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Copyright Law of the People's Republic of China (2020 Amendment)

3rd Amendment to Copyright Law | Effective June 1st 2021
The Standing Committee of the National People’s Congress has passed the amendments to the Copyright Law (the Amendments), which will take effect on 1 June 2021. The first comprehensive amendment took place in 2001, and in 2010 it was amended again in response to a WTO decision resolving a U.S. complaint. Since the first amendment, the 2020 Amendments are the most comprehensive and substantial amendments in the past two decades. In addition to some cosmetic changes, the Amendments will strengthen the protection for the copyright owners in regards to the scope of copyrightable work, redefined fair use exceptions, authorization of technical protection measures, and heightened damage provisions. See the full clauses below: Chapter I: General Provisions Article 1: This law is formulated in accordance with the Constitution...

Provisions on the Governance of the Online Information Content Ecosystem

Order of the Cyberspace Administration of China (No. 5)
The Provisions on Ecological Governance of Network Information Content, as deliberated and adopted at the executive meeting of the Cyberspace Administration of China, are hereby issued and shall come into force on March 1, 2020. Director: Zhuang Rongwen December 15, 2019 Chapter I General Provisions Article 1 These Provisions are hereby developed in accordance with the State Security Law of the People's Republic of China, the Cybersecurity Law of the People's Republic of China, the Measures for the Administration of Internet Information Services and other laws and administrative regulations for the purposes of creating a good network ecology, protecting the legitimate rights and interests of citizens, legal persons and other organizations, and safeguarding national security and public interests. Article 2 These...

Forbidden Feeds: Government Controls on Social Media in China

Detailed 2018 review of Chinese developments including intermediary liability laws
This well-researched and annotated report includes thorough discussion of recent developments affecting online speech via social media in China. A section on applicable law discusses the consolidation of agencies exercising authority over online speech and the passage of several laws or regulations increasing the responsibility of Internet intermediaries. In addition to the 2017 Cybersecurity law, these include: Chinese Internet News Information Service Management Regulations, effectively prohibiting news and political reporting outside of official channels. Internet Forum Community Service Management Regulations, requiring platforms to verify real identity of users, Internet Thread Comments Service Management Regulations, requiring platforms to establish "credit rating" systems for users, and ultimately ban poorly...

Provisions for the Administration of Internet News Information Service 2017

Revision of the Provisions for the Administration of Internet News Information Services 2005
Chapter I: General Provisions Article 1: In order to strengthen Internet information content management and stimulate the healthy and orderly development of Internet news information services, on the basis of the “Cybersecurity Law of the People’s Republic of China”, the “ Administrative Measures of Internet Information Services”, and the “Notice of the State Council on Charging the Cyberspace Administration of China with the Content Management of Information on the Internet”, these Regulations are formulated. Article 2: These Regulations apply to the provision of Internet news information services within the territory of the People’s Republic of China News information as mentioned in these Regulations includes reporting and comments on politics, economic, military matters, foreign affairs and other such social public...
Self-Regulation/Voluntary Agreement/Code of Conduct

Standards for Assessment of Internet Enterprises' Protection of Personal Information, March 15, 2014

These industrial standards define ISPs into three categories: original service/connection provider, information provider and processor, and third party intermediaries who do not link to users' personal information directly. These standards preliminarily put obligations on ISPs when collecting, processing, using, storaging, and transmitting users' personal information such as name, address, date of birth, etc.
Court Decision

No. 2 Intermediate People's Court of Beijing Municipality, Shanghai Push Sound Music & Entertainment Co., Ltd. v. Beijing FashioNow Co. Ltd., (2005) Er Zhong Min Chu Zi No. 13739, December 19, 2006

Holding that the Defendants, developers, and operators of the P2P website and client software “Kuro” liable under Article 130 of the General Principles of the Civil Law, in contributory infringement for intentionally providing assistance to the website users who shared and infringed the copyright holder’s right in its recordings. The Court placed a heavy emphasis on the right compilation and integration between the P2P client software and the system of selection, classification and categorization of the users’ shared recordings which the defendants operated on their website.