• The law mandates “network operators” to monitor user information, and outlines procedures for removing posts.
• The new rules align with President Xi Jinping’s emphasis on national security.
• Taiwan has expressed concerns about the new rules, stating they could endanger visitors from the island to China.

Today, new rules tightening Chinese government restrictions on the country’s internet companies have come into effect, raising concerns about their application. The expanded State Secrets Law now compels firms like Tencent, ByteDance, and Weibo to take action when users post sensitive information.

The law mandates “network operators” to monitor information shared by users. It also outlines procedures for removing posts, preserving records, and reporting to authorities. This marks the law’s first update in over a decade and aligns with President Xi Jinping’s emphasis on national security as the government cracks down on China’s extensive technology industry.

When the new rules were first announced in February, a National Administration of State Secrets Protection official informed the state news agency Xinhua that they deemed them necessary due to “the guarding of state secrets facing new problems and challenges in the new era”.

Hong Kong-based law professor Ryan Mitchell stated that while internet companies in China already face strict rules, the changes “establish a new standard for active self-monitoring and rapid cooperation”. The revised rules also expand the definition of sensitive information to include “work secrets”, which entail information about the decision-making processes of state agencies. This broader scope could pose significant challenges for journalists, including foreign correspondents.

“A main concern for us is the uncertainty as to what constitutes a ‘state secret’,” Jens Eskelund, President of the European Union Chamber of Commerce in China told the news.

“Clear demarcations and definitions would be helpful,” he added.

Taiwan has also expressed concerns about the new rules, stating that they could endanger visitors from the island to China. Taipei’s Mainland Affairs Council criticized the legislation as “highly vague and potentially causing individuals to break the law at any time unwittingly”.

The international law firm Baker McKenzie FenXun stated that although the definition of state secrets is “broad and vague,” it should not significantly impact multinational companies operating in China. The new regulations coincide with heightened scrutiny faced by the social media giant TikTok and its Chinese parent company ByteDance in the US and other Western countries.

However, the new rules “do not seem to be mainly geared towards regulating the overseas operations of Chinese firms”, Mr. Mitchell said.

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