Measures for Administering the Release of News and Information in China by Foreign News Agencies (Chinese and English Text)
Measures for Administering the Release of News and Information in China by Foreign News Agencies Measures for Administering the Release of News and Information in China by Foreign News Agencies Article 1. These Measures are formulated in accordance with national laws, administrative regulations and the relevant regulations of the State Council to regulate the release of news and information in China by foreign news agencies and the subscription of such news and information by users in China and to promote the dissemination of news and information in a sound and orderly manner. Article 2. These Measures shall be applicable to the release of news and information in text, photo, graphics and other forms in China by foreign news agencies. For the purposes of these Measures, foreign news agencies include other foreign entities of the nature of a news agency that release news and information products. Article 3. Xinhua News Agency exercises unified administration over the release of news and information in China by foreign news agencies. Article 4. According to the Decision of the State Council on Establishment of Administrative Licenses for Items Subject to Administrative Examination and Approval That Need to Be Retained, for releasing their news and information in China, foreign news agencies shall be subject to approval by Xinhua News Agency and shall have entities designated by Xinhua News Agency act as their agents (hereinafter referred to as designated entities). Foreign news agencies shall not directly solicit subscription of their news and information services in China. Except the designated entities, no unit or individual shall distribute news and information of foreign news agencies or act as their agents. Article 5. To apply for releasing news and information in China, a foreign news agency shall meet the following requirements: (1) being legally qualified in its home country or region; (2) enjoying good credit in the field of news and information release; (3) having an explicit scope of business; (4) possessing the technological and transmitting means commensurate with its business; and (5) other requirements as prescribed by Chinese laws and administrative regulations. Article 6. For releasing news and information in China, a foreign news agency shall submit a written application and the following materials to Xinhua News Agency: (1) legal credentials issued by the competent authorities of its home country or region; (2) its records of good credit issued by the relevant organization of its home country or region; (3) a detailed list, explanation and samples of the news and information release; (4) an illustration of its transmitting means; and (5) other materials as specified by Xinhua News Agency. Article 7. An entity to be designated as an agent of a foreign news agency for the distribution of news and information in China shall meet the following requirements and submit a written application to Xinhua News Agency: (1) being legally qualified; (2) enjoying good credit in acting as an agent for news and information distribution; (3) possessing the service network and transmitting means commensurate with its business; and (4) other requirements as prescribed by Chinese laws and administrative regulations and rules of government departments. Article 8. Xinhua News Agency shall, within 20 days from the date it receives the written application of a foreign news agency or designated entity, make a decision on whether to grant or not to grant the application. If it decides to grant the application, it shall issue the document of approval; otherwise, it shall notify the applicant of the decision in writing and explain the reasons why. Article 9. Before releasing news and information in China in accordance with the scope of business approved in the approval document, a foreign news agency shall sign an agency agreement with the designated entity, and within 15 days from the date of the agreement is signed, submit the agreement to Xinhua News Agency for the record. Article 10. Before altering its scope of business, transmitting means, etc., a foreign news agency shall apply anew to Xinhua News Agency for an approval document. Article 11. News and information released in China by foreign news agencies shall not contain any of the following that serves to: (1) violate the basic principles enshrined in the Constitution of the People's Republic of China; (2) undermine China's national unity, sovereignty and territorial integrity; (3) endanger China's national security, reputation and interests; (4) violate China's religious policies or preach evil cults or superstition; (5) incite hatred and discrimination among ethnic groups, undermine their unity, infringe upon their customs and habits, or hurt their feelings; (6) spread false information, disrupt China's economic and social order, or undermine China's social stability; (7) propagate obscenity and violence, or abet crimes; (8) humiliate or slander another person, or infringe upon the legitimate rights and interests of another person; (9) undermine social ethics or the fine cultural traditions of the Chinese nation; and (10) include other content banned by Chinese laws and administrative regulations. Article 12. Xinhua News Agency has the right to select the news and information released by foreign news agencies in China and shall delete any materials as specified in Article 11 of these Measures. Article 13. To subscribe to news and information services of foreign news agencies, a user in China shall sign a subscription agreement with a designated entity and shall not, by any means, directly subscribe to, translate, edit or publish the news and information released by a foreign news agency. In using news and information from a foreign news agency, the user in China shall clearly indicate the sources and shall not