Government Agencies Issue New Regulations Restricting News Reporting on the Internet

March 20, 2006

Among the Chinese government's "most pressing responsibilities" is controlling "harmful information" on the Internet, according to a September 1 editorial in the official newspaper of the Ministry of Information Industry (MII). The Ministry did not disclose, however, the nature of the "harmful information" it was referring to until September 25, when the MII and the State Council Information Office (SCIO) promulgated the Rules on the Administration of Internet News Information Services (Rules). The Rules "tighten supervision over online news services," according to a September 26 Xinhua article, and prohibit anyone from using the Internet to post or transmit news reports or commentary relating to politics, economics, and military, foreign, and public affairs without prior government authorization.

Among the Chinese government's "most pressing responsibilities" is controlling "harmful information" on the Internet, according to a September 1 editorial in the official newspaper of the Ministry of Information Industry (MII). The Ministry did not disclose, however, the nature of the "harmful information" it was referring to until September 25, when the MII and the State Council Information Office (SCIO) promulgated the Rules on the Administration of Internet News Information Services (Rules). The Rules "tighten supervision over online news services," according to a September 26 Xinhua article, and prohibit anyone from using the Internet to post or transmit news reports or commentary relating to politics, economics, and military, foreign, and public affairs without prior government authorization.

The Rules cover "Internet News Information Services," (INIS) which is defined as "the use of the Internet to post reporting and commentary . . ., provide current event electronic bulletin services, and transmit to the public current event news report information." The Rules create three categories of INIS providers: those that government agencies establish that post news gathered by agency employees, those established by government agencies that post news gathered and reported by employees of another government agency, and those established by non-government "organizations." The Rules restrict the latter two categories to reporting only news that the central government or a provincial level government agency has already published.

An SCIO spokesperson told a press conference on September 25 (Xinhua English / Chinese) that the SCIO and MII had deemed it necessary to revise the regulations that had previously governed Internet news (the MII and SCIO's 2000 Interim Provisions on the Administration of Internet Web sites Engaged in News Posting Operations (Provisions)) because changes in the content of news available on the Internet, as well as "the emergence of so many unhealthy news stories that will easily mislead the public," had rendered them "unsuitable." The spokesperson said the revisions were adopted pursuant to the Decision on Strengthening the Party's Ability to Govern, which the Party's Central Committee issued in September 2004. The Decision said that the "Party supervises the media," and should "[p]ay close attention to the influence that the Internet and other newly emerging media have on public opinion, increase the pace of establishing unified management mechanisms for legal regulation, administrative supervision, industry self-discipline, and technological safeguards, step up the building of the ranks engaged in propaganda on the Internet, and create a strong force for positive opinion on the Internet." Like the Rules, the Provisions declared that only government authorized Web sites could post news, and that all such news had to be published by government news agencies.

The Rules, however, differ from the Provisions in several respects:

  • They expand the government's control over the news media to include posting news on electronic bulletin board systems (including "Web logs" or "Blogs") as well as the transmission of news by e-mail or cellular phone short text messaging.
  • They impose new restrictions on information relating to freedom of assembly, by prohibiting news that incites illegal associations, demonstrations, or gatherings, or that is done in the name of an illegal civil organization.
  • They clarify the government's restrictions on the free flow of information to Chinese citizens from outside of China, by prohibiting foreign investment in INIS providers, requiring the SCIO to perform a "security evaluation" of any cooperation between an INIS provider and a Sino-foreign joint venture or foreign enterprise, and prohibiting INIS providers from reporting news unless a central or provincial level government news agencies has already reported it.

See below for additional analysis and information.
 

Expanding the Government's Control over the News Media. The Provisions applied only to "Web sites," and although other regulations, such as the MII's 2000 Provisions on the Administration of Internet Electronic Bulletin Services and Measures for the Administration of Internet Information Services, and the General Administration of Press and Publication's 2001 Notice Regarding Prohibiting the Transmission of Harmful Information and Further Regulating Publishing Order arguably forbid the use of electronic bulletin boards or short text messaging systems to publish news without government authorization, the Chinese government had not outlawed these activities explicitly. The Rules have closed these loopholes, and make it illegal for anyone to use the Internet to "post News Information and provide current event electronic bulletin services, and transmit to the public current event news report information" without government authorization. According to a September 26 article in the Southern Metropolitan Daily, Chen Tong, editor-in-chief of Sina.com, said that classification in the Rules of electronic bulletin boards and short text messaging systems as "Internet news" was "unprecedented," and that this provision "restrains those Web sites that regularly play at the edges of policy and utilize BBSs to disseminate some sensitive topics." The Rules are the latest in a series of government regulations, notices, and campaigns the government has been using to maintain its control over news reporting in China:

