Laws of the People's Republic of China

The Ministry of Culture

Decree of the Ministry of Culture of the People's Republic of China

No. 27

The Interim Provisions on the Administration of Internet Culture, which were examined and adopted at the ministerial affairs meeting of the Ministry of Culture on March 4, 2003, are hereby promulgated, and shall come into force on July 1, 2003.

Sun Jiazheng, Minister of the Ministry of Culture

May 10, 2003

Interim Provisions on the Administration of Internet Culture

Article 1

The Provisions are formulated in accordance with the Measures on the Administration of Internet Information Services and the relevant provisions of the state in order to strengthen the administration of Internet culture, guarantee the lawful rights and interests of Internet cultural entities, and promote the healthy and orderly development of China's Internet culture.

Article 2

Internet cultural products mentioned in the Provisions mean the cultural products produced, disseminated and circulated through Internet, which mainly include:

(1)

audio and video products;

(2)

game products ;

(3)

show plays (programs);

(4)

works of art;

(5)

cartoons and other cultural products .

Article 3

Internet cultural activities mentioned in the Provisions mean the activities of providing Internet cultural products and services, which mainly include:

(1)

the activities of producing, reproducing, importing, wholesaling, retailing, leasing or broadcasting Internet cultural products;

(2)

the on-line acts of publishing cultural products on Internet, or sending cultural products through Internet to such user sides as computers, fixed telephones, mobile phones, radios, TV sets, game players, etc. for Internet accessing users' browse, reading, appreciation, use or downloading;

(3)

the activities of exhibitions and competitions, etc. of Internet cultural products.

Internet cultural activities can be divided into two categories, namely, operational and non-operational. Operational Internet cultural activities mean the activities of providing Internet cultural products and services to obtain benefits by charging fees from Internet accessing users or by electronic commerce, advertisement, financial supports, etc. for the purpose of making profits. Non-operational Internet cultural activities mean the activities of providing Internet accessing users with Internet cultural products and services not for the purpose of making profits.

Article 4

Internet cultural entity mentioned in the Provisions means the Internet information service provider which is approved by the administrative department of culture and the administrative organ of telecommunication to engage in Internet cultural activities.

Whoever engages in Internet cultural activities inside the territory of the People's Republic of China shall abide by the Provisions.

Article 5

People engaging in Internet cultural activities shall abide by the Constitution and the relevant laws and regulations, adhere to the orientation of serving the people and serving socialism, carry forward fine folk culture, disseminate ideas, morals and scientific, technical and cultural knowledge beneficial to improving the nationality cultural quality, promoting economic development and social progress, and enrich the people's spiritual life.

Article 6

The Ministry of Culture shall be responsible for making guidelines, policies and planning for the development and administration of Internet culture, supervising the Internet cultural activities nationwide; applying a permit system to operational Internet cultural entities in accordance with the relevant laws, regulations and rules, applying a record system to non-operational Internet cultural entities; supervising the contents of Internet culture, and punishing the acts in violation of the relevant regulations of the state.

The administrative department of culture under the people's government of the province, autonomous region or municipality directly under the Central Government shall be responsible for the daily administration of Internet cultural activities within its own jurisdiction and the preliminary examination of the entities that apply to engage in operational Internet cultural activities within its own jurisdiction, as well as for the examination of the entities that apply to engage in non-operational Internet cultural activities within its own jurisdiction, and the imposition of punishments on the acts of engaging in Internet cultural activities in violation of the relevant regulations of the state within its own jurisdiction.

Article 7

Whoever applies to establish an Internet cultural entity shall conform to the relevant provisions in the Measures on the Administration of Internet Information Services, and shall meet the following conditions:

(1)

having the entity's name, domicile, organizational structure and articles of association;

(2)

having a well-defined scope of Internet cultural activities;

(3)

having business management staff and professional technicians who have obtained the corresponding qualifications fitting in with the needs of Internet cultural activities;

(4)

having funds, equipment and work sites fitting in with the needs of Internet cultural activities as well as corresponding management and technical measures;

(5)

other conditions prescribed in laws and regulations.

For the approval of the establishment of an Internet cultural entity, the applicant shall, in addition to meeting the conditions enumerated in the preceding paragraph, conform to the planning on the total number, structure and distribution of Internet cultural entities.

Article 8

Whoever applies to establish an operational Internet cultural entity shall file the application to the administrative department of culture under the people's government of the province, autonomous region or municipality directly under the Central Government at its locality. The administrative department of culture under the people's government of the province, autonomous region or municipality directly under the Central Government shall, after its consent to it upon preliminary examination, submit the application to the Ministry of Culture for approval.

Whoever applies to establish a non-operational Internet cultural entity shall file the application to the administrative department of culture under the people's government of the province, autonomous region or municipality directly under the Central Government at its locality. The administrative department of culture under the people's government of the province, autonomous region or municipality directly under the Central Government shall, after granting the approval upon examination, submit the application to the Ministry of Culture for record.

