New rules came into force today that tighten the Chinese government’s restrictions on the country’s internet companies, raising concerns about their application.
The expanded state secrets law forces companies – including social media giants Tencent, ByteDance and Weibo – to take action when users post sensitive information.
It requires “network operators” to monitor the information shared by users. The rules also outline how posts should be removed, records stored and reported to authorities.
This is the first update to the law in more than a decade and is in line with President Xi Jinping’s focus on national security as the government cracks down on China’s huge tech industry.
When the new rules were first announced in February, an official at the National Administration for the Protection of State Secrets told the state news agency Xinhua that they were necessary because “the protection of state secrets faces new problems and challenges in the new era.”
While internet companies in China are already subject to strict rules, the changes “set a new standard for active self-regulation and rapid collaboration,” said Hong Kong-based law professor Ryan Mitchell.
The revised rules also expand the definition of what can be considered sensitive information to include “working secrets” or information about the decision-making of state authorities that could be particularly problematic for journalists, including foreign correspondents.
“A main concern for us is the uncertainty about what really is a ‘state secret’,” Jens Eskelund, president of the European Union Chamber of Commerce in China, told the BBC.
“Clear boundaries and definitions would be helpful,” he added.
Taiwan has also expressed concerns about the new rules, saying they could endanger visitors from the island to China.
Taipei’s Mainland Affairs Council said the legislation was “very vague and could lead to people breaking the law at any time.”
International law firm Baker McKenzie FenXun said that while the definition of what counts as state secrets was “broad and vague,” it should not have a significant impact on multinational companies operating in China.
The new regulations come as social media giant TikTok and its Chinese parent company ByteDance face increased scrutiny in the US and other Western countries.
However, “the new rules do not appear to be primarily aimed at regulating the overseas operations of Chinese companies,” Mitchell said.