Strong Basis for Regulatory Enforcement
On May 2, 2017, the Cyberspace Administration of China successively published on its official website the Measures for Security Review of Network Products and Services (Tentative) (the “Review Measures”), the Provisions on the Administration of Internet News Information Services (the “Administrative Provisions”) and the Procedural Regulations for Administrative Law Enforcement Concerning Internet Information Content Management (the “Procedural Regulations”). While the Administrative Provisions were more like an amendment of those in 2005, the Procedural Regulations are indeed the first departmental regulations on procedural issues within the framework of the Cybersecurity Law. While the Review Measures establish a framework, the Procedural Regulations set out “unified, comprehensive, specific and updated” rules in accordance with the fundamental principles of theAdministrative Penalty Law. They provide a strong legal basis for the future supervision of the management of internet information content and the enforcement of that supervision. This article focuses on the main features and content of the procedural regulations.