On 4 August 2023, the Ministry of Industry and Information Technology of the PRC released a circular on the implementation of APP filings on its official website, which clarified that APP providers engaged in internet information services within the territory of the PRC shall complete the internet content provider (ICP) filing procedures in accordance with the relevant laws and regulations of the PRC. Those who have not completed the ICP filing procedures are not allowed to carry out APP internet information services in the PRC.
Prior to the release of the circular, there was no clear regulation on whether APP providers must apply for ICP Filing, which resulted in different supervision standards and operations in practice among various local supervision authorities. The circular issued by the Ministry of Industry and Information Technology of the PRC officially stipulates that APP providers shall apply for and complete ICP filing procedures.
According to the above circular, APPs that have already carried out operations in the PRC before the issuance of the circular shall complete the ICP filing procedures before April 2024. After the transition period (from 1 September 2023 to 31 March 2024), if the ICP filing procedures for APPs have not been completed, they will be subject to fines and penalties in accordance with the relevant laws and regulations of the PRC.
In addition to APPs installed through APP stores and other channels, mini programs and fast APPs based on WeChat and other APP platforms are also subject to ICP filing procedures.
The legal basis for the issuance of the above circular:
Anti-Telecom and Network Fraud Law of the PRC
Article 23 The establishment of APPs shall go through and complete the licensing or filing procedures with the supervision authorities of telecommunications in accordance with the relevant regulations.
Administrative Measures for Internet Information Services
Article 4 The State implements a licensing system for commercial internet information services and a filing system for non-commercial internet information services.
No one may engage in the provision of internet information services without having obtained a license or completed the filing procedures.
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