[Opinion] China's New Cybersecurity Law Sets Rules, Clarifies Responsibilities for Cyberspace Governance
DATE:  2 hours ago
/ SOURCE:  Yicai
[Opinion] China's New Cybersecurity Law Sets Rules, Clarifies Responsibilities for Cyberspace Governance [Opinion] China's New Cybersecurity Law Sets Rules, Clarifies Responsibilities for Cyberspace Governance

(Yicai) Jan. 16 -- Cyberspace governance directly relates to national security and development and the vital interests of the people. Cultivating a healthy online ecosystem hinges on building a multi-stakeholder collaborative governance framework, with China's new Cybersecurity Law providing robust legal support for its implementation, helping to foster a clean and positive online space.

The newly revised Cybersecurity Law, which officially took effect on Jan. 1, breaks from the traditional "one-size-fits-all" responsibility framework by establishing a system of "common basic obligations + differentiated unique obligations" based on the business attributes, technical capabilities, and risk levels of network operators, achieving precise alignment between responsibilities and capabilities.

According to the new Cybersecurity Law, critical information infrastructure operators must undertake the highest level of security obligations by implementing classified protection, risk assessment, and other measures. In the event of cybersecurity incidents, they must promptly and accurately report to relevant authorities while actively cooperating with investigations and handling by the government.

Basic network service operators focus on ensuring communication stability and source-level supervision, strictly enforcing real-name registration.

Network platform service operators must conduct content review, ensure algorithm compliance, and safeguard user rights.

General network operators must set up strong security defenses and compliant operations, develop practical internal security management systems, deploy technical measures to prevent cyberattacks and computer viruses, and promptly take remedial measures for security vulnerabilities.

As a cyberspace ecosystem composed of diverse stakeholders, its healthy operation depends on building a multi-stakeholder collaborative governance framework characterized by "government supervision, corporate self-discipline, and public participation," enabling self-regulation, optimization, and dynamic evolution of cyberspace.

At the government level, it is essential to strengthen top-level coordination and inter-departmental collaboration to form supervisory synergy. This involves regulatory coordination in legislation, law enforcement, risk prevention, and emergency response to avoid fragmented approaches.

In addition, considering the unique characteristics of cyberspace, cross-departmental coordination and cooperation must be enhanced. Through a unified approach, all aspects of cyberspace governance can be effectively implemented to yield tangible results.

At the enterprise level, the corporate self-discipline and industry co-governance need to be strengthened. Firms should actively participate in cybersecurity technology research, development, and application, embrace social responsibilities, and abandon the misguided notions of "profit-only" and "traffic is king."

Cybersecurity responsibility must be integrated into the entire operational process, fostering a mindset of "responsibility must be assumed" and gradually elevating it to "proactive accountability," becoming steadfast defenders of a healthy cyberspace. Internet industry associations should play their bridging role by setting up communication platforms between government oversight and enterprise development, organizing industry cybersecurity training to guide firms toward compliant operations through exchanges and self-inspections.

Finally, public participation in co-governance must be strengthened, jointly building cybersecurity barriers and creating a safer online community. As netizens in the new era, we should consciously learn and abide by laws, study and implement the Cybersecurity Law and other regulations, clarify legal boundaries for online behavior, uphold the legal bottom line of cybersecurity, maintain clear awareness, and actively resist online rumors, cyberbullying, and false information.

At the same time, actively protect personal information security, enhance anti-fraud awareness, and serve as the primary guardian of your own cybersecurity. Regarding online misconduct, dare to supervise, resist, and report.

The author of this article is Chen Bing, director of the Competition Law Research Center and deputy dean of the Law School at Nankai University, and a researcher at the Interdisciplinary Research Center for Digital Economy.

Editor: Martin Kadiev

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Keywords:   ‌Cybersecurity Law