Public Pledge of Self-Regulation and Professional Ethics for China Internet Industry
Chapter I General
Article 1 This pledge is made in accordance with the basic principle of "to develop vigorously, improve administration， go for its benefits while steering clear of its undesirables and use it to our benefit. in order to establish a self-regulating mechanism for China's Internet Industry, improve the conduct of Internet Industry Participants and promote and ensure the sound development of the Internet Industry consistent with the law.
Article 2 The term "Internet Industry" as used herein refers to all the activities related to Internet businesses including operation, application, information, development and production of network products and information resources, scientific research, education and customer services.
Article 3 The basic principles of Self-regulation and Professional Ethics for Internet the Industry are being patriotic observance of law, equitableness, trustworthiness and honesty. .
Article 4 All Participants are called upon to accede to and actively implement this Pledge on Self-regulation and Professional Ethics and create a favorable environment for the development of Internet businesses consistent with the fundamental interests of the nation and the entire Internet Community.
Article 5 The Internet Society of China, is the self-enforcement agency for purposes of this Pledge, and shall be responsible for its implementation.
Chapter II Provisions of Self-Regulation and Professional Ethical Conduct
Article 6 We pledge that in promoting the development of professional ethics of the Internet sector, the state laws, regulations and policies governing the development and administration of the Internet shall be observed consistent with and to carry forward the rich cultural tradition of the Chinese nation and the moral code of socialist spiritual civilization.
Article 7 We pledge to encourage lawful, equitable and orderly competition and we pledge to oppose unfair competitive practices.
Article 8 We pledge to respect the lawful rights and interests of consumers and we shall protect the confidentiality of their information. We pledge not to use the information provided by users for any activity other than those as promised to users, and no technology or any other advantage may be used to infringe upon the lawful rights and interests of the consumers or users.
Article 9 We Internet information service providers pledge to abide by the state regulations on Internet information service management conscientiously and shall fulfill the following disciplinary obligations in respect of Internet information service:
1. Refraining from producing, posting or disseminating pernicious information that may jeopardize state security and disrupt social stability, contravene laws and regulations and spread superstition and obscenity. Monitor the information publicized by users on websites according to law and remove the harmful information promptly;
2. Refraining from establishing links to the websites that contain harmful information so as to ensure that the content of the network information is lawful and healthy;
3. Observing laws and regulations concerning intellectual property rights in the course of producing, posting and propagating information on Internet;
4. Encouraging people to use the Internet in an ethical way, to enhance the Internet ethical sense and reject the spread of harmful information on the Internet.
5. If the Internet service provider discovers information which is inconsistent with the law on its website, it will remove it.
Article 10 We Internet access service providers pledge to inspect and monitor information on domestic and foreign websites when it provides access to those sites and refuse access to those websites that disseminate harmful information.
Article 11 We Operators of Internet access venues pledge to use our best efforts to take effective measures to create a healthy and civilized environment for Internet usage and to assist the users, especially the teenagers to use the Internet in a healthy manner.
Article 12 We Producers of Internet information and network products pledge to l respect the intellectual property rights of others and to refrain from producing products that contain harmful information or infringe upon the intellectual property right of others.
Article 13 All the Participants who sign this Pledge to work together to prevent malicious "hacking" and introducing damaging computer code and disruptive programs from spreading on the Internet. We pledge to oppose production and dissemination of computer programs that are capable of malicious attack against computer networks and the computer information systems of others and oppose illegal intrusion into and damaging computer information systems of others.
Article 14 We pledge to use our best efforts to strengthen communication and collaboration, study and formulate strategies for the development of Internet businesses in China and to encourage policy and legislative recommendations for the establishment, development and management of Internet businesses.
Article 15 We pledge to support and encourage effective measures to collaborate in areas such as research, production and service in the Internet Industry and to create a favorable environment for Internet development.
Article 16 We pledge to encourage enterprises, research, education and other institutions as well as individuals to develop computer software, hardware and various network products and to protect self-owned intellectual property rights as well as to encourage "open source development" so as to provide strong support to the further development of China's Internet industry.
Article 17 We pledge to actively participate in international cooperation and exchanges, involving in the development of international rules and standards for the Internet Industry and to observe the international rules to which China has acceded.
Article 18 We pledge to l accept supervision and criticism over the Internet Industry from the public and to jointly resist and correct unethical practices in the Internet Industry.
Chapter III Implementation of the Pledge
Article 19 The Internet Society of China shall be responsible for organizing the implementation and administering this Pledge, communicating to the member organizations the information related to Internet laws, policies and industry self-regulation, reporting to the competent authority of the government the wishes and requirements of our members, upholding their lawful interests, organizing the implementation of Internet Industry self-regulation and ethical conduct and supervise and inspect the implementation of this Pledge by our members.
Article 20 We pledge to abide by and comply with the various self-self regulation and ethical principles embodied in this Pledge.
Article 21 In the event that dispute arises among the parties to this Pledge, they shall try to seek solutions to the dispute through consultation according to the principle of mutual understanding and compromise, or they may refer the dispute to the administering agency for mediation, with the purpose of safeguarding the industrial unity and the overall interests of the entire industry and the Internet Community
Article 22 If any party to this Pledge violates the provisions of this Pledge, any other party may report the violations to the administrating agency promptly and may require the administering agency investigate. The administering agency may also conduct investigations directly and shall make public the findings of such investigations to all the member organizations.
Article 23 Where violations of this Pledge are found to be true by the administering agency and to have a negative impact then the administering agency will l announce its findings to the member organizations. In addition the administering agency may revoke the Participant's membership, in light of specific circumstances.
Article 24 All the parties to this Pledge may monitor the fairness and impartiality of the administering agency in implementing this Pledge and may report violations of this Pledge by the agency or its staff to a higher-level department of the agency.
Article 25 The administering agency and its member organizations must abide by state laws and regulations in the course of implementing this Pledge.
Chapter IV Supplementary provisions
Article 26 This Pledge shall become effective after being signed by the legal persons or the representatives of the first group member organizations and each signor shall be made public by Internet Society of China within 30 days after the member's pledge becomes effective. e.
Article 27 In the effective period, this Pledge can be amended only when such amendments are proposed by the administering agency or one tenth or above of the member organizations and supported by two thirds or above of the member organizations.
Article 28 The Internet Industry Participants of China that accept the self-regulation and Code of Professional and Ethical conduct and the related disciplinary rules can apply for accession to this Pledge; the parties to this Pledge may also secede from this Pledge and shall notify the administering agency of such accordingly; and the executing agency shall publish the list of the members that accede to or secede from this Pledge on periodic basis.
Article 29 The member organizations of this Pledge may reach self-regulation and ethical conduct agreements specific to different segments of the Internet industry under the general framework of this Pledge and may publish for implementation such agreements as attachments to this Pledge with the agreement of its member organizations.
Article 30 The right of interpretation of this Pledge lies with Internet Society of China.
Article 31 This Pledge shall be implemented as of the date of its promulgation.
(Published on 26th March, 2002)