China's New Regulations on Internet Information Enforcement: Key Provisions and Implementation

China's National Internet Information Office has recently announced the 'Administrative Enforcement Procedures for Internet Information Departments', which will come into effect on June 1, 2023. The regulations provide guidelines for the administrative jurisdiction, designated jurisdiction, and transfer of jurisdiction of internet information departments. It also clarifies the principle of 'one case, one penalty'.

The regulations standardize the administrative enforcement procedures of internet information departments, including the requirements for case registration, investigation and evidence collection, review, decision-making, delivery, and execution. It also establishes a system for avoiding conflicts of interest, holding hearings, and protecting the rights of parties involved. Additionally, it specifies the scope, institutions, and personnel responsible for legal review procedures. The regulations require the collective discussion and decision-making of major penalty cases by leaders of internet information departments. It also sets specific time limits for handling administrative penalty cases and outlines the circumstances for closing cases.

The regulations further outline the execution and supervision of administrative penalties, including the right of parties involved to make statements and defend themselves, and the right to apply for administrative reconsideration or bring administrative litigation. The National Internet Information Office will establish a supervisory system for administrative law enforcement in the system, with higher-level internet information departments supervising lower-level departments. Internet information departments should also actively accept social supervision, and citizens, legal persons, or other organizations have the right to appeal or report any errors in the implementation of administrative penalties.