transfer them to another party in any form. Article 14. Foreign news agencies and designated entities shall, within the prescribed time limit, submit reports each year to Xinhua News Agency on their work in releasing news and information and in acting as agents respectively. Xinhua News Agency may conduct examination and inspection on the basis of what is reported. Only those agencies and entities that have passed the examination and inspection are permitted to continue with their news and information release and agency business. Article 15. Any unit or individual has the right to report to Xinhua News Agency any violation of these Measures. And Xinhua News Agency shall investigate and deal with the violation according to law. Article 16. Where a foreign news agency violates the Measures in one of the following manners, Xinhua News Agency shall give it a warning, demand rectification within a prescribed time limit, suspend its release of specified content, suspend or cancel its qualifications of a foreign news agency for releasing news and information in China, on the merits of each case: (1) releasing news and information beyond the scope of business as approved in the approval document; (2) directly soliciting subscription of news and information services, or doing so in disguised form; and (3) distributing news and information which contains the material specified in Article 11 of these Measures. Article 17. Where a user in China violates the provisions of these Measures in one of the following manners, Xinhua News Agency shall give it a warning, demand rectification within a prescribed time limit or order the designated entities to suspend or rescind the subscription agreement, on the merits of each case: (1) using the news and information from a foreign news agency beyond the scope as prescribed by the subscription agreement; (2) transferring to another party news and information from a foreign news agency that it has subscribed to; and (3) failing to indicate the sources clearly when using news and information from a foreign news agency. Article 18. Where a unit or individual violates the provisions of these Measures in one of the following manners, Xinhua News Agency shall submit a proposal to the relevant department of the State Council to impose an administrative penalty according to law: (1) releasing news and information without approval by Xinhua News Agency or subscribing to news and information of a foreign news agency without going through the entity designated by Xinhua News Agency; (2) distributing news and information of a foreign news agency or acting as its agent without approval; and (3) directly translating, editing or publishing news and information of a foreign news agency without approval. Article 19. Where a designated entity, in violation of the provisions of these Measures, acts as an agent for distribution of the news and information of a foreign news agency that has not obtained approval of Xinhua News Agency, Xinhua News Agency shall order it to rectify, and disciplinary penalties shall be imposed on the persons directly in charge and the other persons directly responsible. Article 20. Where a staff member of Xinhua News Agency commits one of the following acts, Xinhua News Agency shall impose on him a disciplinary penalty: (1) issuing approval document to an applicant that does not meet the requirements specified in these Measures; (2) failing to perform his duties of supervision and administration in accordance with law; (3) failing to investigate and deal with violations of law upon receiving reports thereon; and (4) abusing his powers, neglecting his duties, or engaging in malpractices for personal gain, etc. Article 21. These Measures shall be applied mutatis mutandis to the release of news and information on the mainland by news agencies and other news and information releasing entities of the nature of a news agency in the Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan. Article 22. These Measures shall go into effect as of the date of promulgation. The Methods for the Exercise of Administration over Publication in China of Economic Information by Foreign News Agencies and Their Information Subsidiaries, promulgated by Xinhua News Agency on April 15, 1996, are repealed simultaneously.
The following translation was retrieved from the People's Daily Web site on May 30, 2013. The Chinese text was retrieved from the China Youth Daily Web site on September 11, 2006.
Measures for Administering the Release of News and Information in China by Foreign News Agencies
Article 1. These Measures are formulated in accordance with national laws, administrative regulations and the relevant regulations of the State Council to regulate the release of news and information in China by foreign news agencies and the subscription of such news and information by users in China and to promote the dissemination of news and information in a sound and orderly manner.
Article 2. These Measures shall be applicable to the release of news and information in text, photo, graphics and other forms in China by foreign news agencies.
For the purposes of these Measures, foreign news agencies include other foreign entities of the nature of a news agency that release news and information products.
Article 3. Xinhua News Agency exercises unified administration over the release of news and information in China by foreign news agencies.
Article 4. According to the Decision of the State Council on Establishment of Administrative Licenses for Items Subject to Administrative Examination and Approval That Need to Be Retained, for releasing their news and information in China, foreign news agencies shall be subject to approval by Xinhua News Agency and shall have entities designated by Xinhua News Agency act as their agents (hereinafter referred to as designated entities). Foreign news agencies shall not directly solicit subscription of their news and information services in China.
