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Ministry of Industry and Information Technology: It is not allowed to send it to it without the consent of the user

2025-02-06 06:19:41|Myriagame |source：minecraft skins

According to the website of the Ministry of Industry and Information Technology, on May 19, 2015, the Ministry of Industry and Information Technology announced the "Regulations on the Management of Communication SMS Services" (Order No. 31, hereinafter referred to as the "Regulations").In order to better understand and implement the "Regulations", the person in charge of the Policy and Regulations Department of the Ministry of Industry and Information Technology interpreted the Regulations.

The person in charge said that the "Regulations" strengthened business SMS management measures.The "Regulations" stipulates that SMS service providers and SMS content providers shall not send them commercial short information without user consent or request; if users agree to accept commercial SMSInformation types, frequency, and duration of information; ports used to send business management and service information, shall not be used to send commercial short information; send commercial short information, and should provide convenient and effective rejection methods;Provisions shall establish a SMS management system and warning monitoring mechanism.

Question: In what kind of background of the "Regulations"?

Answer: SMS service is a service widely used by users, which is related to the interests of the masses.In recent years, my country's SMS service market has developed rapidly. In 2014, the national mobile SMS business volume exceeded 763 billion.At the same time, some service providers still have irregular operations, and the phenomenon of spam is prominent, which has received widespread attention from the society.

In 2012, the Standing Committee of the National People's Congress "Decision on Strengthening the Protection of Network Information" (hereinafter referred to as "Decision") clearly stipulates that without the consent of the receiver or request, it is not allowed to send commercial electronic information to it with a fixed telephone or mobile phone.The "Decision" provides a basic legal basis for governing spam messages.However, for specific issues such as the way users refuse to receive short information, the obligations of SMS service providers, management measures, and legal responsibility, they still lack clear regulations, and spam SMS governance also faces difficulties such as lack of legal basis.Formulate the "Regulations", refine the obligations of SMS service providers, and clarify the management system and punishment measures of commercial SMS. It is the actual needs of effectively governing spam messages.Requirements for the healthy development of the SMS service market.

Q: What is the process of "Regulations"?

Answer: In early 2013, the Ministry of Industry and Information Technology launched the "Regulations" to draft.In the process of drafting, we mainly carried out the following work: First, we studied the system of commercial short information and public welfare SMS management.The second is to conduct legislative investigations in Jiangxi, Fujian and other places, and listen to the opinions of the local communication administration and relevant telecommunications companies.The third is to carry out legislative coordination with relevant departments, and the opinions of relevant parties have formed the "Regulations (Draft for Opinions)".Fourth, the opinions of the local communication administration bureau, basic telecommunications enterprises, Internet enterprises, and resale companies are solicited, and some enterprises are organized to conduct discussions and discussions.Fifth, the opinions of the Ministry of Public Security, the General Administration of Industry and Commerce, the Internet Information Office, the Earthquake Administration, the Meteorological Bureau, and the State Council Emergency Office of the State Council are solicited in writing, and they are modified and improved according to feedback.Sixth, public opinions are publicly solicited to the society through the "China Government Legal Information Network" and the industry and information departments.After soliciting opinions, all aspects of the society have given positive affirmation of the formulation of the "Regulations", and there are no principles different opinions.On the basis of the above work, we studied the "Regulations (Draft)".

On May 6, the 14th Ministry of Industry and Information Technology's 14th Ministry of Affairs was considered and approved by the "Regulations"; on May 19, Minister Miao Wei issued the Ministry of Industry and Information Technology Dollar No. 31 and announced the "Regulations".

Question: What are the main contents of the "Regulations"?

Answer: The "Regulations" mainly specify the following content:

(1) Scope of application.The "Regulations" applies to the behavior of providing and using SMS services in China.At the same time, in order to meet the needs of the rapid development of the Internet, the "Provisions" "Attachment" stipulates that "the use of the Internet provides text, data, sound, images and other information delivery categories with communication end users such as fixed telephones and mobile phones.Services, refer to these regulations. "

(2) SMS service specifications.The "Regulations" requires SMS service providers to comply with the following SMS service specifications: If you operate SMS services, you should obtain a telecommunications business business license; if the SMS service needs to charge users, the billing fee shall be guaranteed to comply with relevant laws and regulations and telecommunications standards;SMS service providers shall record information such as SMS and receiving time, user subscription, and withdrawal. SMS not to publish and spread the content of the content containing the content prohibited by laws and regulations.At the same time, the "Regulations" made corresponding regulations on sending public welfare SMS.

(3) Business SMS management.In order to implement the "Decision" of the Standing Committee of the National People's Congress, the "Regulations" strengthened business SMS management measures.The "Regulations" stipulates that SMS service providers and SMS content providers shall not send them commercial short information without user consent or request; if users agree to accept commercial SMSInformation types, frequency, and duration of information; ports used to send business management and service information, shall not be used to send commercial short information; send commercial short information, and should provide convenient and effective rejection methods;Provisions shall establish a SMS management system and warning monitoring mechanism.(4) User complaints and reporting systems.The "Regulations" established the system of commissioning 12321 network and spam report acceptance centers to accept SMS service reports.At the same time, the user's complaints and report processing procedures for commercial SMS invasion and illegal information, and the disposal procedures for illegal information about illegal information are made.

(5) Supervision and inspection system.The "Regulations" clarify the power, obligations of telecommunications management agencies to supervise and inspect the SMS service activities, and the cooperation obligations of SMS service providers.At the same time, the SMS service provider has established a system of illegal behavior records of illegal behavior and supervision and conversation of its person in charge.

In addition, the "Regulations" also set corresponding legal liabilities for the illegal acts of SMS service providers, SMS content providers, telecommunications management agencies and reporting acceptance centers.

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