China has revised its Law on the Guarding of State Secrets, which now mandates companies such as Tencent, ByteDance, Weibo, and Douyin, among others, to monitor their platforms for state secrets. If they encounter any such content, they must take prompt action, including removing it and informing and assisting the authorities.
One of the key changes is the inclusion of ‘internet information’ as a category subject to secrecy requirements alongside traditional media channels such as books, newspapers, and television.
Under the revised law, ‘network operators’ are responsible for monitoring user-generated content, promptly removing any suspected leaks of state secrets, and maintaining records of such incidents. They are also obliged to collaborate with state secrets administration departments, public security agencies, and national security authorities during investigations, indicating heightened scrutiny and accountability for online content providers.
The law ‘work secrets’ are defined as information that is ‘not state secrets but will cause certain adverse effects if leaked.”
These provisions target major internet companies like Tencent Holdings and popular social media platforms such as Weibo and Douyin.
The law also streamlines determining state secret classification levels, previously a collaborative effort involving multiple government bodies.
Additionally, the revised law introduces measures to manage government employees who are handling state secrets and transitioning out of their roles, imposing restrictions on their employment opportunities and mobility even after leaving their positions. This extended ‘classification separation management’ period underscores CCP’s hardline stance to maintaining security protocols beyond an individual’s tenure.
“A main concern for us is the uncertainty as to what really constitutes a ‘state secret’,” Jens Eskelund, President of the European Union Chamber of Commerce in China, told BBC. “Clear demarcations and definitions would be helpful.”Â
The same concerns are voiced by Taipei’s Mainland Affairs Council, claiming that the legislation is “highly vague and may cause people to break the law at any time.”
Furthermore, the law also emphasises the role of science and technology in safeguarding state secrets and protecting intellectual property in this domain, reported Nikkei Asia.
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