China proposes draft anti-cyberbullying law for public consultation

China's top internet regulator released a draft anti-cyberbullying law on Wednesday for public consultation, marking a significant step in the country's efforts to improve the online environment and protect the rights of individuals and organizations in cyberspace.

The 60-article draft, available on the Cyberspace Administration of China's website, is open for public feedback until Aug 28. The regulator has provided its office address and email for suggestions and comments.

According to the administration, the proposed legislation aims to prevent, deter, and penalize cyberbullying, strengthen the protection of lawful rights and interests of individuals and organizations, and safeguard national security and the public interest.

In recent years, China has prioritized the governance of its online ecosystem, reducing disorder and fostering a generally healthy digital environment. However, cyberbullying cases have persisted, disrupting the order of cyberspace and harming the online business climate, underscoring the need for dedicated high-level legislation to provide a solid legal foundation for tackling the problem.

The draft defines cyberbullying as concentrated or sustained online acts that infringe on lawful rights, including reputation, honor, privacy, portrait rights, and personal information. Such acts include the mass distribution of insults, rumors, hate speech, divisive content, threats, and discriminatory remarks. The unlawful disclosure of personal information, as well as persistent online intimidation and harassment, also fall under this definition.

The draft outlines the responsibilities of internet platforms, government regulators, and judicial authorities in addressing cyberbullying, aiming to forge a coordinated response. Under the draft, internet platforms are required to implement mechanisms for user registration, account management, privacy protection, content review, monitoring and early warning, incident handling, and complaint reporting.

The cyberspace regulator, along with authorities in education, public security, telecommunications, civil affairs, culture and tourism, health, and broadcasting, is tasked with establishing a governance framework that adopts a tiered approach to dealing with cyberbullying. The classification would be based on the type of offense, the number of participants, the scope of impact, and the severity of harm caused.

The draft also prohibits any organization or individual from providing technical support — such as internet access, server hosting, data storage, and communications transmission — or services including traffic, funding, advertising, and payment if they know that cyberbullying activities are being carried out. Additionally, it forbids the sale or provision of personal information, as well as the sale, rental, or lending of phone cards, internet of things cards, and online accounts under the same circumstances.