TLDR; Below is the English-translated version of China’s Provisions on the Administration of Network Audio-Video Information Services (网络音视频信息服务管理规定, document 国信办通字〔2019〕3号), promulgated November 18, 2019 and in effect since January 1, 2020.
If your company provides or embeds online audio-video — or real-time voice and video — for users in mainland China, whether for live streaming, real-time communications (RTC), or speech services, these Provisions set the content-governance baseline you operate under. They require real-name verification of users (Article 8), impose content-safety duties on providers (Articles 7, 9, and 12), and mandate a security assessment before launching services that, built on new technologies such as deep learning and virtual reality, carry media attributes or the capacity for social mobilization (Article 10). Most notably, they require the conspicuous labeling of non-authentic (synthetic) audio-video produced with deep-learning or virtual-reality technologies and prohibit using such technologies to fabricate news (Article 11) — the earliest nationwide deepfake-labeling rule, later deepened by the Deep Synthesis Provisions and the Generative AI Measures. The whole regime sits under the Cybersecurity Law, to which Article 8’s real-name duty and Article 18’s penalty framework refer. Because these rules decide whether, and how, such a service may lawfully operate in China, treat them as something to confirm with qualified counsel.
Provisions on the Administration of Network Audio-Video Information Services (Issued November 18, 2019 by the Cyberspace Administration of China, the Ministry of Culture and Tourism, and the National Radio and Television Administration; effective January 1, 2020)
Article 1. These Provisions are formulated in accordance with the Cybersecurity Law of the People’s Republic of China, the Measures for the Administration of Internet Information Services, the Provisions on the Administration of Internet News Information Services, the Interim Provisions on the Administration of Internet Culture, and the Provisions on the Administration of Internet Audio-Visual Program Services, in order to promote the healthy and orderly development of network audio-video information services, protect the lawful rights and interests of citizens, legal persons, and other organizations, and safeguard national security and the public interest.
Article 2. Whoever engages in network audio-video information services within the territory of the People’s Republic of China shall comply with these Provisions.
For the purposes of these Provisions, “network audio-video information services” means services that provide the public with the production, release, and dissemination of audio-video information through network platforms such as websites and applications.
A “network audio-video information service provider” means an organization or individual that provides network audio-video information services to the public. A “network audio-video information service user” means an organization or individual that uses network audio-video information services.
Article 3. The cyberspace administration, culture and tourism, radio and television, and other departments at all levels shall carry out the supervision and administration of network audio-video information services in accordance with their respective duties.
Article 4. Network audio-video information service providers and users shall abide by the Constitution, laws, and administrative regulations, adhere to the correct political direction, guidance of public opinion, and value orientation, promote the core socialist values, and foster a positive, healthy, and uplifting online culture.
Article 5. The State encourages and guides internet industry organizations to strengthen industry self-regulation, to establish and improve industry standards and codes of conduct for network audio-video information services, to advance the building of a credit system for the network audio-video information services industry, to urge network audio-video information service providers to provide services in accordance with law and accept social supervision, to raise the professional competence of personnel engaged in network audio-video information services, and to promote the healthy and orderly development of the industry.
Article 6. A network audio-video information service provider shall, in accordance with law, obtain the relevant qualifications prescribed by laws and administrative regulations.
Article 7. A network audio-video information service provider shall implement its primary responsibility for the security management of information content, staff professional personnel commensurate with the scale of its services, and establish and improve systems for user registration, review of information before release, information security management, emergency response, education and training of personnel, protection of minors, and protection of intellectual property, among others. It shall have secure and controllable technical safeguards and preventive measures commensurate with the development of new technologies and applications, effectively respond to cybersecurity incidents, guard against unlawful and criminal activities on the network, and maintain the integrity, security, and availability of network data.
Article 8. A network audio-video information service provider shall, in accordance with the provisions of the Cybersecurity Law of the People’s Republic of China, carry out authentication of users’ true-identity information based on means such as the organization code, identity document number, or mobile telephone number. Where a user does not provide true-identity information, the network audio-video information service provider shall not provide information-release services to that user.
Article 9. No organization or individual may use network audio-video information services or related information technologies to engage in activities prohibited by laws and regulations, such as endangering national security, undermining social stability, disrupting social order, or infringing upon the lawful rights and interests of others; and may not produce, release, or disseminate information content prohibited by laws and regulations, such as content that incites subversion of state power, endangers political security and social stability, constitutes online rumors or obscenity and pornography, or infringes upon others’ rights to reputation, likeness, or privacy, their intellectual property rights, or other lawful rights and interests.
