Provisions on the Administration of Internet News Information Services (Chinese Text and CECC Full Translation)

The following is a translation by CECC staff of the Provisions on the Administration of Internet News Information Services, promulgated by the State Council Information Office and the Ministry of Information Industry on September 25, 2005. The Chinese text was retrieved from the Xinhua Web site on June 6, 2006.
 

Provisions on the Administration of Internet News Information Services

Chapter I. General Provisions

Article 1. These rules have been formulated in order to regulate Internet News Information Service, satisfy the demands of the public with respect to Internet News Information , safeguard national security and the public interest, protect the legal rights of Internet News Information Services, and promote the healthy and orderly development of Internet News Information Services.

Article 2. Internet News Information Services operating within the borders of the People's Republic of China shall abide by these Rules.

As used in these Rules, News Information refers to current events news information, and includes reporting and commentary relating to politics, economics, military affairs, foreign affairs, and social and public affairs, as well as reporting and commentary relating to fast-breaking social events.

As used in these Rules, Internet News Information Service includes the use of the Internet to post News Information and provide current event electronic bulletin services, and transmit to the public current event news report information.

Article 3. Internet News Information Service Work Units that engage in Internet News Information Service shall abide by the Constitution, laws, and regulations, persist in being oriented toward serving the people and serving socialism, persist in correctly guiding public opinion, and safeguard the nation's interests and the public interest.

The nation encourages Internet News Information Service work units to disseminate healthy and civilized News Information that is conducive to raising the quality of the nation, promoting economic development, and spurring social progress.

Article 4. The State Council Information Office is responsible for the work of supervising and administering Internet News Information Services for the entire nation. The People's Government information offices in provinces, autonomous regions, and municipalities directly under the central government shall be responsible for the work of supervising and administering Internet News Information Services within their respective administrative regions.

Chapter II. Establishment of Internet News Information Service Work Units

Article 5. There are three types of Internet News Information Service Work Units:

(1) Internet News Information Service Work Units that are established by News Work Units and that post News Information beyond that which that work unit has already published or broadcasted, provide current event electronic bulletin services, and transmit to the public current event news report information;
(2) Internet News Information Service Work Units that are established by non-News Work Units and that reprint News Information, provide current event electronic bulletin services, and transmit to the public current event news report information;
(3) Internet News Information Service Work Units that are established by News Work Units and that post News Information which that work unit has already published or broadcasted.

In accordance with the Decision of the State Council Establishing Administration Examination and Approval Matters That Must Remain Subject to Administrative Permits and relevant administrative regulations, the establishment of Internet News Information Service Work Units provided for in paragraph (1) or paragraph (2) of the foregoing clause shall be subject to examination and approval by the State Council Information Office.

The establishment of Internet News Information Service Work Units provided for in paragraph (3) of clause 1 of this Article shall be subject to registration with the State Council Information Office or the People's Government information offices in provinces, autonomous regions, and municipalities directly under the central government.

Article 6. For News Work Units and non-News Work Units that jointly establish Internet News Information Service Work Units, if the News Work Unit owns no less than 51 percent of the shares, it shall be deemed an Internet News Information Service Work Units established by a News Work Unit; if the News Work Unit owns less than 51 percent of the shares, it shall be deemed an Internet News Information Service Work Units established by a non-News Work Unit.

Article 7. Internet News Information Service Work Units established under paragraph (1) of clause 1, Article 5 of these Rules shall possess the following qualifications:

(1) Have complete Internet News Information Service administration rules;
(2) Have at least five full-time news editorial personnel with at least three years experience engaged in news work at a News Work Unit.
(3) Have such facilities, equipment, and capital as are necessary, and such capital shall be from a legal source.

Agencies that may apply to establish Internet News Information Service Work Units under the foregoing clause shall be Central News Work Units, News Work Units of the provinces, autonomous regions, and municipalities directly under the central government, and News Work Units directly under the municipalities of the provinces' and autonomous regions' People's Governments.

The examination and approval of Internet News Information Service Work Units under clause 1 of this Article shall, in addition to being in accordance with the conditions set forth in these Rules, also comply with the State Council Information Office's quantity, structure, and distribution requirements for Internet News Information Service Work Units.

Article 8. Internet News Information Service Work Units established under paragraph (2) of clause 1, Article 5 of these Rules shall, in addition to meeting the conditions set forth in paragraph (1) and paragraph (3) of clause 1, Article 7 of these Rules, also have at least ten or more full-time news editorial personnel, and among these, at least five shall be news editorial personnel with at least three years experience engaged in news work at a News Work Unit.

