The Information Office of the State Council combined with the Ministry of Information Industry issued the Provisions on the Administration of Internet News and Information Services on September 25, 2005. The full text is as follows.

 

　　Provisions on the Administration of Internet News and Information Services

 

Chapter 1 General Provisions

 

Article 1 These provisions are formulated for the purpose of regulating Internet news and information services to meet the requirements of Internet news and information services, to maintain national security and the public interest, to protect the lawful rights and interests of  Internet news and information services entities, and to promote the health and orderly development of Internet news and information services entities.

 

Article 2 Internet news and information services entities in the People’s Republic of China shall follow these provisions.

The news and information services in these provisions refers to news and information on current events, including reports and comments related to politics, economics, military affairs, diplomatic affairs, and so on, and reports and comments on sudden social occurrences.

The Internet news and information services in these provisions refers to publishing news and information, providing bulletin board services for current events, and transmitting  current communications to the public via the Internet.

 

Article 3  The Internet news and information services entities engaging in Internet news and information services shall abide by the Constitution, laws, and regulations, by persisting in providing service for the people and serving socialism, and guiding public opinion to protect the interests of the nation and the public.

The state shall encourage Internet news and information services entities to transmit  healthy and civilized news and information beneficial to improve the qualities of the people, to spur economic growth, and to promote social development.

 

Article 4 The Information Office of the State Council shall be in charge of nationwide Internet news and information services. The Information Offices of the people's government in the provinces, autonomous regions, and municipalities directly under the central government shall be in charge of Internet news and information services within their administrative divisions.

　　

Chapter 2 The Establishment of Internet News and Information Services Entities

 

Article 5 Internet news and information services entities shall be divided into the following three classes:

(1) Internet news and information service entities publishing news and information that is beyond the range of what the entity has already published,  providing bulletin board services for current events, and transmitting  current communications to the public.

(2) Internet news and information services entities that are established by non-news organizations and that reprint the news and information, provide bulletin board services for current events, and transmit current communications to the public.

(3) Internet news and information services entities established by news entities and that publish news that the entity has already published or broadcast.

The establishment of Internet news and information services entities prescribed by Items 1 and 2 of the above clause shall be examined and approved by the Information Office of the State Council in accordance with the Decision of the State Council on Establishing Administrative Exams and Approvals that Must Remain Subject to the Administrative Licenses and the relevant administrative regulations.

The establishment of Internet news and information services entities of  Item 3 of Clause 1 of this article shall apply for registration to the Information Office of the State Council or the Information Offices of the provinces, autonomous regions, and municipalities directly under the central government..

 

Article 6 As to Internet news and information services entities established by news organizations and cooperating with non-news organizations, news and information entities that hold more than 51 percent of the shares shall be regarded as  Internet news and information services entities established by news organizations; news and information services entities that hold less than 51 percent of the shares shall be regarded as Internet news and information services entities established by non-news organizations.

 

Article 7 Internet news and information services entities fulfilling Item 1 of Clause 1 of Article 5 shall be subject to the following conditions:

(1) They shall have complete administrative rules and regulations

(2) They have more than five full-time news journalists with more than three years of

information work experience

(3) They have the necessary facilities, equipment, and capital, and such capital shall be from legal sources.

The institutions applying to establish Internet news and information services entities shall be central news organizations of the provinces, autonomous regions, and municipalities directly under the central government and news organizations directly under the municipalities of the people’s governments of the provinces and autonomous regions.

The examination and approval for the establishment of Internet news and information service entities, in addition to complying with Clause 1, shall be in accordance with the requirements for the total number, structure, and distribution of Internet news and information services entities of the Information Office of the State Council.

 

Article 8 The establishment of Internet news and information services entities complying with Item 2 of Clause1 of Article 5 and in accordance with Clauses 1 and 3 of Article 7, in addition shall have more than ten full-time news editors, of whom more than five shall have more than three years experience working in news and information entities.

The organization that applies to establish an Internet news and information services entity prescribed by the above clause shall be a lawfully established legal entity engaging in Internet news and information services for more than two years and it shall not have violated any of the laws, rules, and regulations on Internet news and information services in the last two years; the applying organization shall be an enterprise legal person and it shall have a minimum of RMB 10,000,000 in registered capital.

The examination and approval for the establishment of Internet news and information services entities complying with Clause 1 of this article shall be in accordance with these provisions, in addition to conforming with the planning for the total number, structure, and distribution of Internet news and information entities as required by the Information Office of the State Council.

