File photo: IC

The Cyberspace Administration of China (CAC) has started soliciting public opinions on a draft law against cyber abuse in a bid to prevent mass dissemination of content involving insults, defamation, hate incitement, polarization, threats, discrimination, or other harmful material, as well as cyberbullying activities conducted by overseas organizations or individuals targeting entities or individuals within China. 

Internet service providers that violate the law and cause particularly serious impacts or consequences may be subject to fines ranging from 2 million yuan ($295,980) to 10 million yuan, as well as face penalties including service suspension, business rectification, website or app closure, and license revocation.

Legal experts said the draft law represents China's first comprehensive law on cyberbullying, highlighting China's progress in cyberspace governance and online safety. 

The draft consists of seven chapters and 60 articles, including provisions requiring internet service providers to prevent the spread of cyberbullying content and stipulating that cyberbullying activities conducted by overseas organizations or individuals targeting entities or individuals within China shall be held accountable.

The draft anti-cyberbullying law defines cyberbullying as concentrated or sustained online activities that infringe upon the legitimate rights and interests of individuals or organizations, including honor, privacy, likeness, and personal information rights. 

The draft law requires internet service providers to prevent the spread of cyberbullying content and take prompt action, including removal, blocking, account restrictions, and reporting cases to authorities. Accounts that organize cyberbullying or exploit it for marketing purposes may face measures such as blacklisting and permanent bans on re-registration. 

The draft law requires internet service providers to establish cyberbullying detection and early warning systems by developing databases of cyberbullying characteristics, repositories of representative cases and using AI, big data, and human review. Platforms must also promptly alert users facing cyberbullying risks and inform them of available protective measures.

Platforms must take appropriate action, trace the source of information, and report to authorities if AI is used to create, replicate, publish, or disseminate cyberbullying content or facilitate other cyberbullying activities. 

The draft soon triggered heated discussion and has drawn support from netizens on China's Twitter-like Sina Weibo with the hashtag being viewed more than 7.83 million times as of press time. One netizen commented that "platforms should also bear responsibility for cyberbullying, since many incidents are amplified by platforms through traffic promotion." 

According to Zhu Wei, a professor at the China University of Political Science and Law, the law is primarily aimed at protecting individual rights by shifting the focus from punishment after cyberbullying to prevention.

Cyberbullying not only infringes on individual dignity and rights but also poisons the online ecosystem, Zhu said. Citing the case of Liu Xuezhou, a 17-year-old boy who was subjected to online violence by many netizens and committed suicide in 2022.

Per item of the draft law, it also warns overseas individuals or organizations against using cyberbullying to harm individuals or disrupt China's online order. It states that violations committed abroad may still result in legal proceedings and penalties under Chinese law, Zhu said. 

Zhu noted that from a global perspective, the draft law is the world's first comprehensive law specifically aimed at combating online harassment. It marks that China's internet governance, particularly in the areas of online content and information ecosystem governance, as well as cybersecurity governance, has reached a very high level and is at the forefront of the world.