November 2022
Joyce Wen and Teresa Huang
Cyberspace Administration of China, Ministry of Industry and Information Technology and State Administration for Market Regulation jointly issued the Provisions on the Administration of Internet Pop-up Information Push Services (hereinafter referred to as the “Provisions”), which came into effect on September 30, 2022. The Provisions aim to solve the problem of using pop-up windows to illegally push news information, advertisements that cannot be closed with one click, malicious hype about entertainment gossip, etc., to regulate the management of pop-up information push services.
The Provisions clarify the definition of “Internet pop-up information push services” as the information push services provided to Internet users in the form of pop-up message windows through operating systems, application software, websites, etc. According to the definition, pop-up push services do not only refer to traditional computer and cell phone terminals, but also include network television, food takeaway cabinets, express cabinets, etc. that meet the scope of the above definition.
The Provisions stipulate that Internet pop-up information push service providers shall implement the main responsibility for information content management, and establish and improve management systems such as information content review, ecological governance, data security and personal information protection, and protection of minors.
In addition, the Provisions clarify the specific requirements on Internet pop-up information service providers. Those who provide Internet pop-up information push services shall not push illegal and bad information as stipulated in the Provisions on the Ecological Governance of Network Information Content; shall not induce users to click through the pop-up information push services; shall protect the rights and interests of users, fully consider the user experience, scientifically plan the push frequency, shall not unreasonably conduct differential actions against ordinary users and member users, and shall not interfere or influence the user to close the pop-up window in any form, with the pop-up information clearly indicating the identity of the pop-up window information push service provider; shall ensure that pop-up advertisements are identifiable, and may be closed with one click; and shall not present information that maliciously divert traffic to them, such as third-party links, QR codes, etc. by means of pop-up information push.
It is recommended that companies managing terminal systems carefully study the Provisions to ensure compliance with legal requirements.
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