 

Article 9 No organization may establish an Internet news and information services entity that is operated by a Chinese-foreign equity or contractual joint venture, or a wholly foreign-owned enterprise.

Internet news and information services entities that cooperate with Chinese-foreign equity or contractual joint ventures, or wholly foreign-owned enterprises within China or abroad shall report to the Information Office of the State Council to provide a security evaluation.

　　

Article10.  The organization applying to establish an Internet news and information services entity under Items 1 and 2 of Clause 1 of Article 5 shall fill out an application and registration form and shall submit the following documents:

(1) Administrative rules and regulations for Internet news and information services;

(2) Documents of proof of the right to use the work-site and proof of the sources and amount of funds.

(3) Documents of proof of the qualifications of the news personnel.

An institution that applies to establish an Internet news and information services entity in accordance with Item 1 of Clause 1 of Article 5 shall submit documents of proof of the qualifications of the news organization; An organization that applies to establish an Internet news and information services entity in accordance with Item 2 of Clause 1 of Article 5 shall submit documents of proof of the legal person.

 

Article 11 Anyone who applies to establish an Internet news and information services entity in accordance with Items 1 and 2 of Clause 1 of Article 5 shall apply to the Information Office of the State Council; news organizations under provinces, autonomous regions, and municipalities directly under the central government, news organizations under the municipalities of the people’s governments of the provinces and autonomous regions, and  non-news organizations shall submit an application through the local Information Office of the people's government of the provinces, autonomous regions, and municipalities directly under the central government to the Information Office of the State Council.

For those applying through the local Information Offices of the people's government of the provinces, autonomous regions, and municipalities directly under the central government, the Information Office of the people's government of the provinces, autonomous regions, and municipalities directly under the central government shall carry out an on-site examination within twenty days of receipt of the application and make a preliminary opinion report to the Information Office of the State Council; the Information Office of the State Council shall make a decision within forty days of receipt of the opinion on the preliminary examination. For those applying to the Information Office of the State Council, the Information Office of the State Council shall make an on-site examination and make a decision within forty days of  receipt of the application. If the application is approved, an "Internet News and Information Services Permit" shall be issued to the applicant; if the application is not approved, the reason for rejection shall be stated.

 

Article 12  Internet news and information services entities established by the central news organizations in accordance with Item 3 of Clause 1 of Article 5, shall submit an application to the Information Office of the State Council for the record within one month after the start of business; those established by other news organizations shall submit an application for the record to the Information Office in the locality under the people’s government of the province, autonomous region, or municipality directly under the central government within one month after the start of business.  

Those applying for the record shall fill out a registration form and submit a complete set of the rules and regulations for Internet news and information services and the documents of proof of qualifications as a news organization.

 

Article 13 Whoever applies to establish an Internet news and information services entity shall, after being approved according to the provisions, go through the relevant formalities with the administrative organ of telecommunications in accordance with the relevant rules and regulations on Internet information services.

 

Article 14 When an Internet news and information services entity, established in accordance with Items 1 and 2 of Clause 1 of Article 5, changes its name, locality, legal representative, the chief person in charge, the composition of the shareholding, service items, or the Web sites or web address and so on, it shall apply to the Information Office of the State Council to exchange its "Internet News and Information Services Permit."  Internet news and information services entities applying to the administrative organ of telecommunications for approval or to go through the formalities for modification shall be abide by the relevant rules and regulations.

When an Internet news and information services entity, established in accordance with Item 3 of Clause 1 of Article 5  changes its name, locality, legal representative, the chief person in charge, the composition of the shareholding, service items, or the Web sites or web address and so on, it shall apply to the original authorities for the record; in the case of a change in the composition of the shareholding, a news and information entity with less than 51 percent of the shares shall go through the formalities for a license. Internet news and information services entities applying to the administrative organ of telecommunications for approval or for a license or going through the formalities for modification shall abide by the relevant rules and regulations.

 

Chapter 3 Service Criteria for Internet News and Information Services

 

Article 15 Internet news and information services entities shall provide news and information services in accordance with the service items for which they have been approved.

 

Article 16 When an Internet news and information services entity, established in accordance with Items 1 and 2 of Clause 1 of Article 5, reprints or transmits  current communications to the public via the Internet, shall reprint and transmit the news and information of central news organizations or news organizations directly under the provinces, autonomous regions, and municipalities directly under the central government and give a clear indication of the sources of the news and information and shall not distort the content of the original news and information.

