Supreme People's Court, Provisions on Several Issues Concerning the Application of the Law in Trials of Civil Disputes Involving the Infringement of the Right of Communication Through Information Networks

Promulgated: December 17 2012
Effective: January 1 2013

Applicability: For the purposes of these Provisions, the term “information network” means information networks such as the internet, radio and television networks, fixed line communication networks and mobile communication networks that have a computer, television, landline telephone, mobile phone, etc. as the terminal, as well as local area networks that are accessible by the public (Article 2).

Main contents: If a network user or network service provider provides through an information network without permission a work, performance or audio or video recording to which the rights holder enjoys the right of communication through information networks, the people's court shall find the same to constitute infringement of the right of communication through information networks, unless otherwise provided in laws or administrative regulations.

If a work, performance or audio or video recording is placed on an information network through uploading to a network server, creation of a shared file or the use of file sharing software, etc., thereby making it available for downloading, viewing or otherwise accessing at the time and place of the individual's choice, the people's court shall find that the network user or network service provider has carried out the act of providing as specified in the preceding paragraph (Article 3).

If a network service provider is well aware or ought to be aware that a network user is using its network services to infringe the right of communication through information networks and fails to take necessary measures such as deletion, masking or removing of the links, or provides technical support or other such assistance, the people's court shall find that the same constitutes assistance of infringement (Article 7).