Article 9

Whoever applies to establish an operational Internet cultural entity shall submit the following documents:

(1)

the application letter;

(2)

the written notification on pre-approval of the enterprise name or the business license and the articles of association;

(3)

sources and amount of funds and the documents on proof of the applicant's credit;

(4)

the documents on proof of qualifications and identity of the legal representative or main responsible persons as well as the main management staff and professionals;

(5)

the documents on proof of the right to use the work site;

(6)

other documents to be submitted in accordance with the law.

For anyone who applies to establish an operational Internet cultural entity, the administrative department of culture under the people's government of the province, autonomous region or municipality directly under the Central Government shall, within 30 days as of the receipt of the application, give its opinion on preliminary examination; if the application is preliminarily examined as qualified, the said administrative department shall submit it to the Ministry of Culture for approval; if it is preliminarily examined as unqualified, the said administrative department shall notify the applicant and state the reason thereof. The Ministry of Culture shall, within 30 days as of the receipt of the opinion on preliminary examination, make a decision on whether to approve the application, and notify the applicant in writing; if the application is approved, a "Network Cultural Business Permit" shall be issued to the applicant; if the application is not approved, the reason shall be stated.

Article 10

Whoever applies to establish a non-operational Internet cultural entity shall submit the following documents:

(1)

the application letter;

(2)

the articles of association;

(3)

sources and amount of funds and the documents on proof of the applicant's credit;

(4)

the documents on proof of qualifications and identity of the legal representative or main responsible persons as well as the main management staff and professionals;

(5)

the documents on proof of the right to use the work site;

(6)

other documents to be submitted in accordance with the law.

For anyone who applies to establish a non-operational Internet cultural entity, the administrative department of culture under the people's government of the province, autonomous region or municipality directly under the Central Government shall, within 30 days as of the receipt of the application, make a decision on whether to approve the application, and notify the applicant in writing; if the application is approved, an approval document shall be issued to the applicant; if the application is not approved, the reason shall be stated.

Article 11

Whoever applies to establish an Internet cultural entity shall, after being approved, bring the "Network Cultural Business Permit" or approval document to the administrative organ of telecommunication at its locality or the administrative department of information industry under the State Council to go through the relevant formalities in accordance with the Measures on the Administration of Internet Information Services.

Article 12

An Internet cultural entity shall, at an eye-catching position on the home page of its website, mark the serial number of the "Network Cultural Business Permit" issued by the administrative department of culture or the serial number of the approval document, and the serial number of the permit for business operation issued by the administrative department of information industry under the State Council or the administrative organ of telecommunication of the province, autonomous region or municipality directly under the Central Government, or the serial number of the record.

Article 13

Where an Internet cultural entity changes its name or scope of business, or is merged or divided, it shall, in accordance with Articles 8, 9 and 10 of the Provisions, go through the formalities for modification, and bring the "Network Cultural Business Permit" or approval document issued by the administrative department of culture to go through the corresponding formalities in the local administrative organ of telecommunication.

Article 14

Where an Internet cultural entity changes its address, legal representative or main responsible person, or terminates the Internet cultural activities, it shall, within 30 days, go through the formalities for modification or cancellation in the administrative department of culture under the people's government of the province, autonomous region or municipality directly under the Central Government at its locality, and go through the formalities for modification or cancellation of its permit for Internet information services business operation in the administrative organ of telecommunication of the related province, autonomous region or municipality directly under the Central Government. An operational Internet cultural entity must, when going through the formalities for modification or cancellation, report to the Ministry of Culture for record.

Article 15

Where an operational Internet cultural entity fails to carry out Internet cultural activities before the expiry of 180 days as of the day when it obtains the "Network Cultural Business Permit" and makes the enterprise registration in accordance with the law, the Ministry of Culture shall, either by itself or upon the request by the administrative department of culture under the people's government of the province, autonomous region or municipality directly under the Central Government that handled the original examination, cancel the "Network Cultural Business Permit", and meanwhile notify the administrative organ of telecommunication of the related province, autonomous region or municipality directly under the Central Government.

Where a non-operational Internet cultural entity fails to carry out Internet cultural activities before the expiry of 180 days as of the day when it obtains the approval document, the administrative department of culture under the people's government of the province, autonomous region or municipality directly under the Central Government that handled the original examination shall cancel the approval document, and meanwhile notify the administrative organ of telecommunication of the related province, autonomous region or municipality directly under the Central Government.

Article 16

An Internet cultural entity shall, if to import Internet cultural products, report to the Ministry of Culture for examination of the contents.

The Ministry of Culture shall, within 30 days as of the receipt of the application letter for examination of the contents, make a decision on whether to approve the application, and notify the applicant. If the application is approved, an approval document shall be issued to the applicant; if the application is not approved, the reason shall be stated.