Organizations that may apply to establish Internet News Information Service Work Units under the foregoing clause shall be legal persons engaged in Internet News Information Service that have been legally established for at least two years, and which in the preceding two years have not been subject to administrative sanctions for violation of any laws, regulations, or rules relating to the administration of Internet News Information Service; applicant organizations shall be enterprise legal persons, with a registered capital of no less than 10,000,000 yuan.

The examination and approval of Internet News Information Service Work Units under clause 1 of this Article shall, in addition to complying with the conditions set for in these Rules, also comply with the State Council Information Office's quantity, structure, and distribution requirements for Internet News Information Service Work Units.

Article 9. No organization may establish an Internet News Information Service Work Unit operated by a sino-foreign joint venture, sino-foreign cooperative venture, or wholly foreign owned venture.

Internet News Information Service Work Units that cooperate with a sino-foreign joint venture, sino-foreign cooperative venture, or wholly foreign owned venture within China or abroad to engage in an enterprise involving an Internet News Information Service shall report to the State Council Information Office and carry out a security evaluation.

Article 10. Applicants to establish Internet News Information Service Work Units under paragraph (1) or paragraph (2) of clause 1, Article 5 of these Rules shall fill out an application and registration form, and shall submit the following materials:

(1) Complete Internet News Information Service administration rules;
(2) Proof of property rights or usage rights for facilities, and proof of the source and amount of capital.
(3) Proof of professional qualification of news editorial personnel.

Agencies applying to establish Internet News Information Service Work Units under paragraph (1) of clause 1, Article 5 of these Rules shall also submit proof of qualification as a News Work Unit; and Organizations applying to establish Internet News Information Service Work Units under paragraph (2) of clause 1, Article 5 of these Rules shall also submit proof of qualification as a legal person.

Article 11. Applicants to establish Internet News Information Service Work Units under paragraph (1) or paragraph (2) of clause 1, Article 5 of these Rules shall, in the case of Central News Work Units, submit their application to the State Council Information Office; and in the case of News Work Units of the provinces, autonomous regions, and municipalities directly under the central government, News Work Units directly under the municipalities of the provinces' and autonomous regions' People's Governments, and non-News Work Units, submit their application to the State Council Information Office through the People's Government information office in their local province, autonomous region, or municipality directly under the central government.

For an application made through a provincial, autonomous region, and municipality directly under the central government People's Government information office, the provincial, autonomous region, and municipality directly under the central government People's Government information office should carry out an on-site inspection within 20 days of receipt of the application, and provide a preliminary opinion report to the State Council Information Office; the State Council Information Office shall make a decision within 40 days of receipt of the preliminary opinion. For an application made to the State Council Information Office, the State Council Information Office should carry out an on-site inspection and make a decision within 40 days of receipt of the application. Those which are approved shall be issued an Internet News Information Service License; those which are rejected shall have the applicant be notified in writing and explained the reason.

Article 12. Internet News Information Service Work Units established under paragraph (3), clause 1 of Article 5 of these Rules shall, in the case of those established by Central News Work Units, within one month from the day they commence engaging in Internet News Information Service, register with the State Council Information Office; and in the case of those established by other News Work Units, within one month from the day they commence engaging in Internet News Information Service, register with the People's Government information office in their local province, autonomous region, or municipality directly under the central government.

Those undertaking registration shall fill out a registration form, and submit a complete set of Internet News Information Service administration rules and proof of qualification as a News Work Unit.

Article 13. After an Internet News Information Service Work Unit has been established in accordance with these Rules, it shall undertake relevant procedures with the department responsible for telecommunications in accordance with administrative regulations relevant to the administration of Internet information services.

Article 14. Internet News Information Service Work Units under paragraph (1) or paragraph (2) of clause 1, Article 5 of these Rules that change their name, location, legal representative or other primary responsible person, shareholding structure, service items, Web site address or other items, shall apply to the State Council Information Office to exchange their Internet News Information Service License. In accordance with relevant rules of the department responsible for telecommunications, those required to report to the department responsible for telecommunications for permission or required to undertake licensing or registration modification procedures with the department responsible for telecommunications, shall undertake them in accordance with relevant rules.

Internet News Information Service Work Units under paragraph (3) of clause 1, Article 5 of these Rules that change their name, location, legal representative or other primary responsible person, shareholding structure, Web site address or other items, shall re-register with their original registering agency; however, if after the shareholding structure has changed the News Work Unit owns less than 51 percent of the shares, it shall carry out licensing procedures in accordance with these Rules. In accordance with relevant rules of the department responsible for telecommunications,  those required to report to the department responsible for telecommunications for permission or required to undertake licensing or registration modification procedures with the department responsible for telecommunications, shall undertake them in accordance with relevant rules.

Chapter III. Regulation of Internet News Information Service

Article 15. Internet News Information Service Work Units shall provide Internet News Information Service in accordance with the service items for which they have been checked and ratified.

