Ministry of Industry and Information Technology: Standardizing and Detailing Telecommunication Network Punishment Measures, Strictly Limiting Scope

In the governance of telecommunication and network fraud crimes, the Ministry of Industry and Information Technology (MIIT) will further refine and standardize measures for disciplined individuals’ use of telecommunication services and internet applications.
On November 26, the Ministry of Public Security jointly announced the “Joint Disciplinary Measures for Telecommunication and Network Fraud and Its Related Offenses” with multiple departments. Relevant personnel from the MIIT stated that the specific disciplinary measures mainly include two aspects: one is to restrict the use of existing services under the name of the disciplined individual, and the other is to prohibit the handling of new services for the disciplined individual. “Punishment” is only a means, while “correction” is the goal.
The Paper noted that Articles 5 to 8 of the “Disciplinary Measures” stipulate specific measures for financial, telecommunication network, and credit discipline, clarify the conditions for applying credit discipline and inclusion in the basic financial credit information database, and refine the relevant disciplinary measures stipulated in Article 31 of the “Anti-Telecommunication and Network Fraud Law”.
For example, the “Disciplinary Measures” stipulate that individuals held criminally liable for committing telecommunication and network fraud and its related crimes will be subject to financial discipline, telecommunication network discipline, and credit discipline for a period of three years; units, individuals, or relevant organizers identified by municipal-level public security organs or above as engaging in illegal buying, selling, leasing, or lending of SIM cards, IoT cards, fixed-line phones, telecommunication lines, SMS ports, bank accounts, payment accounts, digital RMB wallets, internet accounts, etc., will be subject to financial discipline, telecommunication network discipline, and inclusion in the basic financial credit information database for a period of two years. It clearly specifies different types of discipline for different disciplined individuals.
At the same time, the “Disciplinary Measures” also retain basic financial and communication services for disciplined individuals to ensure their basic living needs are met, fully reflecting the appropriateness of the discipline.
It is worth mentioning that the “Disciplinary Measures” further standardize and refine telecommunication and network disciplinary measures. Regarding how to discipline disciplined individuals’ use of telecommunication services and internet applications, Liu Bochao, Deputy Director of the Network Security Administration Bureau of the MIIT, introduced that specifically, after receiving the disciplinary list from the public security organs, the MIIT will organize telecommunication business operators and internet service providers to implement discipline against the disciplined individuals (including units and individuals) in accordance with laws and regulations based on its responsibilities. The scope of discipline includes telecommunication services such as SIM cards, IoT cards, telecommunication lines, and SMS ports under the name of the disciplined individual, as well as internet account functions and services with potential fraud risks.
“The disciplinary measures mainly include two aspects: one is to restrict the use of existing services under the name of the disciplined individual, and the other is to prohibit the handling of new services for the disciplined individual,” Liu Bochao said. For these disciplinary measures, “punishment” is only a means, while “correction” is the goal. On the one hand, it increases the cost of offenses for disciplined individuals, forming a strong constraint on them in the information and communication industry, prompting them to “abandon” dishonest behavior and effectively prevent the occurrence of more offenses. On the other hand, it can produce a warning and deterrent effect on society, guiding various entities to legally and compliantly use telecommunication and internet services, and promoting the healthy development of the industry. Ultimately, by coordinating and collaborating with other relevant departments, a long-term supervision system of “one offense, multiple restrictions” will be established to better serve the work of combating and governing telecommunication and network fraud crimes.
When responding to how to protect the rights and interests of disciplined individuals during the implementation of telecommunication and network disciplinary measures, Liu Bochao emphasized that the MIIT will strictly follow the principle of “law-based and regulation-compliant, appropriate punishment,” and take necessary measures to protect the legitimate rights and interests of disciplined individuals. First, strictly limit the scope of discipline in accordance with the law. When determining the scope of discipline, strictly follow the relevant provisions of the Anti-Telecommunication and Network Fraud Law. Second, fully protect the legitimate rights and interests of citizens in accordance with the law. During the disciplinary period, one non-involved SIM card under the name of the disciplined individual will be retained, and this non-involved SIM card can be bound to the internet account under the name of the disciplined individual. Additionally, the MIIT will fully protect the disciplined individual’s right to know and cooperate with the public security organs to clearly inform the disciplined individual of their relevant rights and communication channels in the disciplinary notice. Third, establish an efficient and smooth complaint and relief mechanism. The industrial and information technology department will work with the public security organs to establish a complaint and relief mechanism, clarify the complaint acceptance, circulation, and handling processes, and collaborate with the public security organs to谨慎 handle relevant work to ensure that relevant complaints and appeals are promptly and effectively addressed.