The “Administrative Provisions on Internet Pop-up Window Information Push Services” have come into effect on September 30, 2022
Recently, the “Administrative Provisions on Internet Pop-up Window Information Push Services ” (hereinafter referred to as the “Provisions”) is jointly released by the Cyberspace Administration of China, Ministry of Industry and Information Technology. The “Provisions” have stipulated clauses regarding the Pop-up Window Information, especially those pop-up advertisements pushed based on the algorithm. The “Provisions” have taken effect from September 30, 2022, and its main contents are as follows:
- To require relevant enterprises to establish relevant management mechanisms
According to Article 2 and 4 of the “Provisions”, if an enterprise provides information push services in the form of pop-up message windows through operating systems, application software, websites, etc., it shall establish management systems for censoring of information content, ecological governance, data security and personal information protection, and protection of minors.
- The specific requirements of the pop-up information
Article 5 of the “Provisions” have listed 9 specific requirements of the pop-up information as follows:
(I) It is not allowed to push illegal and unhealthy information as provided in the Rules on the Ecological Governance of Information Contents Online, especially the malicious speculation of entertainment gossip, gossip, gossip and privacy, extravagance flaunting, ugliness and other content in violation of public order and good morals, nor it is allowed to push relevant old news in a concentrated manner in connection with a certain topic for the purpose of malicious speculation;
(II) It is not allowed to push news information through a pop-up window if no Internet-based news information service license has been obtained; If the information to be pushed through a pop-up window is related to other Internet-based information services, which shall be reviewed and approved by the relevant competent authority or be subject to the relevant license according to the law, such approval or the relevant license shall be obtained;
(III) For news information to be pushed through a pop-up window, it shall be in strict accordance with the List of Internet News Contribution Source Entities issued by the Cybersecurity Administration of China, and it is not allowed to reproduce any news information beyond the scope, or distort or tamper with the original meaning of the headline or the content of the news information, so as to ensure that the source of the news information is traceable;
(IV) It is imperative to enhance the diversity of information to be pushed through pop-up windows, scientifically set the proportion of news information and contents in the vertical fields, and reflect positive, healthy and upward mainstream values; it is not allowed to push or hype hot or sensitive events, malignant cases, disasters and accidents, etc. in a centralized manner to cause social panic;
(V) It is imperative to improve upon management regulations on contents to be pushed through pop-up windows, perfect workflow for information screening, editing, and pushing, etc. and have censoring force in line with the service scale to strengthen the censoring of contents to be pushed through pop-up windows;
(VI) It is imperative to safeguard users’ rights and interests, clearly inform users of the specific form, content frequency and channels for cancellation of pop-up information push services in the service agreement or otherwise, take into full account the user experience, and scientifically plan the frequency of push; it is not allowed to carry out unreasonable different push services for ordinary users and member users, or interfere or affect users to close pop-up windows in any form; and the pop-up information shall indicate the identity of the pop-up information push service provider conspicuously;
(VII) It is not allowed to set up algorithmic models that induce users to become addicted to, engage in excessive consumption, or otherwise violate laws, regulations, or ethics; it is not allowed to make use of algorithms to maliciously shield information, make excessive recommendations, or commit other acts too; meanwhile, it is not allowed to make use of algorithms to paint portraits of minor users and push information that may affect their physical and mental health;
(VIII) The advertisement information pushed through pop-up windows shall be identifiable and marked with the word “advertisement” and the close sign to ensure that the such advertisement can be closed with one click; and
(IX) It is not allowed to present such information as third-party links and QR codes leading and redirecting malicious traffic by way of pop-up information push services, or induce users to click through such services to falsify or hijack traffic.