Press Office of the State Council and Ministry of Information Industry, Provisions for the Administration of Internet News Information Services

国务院新闻办公室、信息产业部互联网新闻信息服务管理规定

October 31, 2005 | BY

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Regulating online news dissemination and broadcasting within the PRC.

Clp Reference: 5600/05.09.25 Promulgated: 2005-09-25 Effective: 2005-09-25

Promulgated: September 25 2005
Effective: as of date of promulgation
Applicability: Those engaging in internet news information services within the PRC shall abide by these Provisions. The term 'news information' means current affairs and political types of news information, including reports or comments on politics, economy, military affairs, diplomacy and other social and public affairs, as well as reports or comments related to unexpected social events. The term 'internet news information services' includes publication of news information, provision of current affairs and political types of electronic messaging services and release of current affairs and political types of communication information to the public through the internet (Article 2). The term 'press work units' means newspaper offices, radio stations, television stations and news agencies established in accordance with the law (Article 32).

Main contents: Internet news information service work units are classified into three categories:
1. internet news information service work units established by press work units that publish news information exceeding the scope of that has been published or broadcast by the press work unit, provide current affairs and political types of electronic messaging services, and release to the public current affairs and political types of communication information;
2. internet news information service work units established by non-press work units that republish news information, provide current affairs and political types of electronic messaging services and release to the public current affairs and political types of communication information; and
3. internet news information service work units established by press work units that publish news information that has already been published or broadcast by the press work unit (Article 5).

An internet news information service work unit co-established by a press work unit and a non-press work unit shall be regarded as an internet news information service work unit established by a press work unit if the press work unit holds an equity interest of not less than 51%, and an internet news information service work unit established by a non-press work unit if the press work unit holds an equity interest of less than 51% (Article 6).
All organizations are prohibited from establishing Sino-foreign equity or cooperative joint venture, or wholly foreign-owned internet news information service work units.Internet news information service work units engaging in cooperation involving internet news information services with Sino-foreign equity or cooperative joint ventures, or wholly foreign-owned enterprises inside or outside China shall report to the Press Office of the State Council for security assessment (Article 9).
News information published or released by internet news information service work units or current affairs and political types of electronic messaging services provided by such work units may not include content that:
1. violates the fundamental principles determined in the Constitution;
2. compromises state security, discloses state secrets, subverts state power or damages national unity;
3. harms the reputation or interests of the state;
4. incites ethnic hatred or racial discrimination or damages inter-ethnic unity;
5. undermines state religious policy or propagates heretical teachings or feudal superstitions;
6. disseminates rumours, disturbs social order or disrupts social stability;
7. propagates obscenity, pornography, gambling, violence or fear or incites the commission of crimes;
8. insults or slanders a third party or infringes upon the lawful rights and interests of a third party;
9. incites illegal assembly, forms organizations, demonstrates, protests, or bands together to endanger social orders;
10. organizes activities in the name of illegal non-government organizations; or
11. constitutes other content prohibited by laws or administrative regulations.

Violation of these Provisions may be subject to a fine of up to Rmb30,000, and suspension of the internet information service or severance of the internet access service provided by the internet service provider (Article 26).

clp reference:5600/05.09.25promulgated:2005-09-25effective:2005-09-25

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