ChinaRegulation on the Protection of the Right to Network Dissemination of Information, linking safe harbour and notice-and-takedown (Arts. 14-17, 23)
Regulation on the Protection of the Right to Network Dissemination of Information State Council Order No. 468 (2006), as amended 2013, Arts. 14-17, 23
In force since .
A linking and framing rule binding public and private bodies.
- Instrument type
- a regulation made under an act
What it requires
- Applies if you are a network service provider that offers a search or link service.
- Disconnect the link to an allegedly infringing work on receiving the rights holder's written notice, and you keep a safe harbour from damages liability; you lose it and bear joint infringement liability if you knew or should have known that the linked work was infringing.
- Act on a notice immediately and forward it to the party that supplied the material; a valid notice names the rights holder, identifies the work and its network address, and includes preliminary proof of infringement.
- Expect the party that supplied the material to be able to submit a written counter-statement to have the material or link restored, after which the rights holder may not issue a further notice over the same material.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
What this law does
Article 23 gives a network service provider that offers a search or link service a safe harbour from damages liability once, on receiving a rights holder's written notice, it disconnects the link to the allegedly infringing work, unless it knew or should have known that the linked work was infringing, in which case it bears joint infringement liability.
That safe harbour runs through the same notice-and-counter-notice mechanism the Regulation gives a hosting provider under Article 22: Article 14 requires a rights holder's takedown notice to name the rights holder, identify the work and its network address, and include preliminary proof of infringement; Article 15 requires the provider to act on it immediately, forwarding the notice to the party that supplied the material; and Articles 16-17 let that party submit a written counter-statement to have the material or link restored, after which the rights holder may not issue a further notice over the same material.
The Regulation was promulgated by State Council Order No. 468 on and amended by a State Council decision dated ; the currently effective text's own commencement article states an effective date of . No reported Chinese decision applies Article 23 specifically to a news aggregator's display of links to third-party journalism, as opposed to file-hosting or search-engine link cases generally.
When LexLint raises it
When your app profile says your app reuses other publishers' content.
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