Imposing New Restrictions on Information Related to Freedom of Assembly. Article 19 of the Rules includes a list of prohibited content that is largely identical to the list in the Provisions, with two exceptions. First, the Rules prohibit "subversion," whereas the Provisions prohibit "inciting subversion." This may, however, merely be careless drafting, as other related regulations, such as the MII's 2000 Measures for the Administration of Internet Information Services, also omit the word "inciting." Second, the Rules include prohibitions on contents "inciting illegal assemblies, associations, marches, demonstrations, or gatherings that disturb social order," and "conducting activities in the name of an illegal civil organization." No other regulations include any similar prohibition. These restrictions are, however, consistent with the Chinese government's recent efforts to increase restrictions on freedom of assembly in general, and non-governmental organizations in particular. For example, in May 2005, new regulations on letters and calls [xinfang] petitioning went into effect that prohibit Chinese citizens from submitting complaints to the government in groups larger than five. In August 2005, China's government passed a new Public Order Administration Punishment Law that created a new category of offense for "inciting or plotting illegal assemblies, marches, or demonstrations," the Ministry of Civil Affairs announced that it would begin "rating" NGOs in China, and sources told the South China Morning Post that the All-China Environmental Federation was launching a survey to determine the extent of environmental NGOs' operations, and uncover unregistered organizations.

The Rules also specifically define "Internet news" as including reporting and commentary relating to "fast-breaking social events" [tufa shijian], a term that China's government and media uses in reference to, among other things,riots and mass demonstrations. SARFT has also included references to "fast-breaking social events" in recent regulations it promulgated restricting radio and television news reporting. For example, the Notice Regarding Calling for Resolutely Strengthening and Improving Radio and Television Public Opinion Supervision Work (2005-05-10): "Radio and television programs that relate to the military, armed police, nationalities, religion, Hong Kong, Macao, Taiwan, or foreign governments or groups, or other sensitive areas, fast-breaking social events, and that easily trigger mass incidents, must be submitted to the relevant department for authorization." Also, the Interim Implementation Rules for the Administration of Those Employed as Radio and Television News Reporters and Editors (2005-04-01): "Handle ethnic minority religious issue reports cautiously. . . . With respect to reports on breaking events relating to minorities and minority areas, it is necessary to have a cautious grasp, and ask for instructions from the relevant government agency in a timely manner."

Clarifying the Government's Restrictions on the Free Flow of Information to Chinese Citizens from Outside of China. The Provisions prohibited news Web sites from linking to Web sites outside of China without authorization, unless explicitly authorized to do so by the SCIO. Since the Provisions were enacted, at least one local regulation has also included a prohibition on linking to foreign news sources. The Rules do not contain such a prohibition. The Rules do, however, forbid foreign investment in an INIS provider, and require the SCIO perform a "security evaluation" of any cooperation between an INIS provider and a sino-foreign joint venture or foreign enterprise. Also, the Rule's prohibition on INIS providers reporting news that a central or provincial level government news agencies has not already reported represents a de facto ban on uncensored foreign news. These restrictions are consistent with a series of regulations, notices, and opinions that the Chinese government issued in July and August 2005 to restrict foreign participation in, and cooperation with, China's media industries. They are also consistent with recent remarks of senior officials in the Central Propaganda Department and the General Administration of Press and Publication that they want to "capture" the "ideological work battlefield of the Internet" and "punish" "unauthorized cooperation with foreigners." Finally, the Rules' restriction on foreign news reports also reflects the Party leadership's concern that "hostile forces" are using the Internet to wage ideological warfare on China. For example, in December 2004 the People's Daily published an editorial which stated "Both at home and abroad there are hostile influences and people with ulterior motives who are using the Internet to make us 'divided' and 'westernized.' They disseminate fake information, spread reactionary speech, and even employ Internet writers to write about socially hot topics and sensitive news to fool Internet users and misguide public opinion."

The Rules are part of the Chinese government's extensive regime of prior restraints on who may publish and who may engage in journalism, and is only the most recent in a series of national and local government laws, regulations, and "self discipline agreements" dating back to 1997 that attempt to prevent Chinese citizens from using the Internet to either provide information on current events to one another, or obtain such information from sources the Chinese government cannot censor.

National Laws and Regulations Relating to Internet Censorship

Local Regulations Relating to Internet Censorship