Article 10. Where a network audio-video information service provider, based on new technologies and applications such as deep learning and virtual reality, launches an audio-video information service that has media attributes or the capacity for social mobilization, or adjusts or adds relevant functions, it shall carry out a security assessment in accordance with the relevant provisions of the State.
Article 11. Where a network audio-video information service provider or a network audio-video information service user uses new technologies and applications based on deep learning, virtual reality, and the like to produce, release, or disseminate non-authentic (synthetic) audio-video information, it shall label such information in a conspicuous manner.
A network audio-video information service provider and a network audio-video information service user shall not use new technologies and applications based on deep learning, virtual reality, and the like to produce, release, or disseminate false news information. Where audio-video news information is reposted, the audio-video news information released by entities within the scope prescribed by the State shall be reposted in accordance with law.
Article 12. A network audio-video information service provider shall strengthen its management of the audio-video information released by network audio-video information service users, and shall deploy and apply technologies for identifying unlawful and non-compliant audio-video and non-authentic (synthetic) audio-video. Where it discovers that an audio-video information service user has produced, released, or disseminated information content prohibited by laws and regulations, it shall, in accordance with law and the agreement, stop transmitting such information, take disposal measures such as removal to prevent the spread of the information, preserve the relevant records, and report to the cyberspace administration, culture and tourism, radio and television, and other departments.
Where a network audio-video information service provider discovers information content that does not meet the requirements of the first paragraph of Article 11 of these Provisions, it shall immediately stop transmitting such information, and may continue to transmit such information only after labeling it in a conspicuous manner.
Article 13. A network audio-video information service provider shall establish and improve a rumor-refutation mechanism. Where it discovers that a network audio-video information service user has used false-image or audio-video generation technologies based on deep learning, virtual reality, and the like to produce, release, or disseminate rumors, it shall promptly take corresponding rumor-refutation measures and file the relevant information with the cyberspace administration, culture and tourism, radio and television, and other departments for the record.
Article 14. In the service agreement it signs with a network audio-video information service user, a network audio-video information service provider shall specify the rights and obligations of both parties and require the network audio-video information service user to comply with these Provisions and the relevant laws and regulations. With respect to a network audio-video information service user who violates these Provisions, the relevant laws and regulations, or the service agreement, the provider shall, in accordance with law and the agreement, take disposal measures such as issuing a warning and ordering rectification, restricting functions, suspending updates, or closing the account, preserve the relevant records, and report to the cyberspace administration, culture and tourism, radio and television, and other departments.
Article 15. A network audio-video information service provider shall consciously accept social supervision, set up convenient portals for complaints and reports, make public information such as the means for making complaints and reports, and promptly accept and handle complaints and reports from the public.
Article 16. An entity that provides technical support for network audio-video information services shall comply with the provisions of the relevant laws and regulations and with national standards and norms, and shall take technical measures and other necessary measures to ensure network security and stable operation.
Article 17. The cyberspace administration, culture and tourism, radio and television, and other departments at all levels shall establish a supervision and administration system that combines routine supervision and inspection with periodic inspection, and shall guide and urge network audio-video information service providers to regulate their network audio-video information service conduct in accordance with laws and regulations and service agreements.
A network audio-video information service provider shall comply with the provisions of the relevant laws and regulations, retain network logs in accordance with law, cooperate with the cyberspace administration, culture and tourism, radio and television, and other departments in carrying out supervision, administration, and law-enforcement work, and provide the necessary technical and data support and assistance.
Article 18. Where a network audio-video information service provider or a network audio-video information service user violates these Provisions, the cyberspace administration, culture and tourism, radio and television, and other departments shall handle the matter in accordance with the Cybersecurity Law of the People’s Republic of China, the Measures for the Administration of Internet Information Services, the Provisions on the Administration of Internet News Information Services, the Interim Provisions on the Administration of Internet Culture, the Provisions on the Administration of Internet Audio-Visual Program Services, and other relevant laws and regulations; where the violation constitutes an act in violation of public security administration, a public security administration penalty shall be imposed in accordance with law; where it constitutes a crime, criminal liability shall be pursued in accordance with law.
Article 19. These Provisions shall take effect on January 1, 2020.
Primary source: 《网络音视频信息服务管理规定》(国信办通字〔2019〕3号), issued jointly by the Cyberspace Administration of China, the Ministry of Culture and Tourism, and the National Radio and Television Administration, full text published by the Cyberspace Administration of China: cac.gov.cn.
This translation is ours and is provided for orientation only. Where the English and the Chinese differ, the Chinese governs. This page is not legal advice; confirm your position with qualified counsel.