Article 16. Internet News Information Service Work Units established under paragraph (1) or paragraph (2) of clause 1, Article 5 of these Rules that reprint News Information or that transmit to the public current event news report information, shall reprint and transmit News Information issued by Central News Work Units and News Work Units directly under the provinces, autonomous regions, or municipalities directly under the central government, and shall clearly denote the source of News Information, and may not distort the contents of the original News Information.

Internet News Information Service Work Units established under paragraph (2) of clause 1, Article 5 of these Rules may not post News Information they have gathered and edited themselves.

Article 17. Internet News Information Service Work Units under paragraph (1) or paragraph (2) of clause 1, Article 5 of these Rules that reprint News Information shall sign written agreements with the Central News Work Units and News Work Units directly under the provincial, autonomous region, or municipality directly under the central government. Internet News Information Service Work Units established by Central News Work Units shall register a copy of these agreements with the State Council Information Office; and other Internet News Information Service Work Units shall register their agreements with the People's Government information offices in their local province, autonomous region, or municipality directly under the central government.

Central News Work Units or News Work Units directly under provinces, autonomous regions, or municipalities directly under the central government that sign agreements stipulated under the preceding clause shall check the other party's Internet News Information Service License, and may not provide News Information to work units that do not have an Internet News Information Service License.

Article 18. Central News Work Units that engage in a cooperative Internet news enterprise with an Internet News Information Service Work Units under paragraph (2) of clause 1, Article 5 of these Rules for anything other than the provision of articles shall, ten days prior to engaging in such a cooperative enterprise, report to the State Council Information Office. Other News Work Units that engage in a cooperative Internet news enterprise with an Internet News Information Service Work Units under paragraph (2) of clause 1, Article 5 of these Rules for anything other than the provision of articles shall, ten days prior to engaging in such a cooperative enterprise, report to the People's Government information offices in their local province, autonomous region, or municipality directly under the central government.

Article 19. Neither the News Information posted or transmitted, nor the current event electronic bulletin service provided, by Internet News Information Service Work Units may include any of the following content:

(1) violating the basic principles as they are confirmed in the Constitution;
(2) jeopardizing the security of the nation, divulging state secrets, subverting of the national regime or jeopardizing the integrity of the nation's unity;
(3) harming the honor or the interests of the nation;
(4) inciting hatred against peoples, racism against peoples, or disrupting the solidarity of peoples;
(5) disrupting national policies on religion, propagating evil cults and feudal superstitions;
(6) spreading rumors, disturbing social order, or disrupting social stability;
(7) spreading obscenity, pornography, gambling, violence, terror, or abetting the commission of a crime;
(8) insulting or defaming third parties, infringing on the legal rights and interests of third parties;
(9) inciting illegal assemblies, associations, marches, demonstrations, or gatherings that disturb social order;
(10) conducting activities in the name of an illegal civil organization; and
(11) any other content prohibited by law or rules.

Article 20. Internet News Information Service Work Units shall establish a News Information content administration responsibility system. They may not post or transmit News Information with contents that violate clause 1 of  Article 3 or Article 19 of these Rules; and if they discover that a current event electronic service has provided any content that violates Article 3, clause 1, or Article 19 of these Rules, they shall immediately delete it, retain relevant records, and provide them to relevant departments upon an inquiry made in accordance with the law.

Article 21. Internet News Information Service Work Units shall record the contents and the time and Internet address of all News Information they post and transmit, and record backups shall be maintained for at least 60 days, and shall be provided to relevant departments upon an inquiry made in accordance with the law.

Chapter IV. Supervision and Administration

Article 22. The State Council Information Office and the People's Government information offices in the provinces, autonomous regions, and municipalities directly under the central government shall carry out supervision inspections of Internet News Information Service Work Units in accordance with the law, and relevant work units and individuals shall provide assistance.

The personnel of the State Council Information Office and the People's Government information offices in the provinces, autonomous regions, and municipalities directly under the central government shall, when carrying out on-site inspections in accordance with the law, produce law enforcement credentials.

Article 23. The State Council Information Office and the People's Government information offices in the provinces, autonomous regions, and municipalities directly under the central government shall carry out supervision of Internet News Information Service; if they discover an Internet News Information Service Work Unit has posted or transmitted News Information, or provided a current event electronic bulletin service with contents that violate clause 1 of Article 3 or Article 19 of these Rules, they shall notify it to delete it. The Internet News Information Service Work Unit shall immediately delete it, retain relevant records, and provide them to relevant departments upon an inquiry made in accordance with the law.