Except the designated entities, no unit or individual shall distribute news and information of foreign news agencies or act as their agents.
Article 5. To apply for releasing news and information in China, a foreign news agency shall meet the following requirements:
(1) being legally qualified in its home country or region;
(2) enjoying good credit in the field of news and information release;
(3) having an explicit scope of business;
(4) possessing the technological and transmitting means commensurate with its business; and
(5) other requirements as prescribed by Chinese laws and administrative regulations.
Article 6. For releasing news and information in China, a foreign news agency shall submit a written application and the following materials to Xinhua News Agency:
(1) legal credentials issued by the competent authorities of its home country or region;
(2) its records of good credit issued by the relevant organization of its home country or region;
(3) a detailed list, explanation and samples of the news and information release;
(4) an illustration of its transmitting means; and
(5) other materials as specified by Xinhua News Agency.
Article 7. An entity to be designated as an agent of a foreign news agency for the distribution of news and information in China shall meet the following requirements and submit a written application to Xinhua News Agency:
(1) being legally qualified;
(2) enjoying good credit in acting as an agent for news and information distribution;
(3) possessing the service network and transmitting means commensurate with its business; and
(4) other requirements as prescribed by Chinese laws and administrative regulations and rules of government departments.
Article 8. Xinhua News Agency shall, within 20 days from the date it receives the written application of a foreign news agency or designated entity, make a decision on whether to grant or not to grant the application. If it decides to grant the application, it shall issue the document of approval; otherwise, it shall notify the applicant of the decision in writing and explain the reasons why.
Article 9. Before releasing news and information in China in accordance with the scope of business approved in the approval document, a foreign news agency shall sign an agency agreement with the designated entity, and within 15 days from the date of the agreement is signed, submit the agreement to Xinhua News Agency for the record.
Article 10. Before altering its scope of business, transmitting means, etc., a foreign news agency shall apply anew to Xinhua News Agency for an approval document.
Article 11. News and information released in China by foreign news agencies shall not contain any of the following that serves to:
(1) violate the basic principles enshrined in the Constitution of the People's Republic of China;
(2) undermine China's national unity, sovereignty and territorial integrity;
(3) endanger China's national security, reputation and interests;
(4) violate China's religious policies or preach evil cults or superstition;
(5) incite hatred and discrimination among ethnic groups, undermine their unity, infringe upon their customs and habits, or hurt their feelings;
(6) spread false information, disrupt China's economic and social order, or undermine China's social stability;
(7) propagate obscenity and violence, or abet crimes;
(8) humiliate or slander another person, or infringe upon the legitimate rights and interests of another person;
(9) undermine social ethics or the fine cultural traditions of the Chinese nation; and
(10) include other content banned by Chinese laws and administrative regulations.
Article 12. Xinhua News Agency has the right to select the news and information released by foreign news agencies in China and shall delete any materials as specified in Article 11 of these Measures.
Article 13. To subscribe to news and information services of foreign news agencies, a user in China shall sign a subscription agreement with a designated entity and shall not, by any means, directly subscribe to, translate, edit or publish the news and information released by a foreign news agency.
In using news and information from a foreign news agency, the user in China shall clearly indicate the sources and shall not transfer them to another party in any form.
Article 14. Foreign news agencies and designated entities shall, within the prescribed time limit, submit reports each year to Xinhua News Agency on their work in releasing news and information and in acting as agents respectively.
Xinhua News Agency may conduct examination and inspection on the basis of what is reported. Only those agencies and entities that have passed the examination and inspection are permitted to continue with their news and information release and agency business.
Article 15. Any unit or individual has the right to report to Xinhua News Agency any violation of these Measures. And Xinhua News Agency shall investigate and deal with the violation according to law.
Article 16. Where a foreign news agency violates the Measures in one of the following manners, Xinhua News Agency shall give it a warning, demand rectification within a prescribed time limit, suspend its release of specified content, suspend or cancel its qualifications of a foreign news agency for releasing news and information in China, on the merits of each case:
(1) releasing news and information beyond the scope of business as approved in the approval document;
(2) directly soliciting subscription of news and information services, or doing so in disguised form; and
(3) distributing news and information which contains the material specified in Article 11 of these Measures.
