Interim Provisions on the Administration of Internet Publishing (Chinese Text and CECC Partial Translation)

The following is a partial translation prepared by the Congressional-Executive Commission on China of the "Interim Provisions on the Administration of Internet Publishing" jointly issued by the General Administration of Press and Publication and the Ministry of Information Industry on August 1, 2002. The Chinese text was retrieved from the People's Daily Web site on March 7, 2006.

Article 4: The General Administration of Press and Publication is responsible for the supervision and administration of the nation’s Internet publishing work. Its primary responsibilities are:
(i) formulating the nation’s Internet publishing plans and organizing their implementation;
(ii) formulating guidelines, policies and rules for the administration of Internet publishing;
(iii) formulating the plans and organizing the implementation of the quantity, structure and composition of the nation’s Internet publishing;
(iv) carry out preliminary examination and approval of Internet publishing entities;
(v) carry out supervision of Internet publishers in accordance with the laws, regulations and rules, and carry out sanctions of those whose behavior violates the nation’s publishing regulations.
The press and publication administration agencies for the provinces, autonomous regions and independent municipalities shall be responsible for the daily administrative work for Internet publishing in their respective administrative jurisdictions, shall carry out examination and approval of applications to operate Internet publishing businesses, and implement sanctions for those within their respective administrative jurisdictions whose behavior violates the nation’s publishing regulations.

Article 5: As used in these Provisions, Internet publishing refers to the online transmission behavior of selecting or editing by Internet content providers of their own or third party works and posting on the Internet or the transmission via the Internet to end users, and offering to the public for browsing, utilizing or downloading. These works mainly include:
(i) contents from publications which have already been officially published such as books, newspapers, periodicals, audio/visual productions, and electronic publications or other works which have been publicly distributed by the media;
(ii) works which have undergone editorial treatment such as those relating to literature, human and natural sciences, social sciences and engineering technology.
As used in these Provisions, Internet publishing entities refers to those Internet content providers engaging in the Internet publishing business who have been approved by the administrative agency for press and publication and the telecommunications administration organ.

Article 6: Engaging in Internet publishing activities may only be done through permission. No unit or individual may commence in Internet publishing activities without permission.
No group or individual may interfere with, hinder or disrupt Internet publishing entities in engaging in Internet publishing activities in accordance with the law.

Article 7: Those engaging in Internet publishing operations must, in addition to having the qualifications stipulated in the Administrative Measures on Internet Information Providers, possess the following qualifications:
(i) have a defined publishing scope;
(ii) have articles of incorporation that accord with the stipulations of laws and regulations;
(iii) have necessary editorial publishing organs and specialist personnel;
(iv) have the capital, equipment and premises appropriate to the needs of publishing operations.

Article 8: Applications to engage in Internet publishing operations shall be submitted by the sponsor to the press and publication administration agency for the province, autonomous region or independent municipality where it is located, and after being examined and approved by, and receiving permission from, the publication administration agency for the province, autonomous region or independent municipality, it shall be sent to the General Administration for Press and Publication for examination and approval.

Article 16: Any Internet publishing entities which publish significant selections such as those relating to national security or social stability shall file a record with the General Administration of Press and Publication in accordance with the provisions on recording significant selections. Without recording the significant selections no publishing shall be allowed.

Article 17: Internet publications may not carry the following types of content:
(i) opposing the basic principles confirmed in the Constitution;
(ii) jeopardizing the integrity of the nation’s unity, sovereignty or territory;
(iii) divulging state secrets, jeopardizing national security or harming the honor or the interests of the nation;
(iv) inciting hatred against peoples, racism against peoples, disrupting the solidarity of peoples or infringing upon the customs and conventions of peoples;
(v) propagating evil cults or superstitions;
(vi) spreading rumors, disturbing social order, disrupting social stability;
(vii) propagating obscenity, gambling, violence or abetting the commission of a crime;
(viii) insulting or defaming third parties, infringing on the legal rights and interests of third parties;
(ix) jeopardizing social ethics or the superior cultural traditions of peoples; and
(x) having any other content prohibited by law, administrative rules and national regulations.

Article 24: Anyone who engages in Internet publishing activities without permission shall be sanctioned by the publication administration agency for the province, autonomous region or independent municipality or the General Administration of Press and Publication by confiscating any equipment used primarily to engage in illegal publishing activities and, where illegal proceeds are greater than RMB10,000, imposing a fine of more than 5, but less than 10, times the illegal proceeds or, where illegal proceeds are less than RMB10,000, imposing a fine of more than RMB10,000, but less than RMB50,000.