Internet news and information services entities established in accordance with Item 2 of Clause 1 of Article 5 shall not publish self-edited news and information.

 

Article 17 When an Internet news and information services entity, established in accordance with Items 1 and 2 of Clause 1 of Article 5, reprints news and information,  it shall sign a written agreement with the central news organizations or news organizations under the provinces, autonomous regions, and municipalities

directly under the central government. Internet news and information services entities established by central news entities shall provide a copy of the agreement to the Information Office of the State Council for the record; other Internet news and information services entities shall provide a copy of the agreement for the record to the Information Office of the people's government of the provinces, autonomous regions, and municipalities directly under the central government.

Central news organizations or news organizations under the provinces, autonomous regions, and municipalities directly under the central government shall inspect and examine the Internet News and Information Services Permit before signing the above prescribed agreement and shall not provide news and information for organizations without an Internet News and Information Services Permit.

 

Article 18 Any business cooperation with Internet news and information services entities prescribed in Item 2 of Clause 1 of Article 5, except for the provision of contributions, shall report to the Information Office of the State Council within ten days before the start of the business cooperation; other news organizations cooperating with Internet news and information services entities prescribed in Item 2 of Clause 1 of Article 5, except for the provision of contributions, shall report to the Information Office of the people's government of the provinces, autonomous regions, and municipalities directly under the central government within ten days before the start of the business cooperation.

 

Article 19 An Internet news and information services entity publishing news and information, providing bulletin board services for current events, and transmitting  current communications to the public via the Internet shall not provide any cultural products that contain any of the following contents:

(1)  That which defies the basic principles determined in the Constitution;

(2) That which endangers the security of the nation, divulges state secrets, subverts national sovereignty or territorial integrity;

(3)  That which damages the honor or interests of the state;

(4)  That which incites national hatred or discrimination or undermines the solidarity of the nationalities;

(5)  That which infringes upon the national religious policies, or propagates evil cults or superstitions;

(6)  That which spreads rumors and disturbs the public order or destroys public stability;

(7)  That which propagates obscenities, eroticism, gambling, and violence or instigates crimes;

(8)  That which insults or libels others, or infringes upon the lawful rights and interests of others;

(9)  That which disturbs the public order by instigating illegal gatherings, associations, parades, demonstrations, or assemblies;

(10) That which organizes activities in the name of  illegal civil organizations;

(11) That which contains other content prohibited by the laws and administrative regulations, or by the state.

 

Article 20 Internet news and information services entities shall establish a management system for the content of the news and information, and shall not publish and transmit the news and information with  contents violating Clause 1 of Article 3 and Article 19; and they shall immediately delete the contents in cases of finding contents violating Clause 1 of Article 3 and Article 19,  retain the relevant records, and provide them to the relevant departments that make inquiries according to the law.

 

Article 21 Internet news and information services entities shall keep the content, time, and Internet address of the published or transmitted news and information for the record for not less than sixty days and it shall provide this information to the relevant departments that make inquiries according to the law.

　

Chapter 4 Supervisory Management

 

Article 22 The Information Office of the State Council and the Information Office of the people's government of the provinces, autonomous regions, and municipalities directly under the central government shall supervise and inspect the Internet news and information services entities in accordance with the law, and the relevant entities and persons shall provide assistance.

The persons from the Information Office of the State Council and the Information Office of the people's government of the provinces, autonomous regions, and municipalities directly under the central government engaging in the on-site examination in accordance with the law shall produce the law enforcement credentials.

 

Article 23 The Information Office of the State Council and the Information Office of the people's government of the provinces, autonomous regions, and municipalities directly under the central government shall supervise and inspect the Internet news and information services entities; in the case of publishing news and information, providing bulletin board services for current events, and transmitting  current communications violating Clause 1 of Article 3 and Article 19, they shall be notified to delete it. Internet news and information services entities shall immediately delete it and retain the records and provide them to the relevant departments that make inquiries according to the law.

 

Article 24  The establishment of Internet news and information services entities under Items 1 and 2 of Clause 1 of Article 5, in the case of those established by central news entities, shall submit an annual business report to the Information Office of the State Council within the prescribed period; those established by other news organizations or non-news organizations shall submit an annual business report to the Information Office of the State Council  through  the Information Office of the people's government of the provinces, autonomous regions, and municipalities directly under the central government within the prescribed period every year.