Article 17. Where a user in China violates the provisions of these Measures in one of the following manners, Xinhua News Agency shall give it a warning, demand rectification within a prescribed time limit or order the designated entities to suspend or rescind the subscription agreement, on the merits of each case:
(1) using the news and information from a foreign news agency beyond the scope as prescribed by the subscription agreement;
(2) transferring to another party news and information from a foreign news agency that it has subscribed to; and
(3) failing to indicate the sources clearly when using news and information from a foreign news agency.
Article 18. Where a unit or individual violates the provisions of these Measures in one of the following manners, Xinhua News Agency shall submit a proposal to the relevant department of the State Council to impose an administrative penalty according to law:
(1) releasing news and information without approval by Xinhua News Agency or subscribing to news and information of a foreign news agency without going through the entity designated by Xinhua News Agency;
(2) distributing news and information of a foreign news agency or acting as its agent without approval; and
(3) directly translating, editing or publishing news and information of a foreign news agency without approval.
Article 19. Where a designated entity, in violation of the provisions of these Measures, acts as an agent for distribution of the news and information of a foreign news agency that has not obtained approval of Xinhua News Agency, Xinhua News Agency shall order it to rectify, and disciplinary penalties shall be imposed on the persons directly in charge and the other persons directly responsible.
Article 20. Where a staff member of Xinhua News Agency commits one of the following acts, Xinhua News Agency shall impose on him a disciplinary penalty:
(1) issuing approval document to an applicant that does not meet the requirements specified in these Measures;
(2) failing to perform his duties of supervision and administration in accordance with law;
(3) failing to investigate and deal with violations of law upon receiving reports thereon; and
(4) abusing his powers, neglecting his duties, or engaging in malpractices for personal gain, etc.
Article 21. These Measures shall be applied mutatis mutandis to the release of news and information on the mainland by news agencies and other news and information releasing entities of the nature of a news agency in the Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan.