Article 24. Internet News Information Service Work Units established under paragraph (1) or paragraph (2) of clause 1, Article 5 of these Rules shall, in the case of those established by Central News Work Units, every year within a fixed period submit an annual enterprise report to the State Council Information Office; and in the case of those established by other News Work Units and non-News Work Units, every year within a fixed period submit an annual enterprise report to the People's Government information office in their local province, autonomous region, or municipality directly under the central government.

The State Council Information Office may, if the reporting circumstances warrant, carry out an examination of Internet News Information Service Work Units' administrative systems, human resources, service content, etc.

Article 25. Internet News Information Service Work Units shall accept the supervision of public.

The State Council Information Office shall promulgate a reporting Web site address and telephone number, and accept the public's reports and handle them in accordance with the law; with respect to those reports that are within the scope of another department's responsibility, they shall be transferred to the relevant department for handling.

Chapter V. Legal Duties

Article 26. Anyone who, in violation of clause 2, Article 5 of these Rules, engages in Internet News Information Service without authorization, or who, in violation of Article 15 of these Rules, exceeds the scope of the service items for which they have been checked and ratified and engages in Internet News Information Service, shall be ordered to cease all illegal activities and fined more than 10,000 yuan and less than 30,000 yuan by the State Council Information Office or the People's Government information office in the province, autonomous region, and municipality directly under the central government, in accordance with their respective official powers; if the circumstances are severe, the department responsible for telecommunications shall, in accordance with a written determination of the State Council Information Office or the People's Government information office in the province, autonomous region, and municipality directly under the central government, on the basis of the stipulations of relevant Internet information service supervision administrative regulations, terminate the Internet information service or order the Internet access service to terminate access services.

Article 27. If the News Information an Internet News Information Service Work Units posts or transmits includes contents prohibited under Article 19 of these Rules, or if they refuse to carry out their duty to delete, they shall be given a warning by the State Council Information Office or the People's Government information office in the province, autonomous region, and municipality directly under the central government, and may be subject to a fine of more than 10,000 yuan and less than 30,000 yuan; if the circumstances are severe, the department responsible for telecommunications shall, in accordance with written determination of the State Council Information Office or the People's Government information office in the province, autonomous region, and municipality directly under the central government, on the basis of the stipulations of relevant Internet information service supervision administrative regulations, terminate the Internet information service or order the Internet access service to terminate access services.

If the News Information an Internet News Information Service Work Unit posts or transmits includes contents prohibited under clause 1, Article 3 of these Rules, the State Council Information Office or the People's Government information office in the province, autonomous region, and municipality directly under the central government shall, in accordance with their respective official powers, impose sanctions of the kind and scope stipulated in the foregoing clause.

Article 28. Anyone violating Article 16 of these Rules and reprinting News Information from an illegal source or publishing News Information they have gathered and edited themselves or distorting the origin of the contents of News Information, shall be ordered to make corrections, issued a warning, and fined more than 5,000 yuan and less than 30,000 yuan by the State Council Information Office or the People's Government information office in the province, autonomous region, and municipality directly under the central government, in accordance with their respective official powers.

Anyone violating Article 16 of these Rules and failing to clearly denote the source of News Information shall be ordered to make corrections and given a warning by the State Council Information Office or the People's Government information office in the province, autonomous region, and municipality directly under the central government, in accordance with their respective official powers, and may be subject to a fine of more than 5,000 yuan and less than 20,000 yuan.

Article 29. Anyone committing any of the violations of these Rules listed below shall be ordered to make corrections and given a warning by the State Council Information Office or the People's Government information office in the province, autonomous region, and municipality directly under the central government, in accordance with their respective official powers,  and may be subject to a fine of less than 30,000 yuan:

(1) Failing to carry out registration duties;
(2) Failing to carry out reporting duties;
(3) Failing to carry out record keeping, record retention, or provision duties.

Article 30. In case of a violation of clause 2 of Article 17 of these Rules, where News Information is provided to a work unit that does not have an Internet News Information Service License, the responsible manager and other directly responsible employees shall be subject to administrative sanction in accordance with the law.

Article 31. Personnel of the State Council Information Office, the People's Government information office in the province, autonomous region, and municipality directly under the central government, and the department responsible for telecommunications who are derelict in their duty, abuse their authority, engage in favoritism, where it has serious consequences and constitutes a crime, shall be punished for criminal responsibility in accordance with the law; and where it does not constitute a crime, the responsible manager and other directly responsible employees shall be subject to administrative sanction.

Chapter VI. Supplementary Articles

Article 32. As used in these Rules, News Work Units refers to newspaper publishers, radio stations, television stations, and wire services that have been established in accordance with the law; among these, Central News Work Units includes the News Work Units established by the central national agencies and ministries.

Article 33. These Rules shall be implemented from the date of their promulgation.