information, changing the order, adjusting the structure, etc.

(2) overdue information corrected or revoked by relevant departments, news media, etc.

(3) to delete the time, place and result of the occurrence of the old news, and republish it.

(4) using exaggerated headlines that are seriously inconsistent with the content

(5) emphasize unfavorable facts, avoid favorable facts, and generalize them.

(6) taking past remarks made by entrepreneurs or enterprise representatives out of context

(7) one-sided interpretation of all kinds of public announcements of enterprises

(8) other information that causes misunderstanding and misreading by the public.

Article 9 in reviewing misleading information reports, the website platform shall allow enterprises to provide preliminary evidence materials including, but not limited to:

(1) Source and distribution of news articles

(2) the withdrawal letter from the source media with the qualification of news gathering and editing

(3) documents or certificates issued by relevant departments in accordance with their functions and powers

(4) Information on the functions and powers and actions publicly implemented by the relevant departments

(5) the results of the online information publicity of the relevant departments

(6) Records of enterprise historical archives

(7) the full text of the enterprise's public announcement.

Article 10 the website platform shall handle the following rumor information in a timely manner:

(1) fabricating the private life of entrepreneurs

(2) fabricating illegal or illegal production and operation of an enterprise

(3) fabricating illegal crimes or moral anomie committed by entrepreneurs or employees of enterprises

(4) exaggerating the difficulties in production and operation of enterprises or entrepreneurs

(5) distorting the normal production, operation and investment activities of enterprises or entrepreneurs

(6) slandering the product and service quality of an enterprise

(7) smearing the scientific and technological innovation capability of enterprises

(8) other information that is inconsistent with the objective actual situation of the enterprise.

Article 11 in examining rumor information reports, the website platform shall allow enterprises to provide preliminary evidence materials including, but not limited to:

(1) Information of authority to refute rumors

(2) documents or certificates issued by relevant departments in accordance with their functions and powers

(3) Information on the functions and powers and actions publicly implemented by the relevant departments

(4) the results of the online information publicity of the relevant departments

(5) Professional qualification certificates issued by relevant departments

(6) certificates issued by third-party institutions with specific qualifications

(7) National standards, industry standards and group standards

(8) the contractual agreement concluded between the parties.

Article 12 the website platform shall handle the following insulting information in a timely manner:

(1) attacking and abusing enterprises or entrepreneurs

(2) painting portraits of spoofed entrepreneurs

(3) maliciously related to pornographic and vulgar topics

(4) other information that vilifies enterprises or entrepreneurs in violation of public order and good customs.

Article 13 when reviewing insulting information reports, the website platform shall, in principle, no longer require other evidentiary materials except the identity certificates of enterprises or entrepreneurs and reporting agents.

Article 14 the website platform shall handle the following leaking information in a timely manner:

(1) illegally disclosing personal identity information such as entrepreneur ID card, passport, social security card, household registration file, etc.

(2) illegally disclosing personal contact information such as entrepreneur's home address, telephone number, e-mail address, etc.

(3) Privacy information prohibited by other laws and regulations.

Article 15 the website platform shall not require other evidentiary materials in principle except for the identity certificates of enterprises or entrepreneurs and reporting agents in the examination of leaking information reports.

Article 16 the website platform shall promptly handle the following information that maliciously interferes with the normal production and operation of the enterprise, including, but not limited to:

(1) extortion in the name of supervision by public opinion

(2) malicious negative information of the Jina enterprise

(3) publishing negative reports and comments on enterprises for the purpose of seeking illegal interests

(4) those who engage in malicious marketing by speculating hot events related to enterprises

(5) manipulating cross-platform accounts, related accounts or matrix accounts to post intensively and maliciously attack enterprises or entrepreneurs

(6) to take advantage of the convenience of releasing one's own information, as well as the advantages of technology, traffic and influence, to attack and discredit competitors.

(7) providing false and false information recommendations relating to enterprises and entrepreneurs.

