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Provisions on the Administration of Internet News and Information Services

0 CommentsPrint E-mail ChinaITLaw.org, January 21, 2010
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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.

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