Ministry of Culture, Administration of Culture on the Internet Tentative Provisions

Promulgated: May 10 2003
Effective: July 1 2003
Applicability: The Provisions apply to the engagement in cultural activities on the internet within the territory of the PRC (Article 4).

Main contents: The Provisions govern the providing of cultural products and services thereof via the internet. Such cultural products and services thereof include production, duplication, import, wholesale, retail, rental and broadcasting of cultural products over the internet; and the publication of cultural products on the internet or online transmission to user ends such as computers, fixed-line telephones, mobile telephones, radios, television sets and game consoles for browsing, reading, enjoyment, use or downloading by online users (Article 3). Cultural products include audio and video products, game products, performances, artistic works and cartoons (Article 2). The Provisions detail the procedures for establishment of internet culture work units, which are internet information services providers that engage in internet cultural activities. Establishment of commercial internet culture work units requires the examination and approval of the Ministry of Culture, while establishment of non-commercial internet culture work units requires record filing with the Ministry of Culture (Article 8). Article 17 lists the contents of cultural products that an internet culture work unit are prohibited from providing. Such contents include those that oppose the fundamental principles determined in the Constitution, compromise national unity, sovereignty or territorial integrity, and promote cults, superstitions, obscenity, gambling or violence.
Related legislation: Administration of Internet Information Services Procedures, Sep 25 2000, CLP 2000 No.9 p62

clp reference:5600/03.05.10promulgated:2003-05-10effective:2003-07-01