Article 22. These Measures shall go into effect as of the date of promulgation. The Methods for the Exercise of Administration over Publication in China of Economic Information by Foreign News Agencies and Their Information Subsidiaries, promulgated by Xinhua News Agency on April 15, 1996, are repealed simultaneously.
外国通讯社在中国境内发布新闻信息管理办法
第一条 为了规范外国通讯社在中国境内发布新闻信息和国内用户订用外国通讯社新闻信息，促进新闻信息健康、有序传播，根据国家法律、行政法规和国务院的有关规定，制定本办法。
第二条 外国通讯社在中国境内发布文字、图片、图表等新闻信息，适用本办法。
本办法所称外国通讯社包括具有通讯社性质的外国新闻信息发布机构。
第三条 新华通讯社对外国通讯社在中国境内发布新闻信息实行统一管理。
第四条 根据《国务院对确需保留的行政审批项目设定行政许可的决定》，外国通讯社在中国境内发布新闻信息，应当经新华通讯社批准，并由新华通讯社指定的机构（以下简称指定机构）代理。外国通讯社不得在中国境内直接发展新闻信息用户。
除指定机构外，任何单位和个人不得经营、代理外国通讯社的新闻信息。
第五条 外国通讯社申请在中国境内发布新闻信息，应当具备以下条件：
（一）在所在国家（地区）有相应的合法资质；
（二）在新闻信息发布业务领域有良好信誉；
（三）有确定的业务范围；
（四）有与其开展业务相适应的技术传播手段；
（五）中国法律、行政法规规定的其他条件。
第六条 外国通讯社在中国境内发布新闻信息，应当向新华通讯社提交书面申请，并提供下列材料：
（一）所在国家（地区）主管当局出具的相应的合法资质证明；
（二）所在国家（地区）有关机构出具的良好信誉记录证明；
（三）所发布新闻信息的细目、说明和样品；
（四）传播手段说明；
（五）新华通讯社规定的其他材料。
第七条 指定机构代理外国通讯社在中国境内发布新闻信息，应当具备以下条件，并向新华通讯社提交书面申请：
（一）有合法资质；
（二）在新闻信息代理发布业务领域有良好信誉；
（三）有开展与其代理业务相适应的服务网络和技术传播手段；
（四）中国法律、行政法规和部门规章规定的其他条件。
第八条 新华通讯社应当自收到外国通讯社和指定机构提交申请材料之日起20日内作出批准或者不批准决定。批准的，发给批准文件；不批准的，书面通知申请人并说明理由。
第九条 外国通讯社依据批准文件核定的业务范围在中国境内发布新闻信息，应当与指定机构签订代理协议，并自协议签订之日起15日内报新华通讯社备案。
第十条 外国通讯社变更业务范围、传播手段等事项的，应当在变更前向新华通讯社重新申请核发批准文件。
第十一条 外国通讯社在中国境内发布的新闻信息不得含有下列内容：
（一）违反《中华人民共和国宪法》确定的基本原则的；
（二）破坏中国国家统一、主权和领土完整的；
（三）危害中国国家安全和国家荣誉、利益的；
（四）违反中国的宗教政策，宣扬邪教、迷信的；
（五）煽动民族仇恨、民族歧视，破坏民族团结，侵害民族风俗习惯，伤害民族感情的；
（六）散布虚假信息，扰乱中国经济、社会秩序，破坏中国社会稳定的；
（七）宣扬淫秽、暴力或者教唆犯罪的；
（八）侮辱、诽谤他人，侵害他人合法权益的；
（九）危害社会公德或者中华民族优秀文化传统的；
（十）中国法律、行政法规禁止的其他内容。
第十二条 新华通讯社对外国通讯社在中国境内发布的新闻信息有选择权，发现含有本办法第十一条所列内容的，应当予以删除。
第十三条 国内用户订用外国通讯社新闻信息，应当与指定机构签订订用协议，不得以任何方式直接订用、编译和刊用外国通讯社的新闻信息。
国内用户使用外国通讯社新闻信息时，应当注明来源，并不得以任何形式转让。
第十四条 外国通讯社和指定机构应当每年在规定期限内分别就其发布、代理新闻信息的情况向新华通讯社提交报告。
新华通讯社可以根据报告情况进行核查；经核查合格的，方可继续从事新闻信息的发布或者代理业务。
第十五条 任何单位和个人发现有违反本办法行为的，有权向新华通讯社举报，新华通讯社应当依法调查、处理。
第十六条 外国通讯社违反本办法规定，有下列情形之一的，由新华通讯社视情节给予警告、限期改正、暂停特定内容发布、暂停或取消发布资格：
（一）超出批准文件核定的业务范围发布新闻信息的；
（二）直接或者变相发展新闻信息用户的；
（三）发布的新闻信息含有本办法第十一条所列内容的。
第十七条 国内用户违反本办法规定，有下列情形之一的，由新华通讯社视情节给予警告、限期改正、责令指定机构中止或者解除订用协议：
（一）超出订用协议范围使用外国通讯社新闻信息的；
（二）转让所订用的外国通讯社新闻信息的；
（三）使用外国通讯社新闻信息不注明来源的。
第十八条 违反本办法规定，有下列情形之一的，由新华通讯社提请国务院有关部门依法给予行政处罚：
（一）未经新华通讯社批准发布新闻信息的，未经新华通讯社指定机构订用外国通讯社新闻信息的；
（二）擅自经营、代理外国通讯社新闻信息的；
（三）擅自直接编译、刊用外国通讯社新闻信息的。
第十九条 指定机构违反本办法规定，代理未经批准的外国通讯社新闻信息的，由新华通讯社责令改正，对直接负责的主管人员和其他直接责任人员给予纪律处分。
第二十条 新华通讯社工作人员有下列行为之一的，由新华通讯社给予纪律处分：
（一）向不符合本办法规定条件的申请人颁发批准文件的；
（二）不依法履行监督管理职责的；
（三）接到对违法行为的举报后不依法调查处理的；
（四）有滥用职权、玩忽职守、徇私舞弊等行为的。
第二十一条 香港特别行政区、澳门特别行政区、台湾地区的通讯社及其他具有通讯社性质的新闻信息发布机构，在内地发布新闻信息，参照本办法执行。
第二十二条 本办法自发布之日起施行。1996年4月15日新华通讯社发布的《外国通讯社及其所属信息机构在中国境内发布经济信息的管理办法》同时废止。