SCIO press conference on white paper 'China's Law-Based Cyberspace Governance in the New Era'
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E-mail China.org.cn, March 31, 2023
Thecover.cn:
Over the past decade in the new era, China has advanced the rule of law and improved legislation related to emerging sectors such as the internet. What progress has been made in law formulation, and what role has it played? Thank you.
Yue Zhongming:
Thank you for your question about the legislation of cyber laws. Since the 18th CPC National Congress, the National People's Congress and its Standing Committee have implemented decisions and plans of the CPC Central Committee on building China's cyberspace strength and making China a digital country. We have advanced legislation of cyber laws, continued to optimize relevant laws, systems, and regulations, and formed a complete system of cyber laws. Remarkable achievements have been attained in cyber legislation providing legal guarantees for sustainable and healthy internet development. In the past decade, we have promulgated five laws in this field.
First, the Cybersecurity Law was enacted in 2016. It has implemented the real-name system for internet users, established systems and measures for ensuring the security of online products and services, network operation and key information infrastructure, and safeguarded online information security.
Second, the Electronic Commerce Law was promulgated in 2018. It has provided a full set of regulations on e-commerce operation, with clear provisions on the responsibilities of e-commerce platform operators and business owners on these platforms. It has maintained fair market competition and strengthened the protection of consumer rights and interests, as well as intellectual property rights.
Third, the Data Security Law was formulated in 2021. In response to the risks and hidden dangers in data security, it has established mechanisms for categorized and classified data protection, risk monitoring and early warning, emergency response, and data security review. At the same time, it has facilitated data security and development, promoted the security and openness of government data, strengthened China's capacity for ensuring data security, and advanced the rational and effective use of data in accordance with the law.
Fourth, the Personal Information Protection Law was enacted in 2021. Focusing on the concerns of the people, it has further defined and refined principles on protecting personal information and rules on the processing of personal information, and specified the rights and obligations for processing personal information. It has improved the mechanism for protecting personal information and safeguarded citizens' rights and interests in personal information.
Fifth, the Law on Combating Telecom and Online Fraud was promulgated in 2022. It has built a comprehensive governance system for the telecommunications, finance and internet sectors and was specifically created to fight telecom and online fraud. Focusing on this specific area, the law has provided strong legal support for preventing, curbing and punishing telecom and online fraud.
Apart from these five specific laws, the NPC Standing Committee has continued to amend traditional laws and regulations to cover the internet area. Over the years, a series of laws has been revised, including the Law on the Protection of Consumer Rights and Interests, the Law on Food Safety, the Law on Advertisement, the Law on the Protection of Minors, the Law Against Unfair Competition, the Anti-Monopoly Law and others. Through the revisions, relevant institutions and regulations have been improved with regards to the protection of consumer rights and interests in online transactions, food safety responsibilities of internet platforms, internet advertisements, the protection of minors in cyberspace, and unfair competition and monopoly on the internet. Meanwhile, the Civil Code and the Amendment to the Criminal Law have been formulated, outlining specific stipulations concerning the protection of civil rights and combating online criminal activities in new internet business forms. Thank you.
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