The Information Office of the State Council may examine the management systems, personnel, and service contents of  Internet news and information services entities.

 

Article 25  Internet news and information services entities shall accept public supervision.

The Information Office of the State Council shall publicize the Web site or web address and telephone numbers to accept public information about an offense and shall make decisions according to the law; in the case of reports that fall under the jurisdiction of another department, they shall be handed over to the relevant departments.

Chapter 5 Legal Responsibilities

　　

Article 26 Whoever violates Clause 2 of Article 5 by engaging in Internet news and information services entities without permission  or violates Article 15 by engaging in  Internet news and information services beyond the accepted range of service items shall be ordered to cease the illegal acts and a fine of more than RMB 10,000  but less than RMB 30,000 shall be imposed by the Information Office of the State Council and the Information Office of the people's government of the provinces, autonomous regions, and municipalities directly under the central government in accordance with their respective powers; if the circumstance is serious, the administrative department in charge of telecommunications, in accordance with a written decision made by the Information Office of the State Council and the Information Office of the people's government of the provinces, autonomous regions, and municipalities directly under the central government, shall terminate the Internet news and information services or order the entities engaging in  Internet access services to stop the access services.  

 

Article 27 Internet news and information services entities publishing or transmitting  news and information in violation of Article 19 or not fulfilling their responsibilities to delete such contents shall be warned and may be ordered to stop the illegal acts and a fine of more than RMB 10,000  but less than RMB 30,000  may be imposed by the Information Office of the State Council or the Information Office of the people's government of the provinces, autonomous regions, and municipalities directly under the central government; if the circumstance is serious, the administrative department in charge of telecommunications, according to a written decision made by the relevant administrative departments in accordance with the rules and regulations on the administration of  Internet news and information services, shall stop the Internet news and information services or order the entities engaging in the Internet access services to stop the access services.

Internet news and information services entities  publishing or transmitting news and information violating Clause 1 of Article 3 shall be punished by the Information Office of the State Council and the Information Office of the people's government of the provinces, autonomous regions, and municipalities directly under the central government in accordance with the kinds and scopes of the sanctions prescribed by the above clause.

Article 28  Whoever violates Article 16 by reprinting news and information from illegal sources, publishing self-edited news and information, or distorting the original news and information shall be ordered to make a correction and shall be issued a warning, and a fine of more than RMB 5,000 but less than RMB 30,000 shall be imposed by the Information Office of the State Council and the Information Office of the people's government of the provinces, autonomous regions, and municipalities directly under the central government based on their respective authorities.

Whoever violates Article 16 by not giving clear indication of the sources of the news and information shall be warned and a fine of more than RMB 5,000 but not in excess of RMB 20,000  may be imposed by the Information Office of the State Council and the Information Office of the people's government of the provinces, autonomous regions, and municipalities directly under the central government according to their respective authorities.

 

Article 29 Whoever violates the provisions by the following acts shall be ordered to make a correction and shall be warned, and a fine of less than RMB 30,000 may be imposed by the Information Office of the State Council and the Information Office of the people's government of the provinces, autonomous regions, and municipalities directly under the central government according to their respective authorities:

(1)   not fulfilling the duty of filing for the records

(2)   not fulfilling the duty of reporting

(3)   not fulfilling the duty of recording, saving, or providing the records for back-up.

 

Article 30 In cases of violations of Clause 2 of Article 17, where news is provided to an entity without a license, the manager and other responsible employees shall be given administrative sanctions according to the law.

 

Article 31 When persons in charge of the Information Office of the State Council and the Information Office of the people's government of the provinces, autonomous regions, and municipalities directly under the central government and in the administrative department in charge of telecommunications neglects their duties, abuse their power, or engage in malpractice for personal gain, and the circumstances are serious and constitute a crime, they shall be investigated for criminal responsibilities according to the law; if the case does not constitute a crime, the persons shall be given administrative sanctions in accordance with the law.

　

Chapter 6 Supplementary Provisions

 

Article 32 News organizations as prescribed in these provisions refer to lawfully established newspaper offices, broadcasting stations, TV stations, and news agencies; among which, the central news organizations include news organizations established by central state organs..

 

Article 33 These provisions shall come into force as of the date of promulgation.