Article 17 when the website platform examines the report of malicious interference with the normal production and operation information of an enterprise, the preliminary evidence materials provided by the enterprise shall be allowed to include, but not limited to:

(1) documents or certificates issued by relevant departments in accordance with their functions and powers

(2) Information on the functions and powers and actions publicly implemented by the relevant departments

(3) other supporting evidence collected by the enterprise itself.

Article 18 if a report is made maliciously, such as falsifying evidence or irrigation, the website platform may refuse to deal with it.

Article 19 the website platform shall comprehensively consider such factors as the seriousness, the frequency of release, the influence of public opinion and the degree of social harm of the infringing information on the enterprise-related network, and in accordance with the principle of combining leniency with strictness and unified standards, classify, standardize and accurately dispose of enterprise-related network infringement information reports.

Article 20 in view of the reporting of enterprise-related network infringement information with clear facts and sufficient evidence, the website platform shall take measures to delete or have the same effect.

Article 21 if the reporting reason is sufficient, but it is difficult to provide sufficient proof within a short period of time, and if the enterprise-related network infringement information is reported under the following circumstances, the website platform shall take "time-limited and private" measures:

(1) where the reported information is published at the key nodes of the production, operation and development of the enterprise

(2) where the matters involved in the reported information have been formally filed for investigation by the relevant departments

(3) other cases that may have a greater negative impact on the enterprise if they are not disposed of in a timely manner.

Article 22 if the reporting reason is sufficient, but it is difficult to provide sufficient proof within a short period of time, and the enterprise-related network infringement information is reported under the following circumstances, the website platform shall set up dispute marks or provide clarification response services:

(1) where there are disputes between the enterprise and the subject under report, such as labor, capital, contract, equity, property right, debt, consumption, etc.

(2) where the enterprise and the subject to be reported belong to stakeholders or have a competitive relationship

(3) where the enterprise has initiated judicial administrative procedures such as prosecution and reporting of cases with respect to the matters involved in the reported information

(4) where the matters involved in the reported information cannot be confirmed by the relevant departments

(5) other cases that may cause greater misunderstanding among the public if they are not dealt with in a timely manner.

Article 23 in view of the reporting of enterprise-related network infringement information with clear facts, sufficient proof and the following circumstances, the website platform shall take measures to deal with the network account in accordance with the contract:

(1) counterfeiting and counterfeiting

(2) continuously publishing infringing information related to enterprises and repeatedly punishing and committing crimes

(3) maliciously initiating or sending multiple transmissions of enterprise-related tort information

(4) maliciously collecting negative information about the enterprise or publishing negative information related to the enterprise to carry out extortion

(5) other serious circumstances.

Article 24 if the reported subject raises objections to the disposal measures, the website platform shall require the reported subject to provide relevant proof of non-infringement, and make a comprehensive judgment and disposal on the basis of the evidence of both parties.

Article 25 if the website platform accepts reports of network infringement information involving shareholders, senior executives, subsidiaries, business partners and other enterprise stakeholders, and considers it necessary to take corresponding measures, it shall report to the network information department at the provincial level for examination. Major matters shall be reported to the relevant departments and bureaus of the Central Internet Information Office for examination and approval.

Article 26 the website platform and related employees shall not abuse the right to report and dispose, strictly prohibit the implementation of illegal and illegal acts such as paid deletion of posts and human relations, and strictly prohibit the use of the right of reporting and disposal to seek illegitimate interests.

Article 27 the website platform shall establish and improve rules and regulations, strictly enforce work procedures, standardize hierarchical checks, strengthen internal supervision, and ensure that enterprise-related network infringement information reports are accepted and dealt with in accordance with the rules and regulations.

Article 28 the website platform shall set up a work account, truthfully record the whole process of reporting, accepting and handling the network infringement information related to enterprises, retain the full amount of data for not less than six months, and provide it when the network information department inquires according to law. The disposal of relevant accounts shall be submitted to the relevant departments and bureaus of the Central Internet Information Office on a regular basis.

Article 29 Internet letter reporting departments at all levels shall establish and improve the working system of combining daily inspection with special inspection, and supervise and manage the acceptance and handling of reports of enterprise-related network infringement information on the platform of territorial websites in accordance with the law.

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