Article 17

An Internet cultural entity shall not supply a cultural product containing any of the following contents:

(1)

that which defies the basic principles determined in the Constitution;

(2)

that which endangers the unity of the nation, sovereignty or territorial integrity;

(3)

that which divulges secrets of the State, endangers national security or damages the honor or benefits of the State;

(4)

that which incites the nation hatred or discrimination, undermines the solidarity of the nations, or infringes upon national customs and habits;

(5)

that which propagates evil cults or superstition;

(6)

that which spreads rumors and disturbs the public order or destroys the public stability;

(7)

that which propagates obscenity, gambling, violence or instigates crimes;

(8)

that which insults or libels others, or infringes upon the lawful rights and interests of others;

(9)

that which endangers public ethics or the fine folk culture;

(10)

that which contains other contents prohibited by laws, administrative regulations or by the state.

Article 18

Where a cultural product supplied by an Internet cultural entity infringes upon the lawful rights and interests of a citizen, legal person or other organization, the Internet cultural entity shall bear the civil liability in accordance with the law.

Article 19

An Internet cultural entity shall apply a system of examination, under which there shall be special examiners who examine the Internet cultural products, so as to guarantee the lawfulness of the Internet cultural products. The examiners shall accept trainings and obtain the corresponding employment qualifications before holding their posts.

Article 20

Where an Internet cultural entity finds that an Internet cultural product it supplies contains any of the contents listed in Article 17 of the Provisions, it shall immediately suspend the supply, reserve the relevant records, and report to the administrative department of culture under the people's government of the province, autonomous region or municipality directly under the Central Government at its locality, and make a copied report to the Ministry of Culture.

Article 21

An Internet cultural entity shall record the contents in the back-up of the cultural products, the time and Internet web address or domain name of the back-up. The back-up of the records shall be kept for 60 days, and be provided when the relevant department of the state intends to inquire them in accordance with the law.

Article 22

Whoever engages in operational Internet cultural activities without approval shall be investigated and punished by the administrative department of culture under the people's government at the provincial level or above in accordance with Article 17 of the Measures for Investigating, Punishing, and Banning Business Operation without License.

Whoever engages in non-operational Internet cultural activities without approval shall be ordered by the administrative department of culture under the people's government at the provincial level or above to make a correction within a time limit; if it refuses to make a correction, it shall be ordered to suspend the Internet cultural activities, and be imposed upon a fine of not more than 1,000 Yuan.

Article 23

Whoever engages in operational Internet cultural activities by violating Articles 12, 13, 14, 19 and 20 of the Provisions shall be warned by the administrative department of culture under the people's government at the provincial level or above, be ordered to make a correction within a time limit, and be imposed upon a fine of not more than 5,000 Yuan.

Whoever engages in non-operational Internet cultural activities by violating Articles 12, 13, 14, 19 and 20 of the Provisions shall be warned by the administrative department of culture under the people's government at the provincial level or above, be ordered to make a correction within a time limit, and be imposed upon a fine of not more than 500 Yuan.

Article 24

Where an operational Internet cultural entity supplies Internet cultural products containing any content prohibited by Article 17 of the Provisions, or supplies Internet cultural products not approved by the Ministry of Culture to be imported, it shall be ordered by the administrative department of culture under the people's government at the provincial level or above to suspend such supply, and be imposed upon a fine of not more than 10,000 Yuan if there are no illegal proceeds; or be imposed upon a fine of 1 time or more but 3 times or less of the illegal proceeds if any, provided that the fine shall not exceed 30,000 Yuan; if the case is serious, it shall be ordered to cease its business for rectification up to suspension of its "Network Cultural Business Permit".

Where a non-operational Internet cultural entity supplies Internet cultural products containing any content prohibited by Article 17 of the Provisions, or supplies Internet cultural products not approved by the Ministry of Culture to be imported, it shall be ordered by the administrative department of culture under the people's government at the provincial level or above to suspend such supply, and be imposed upon a fine of not more than 1,000 Yuan. If the case is serious, it shall be ordered to cease its business for rectification up to revocation of its approval document.

Article 25

Whoever violates Article 21 of the Provisions shall be ordered by the administrative organ of telecommunication of the province, autonomous region or municipality directly under the Central Government to make a correction; if the case is serious, it shall be ordered by the administrative organ of telecommunication of the province, autonomous region or municipality directly under the Central Government to cease its business for rectification or to temporarily close its website .

Article 26

The entities that have already engaged in Internet cultural activities in accordance with the relevant provisions of the state prior to the effectiveness of the Provisions shall, within 60 days as of the effectiveness of the Provisions, make up for the formalities of examination in accordance with Articles 8, 9 and 10 of the Provisions.

Article 27

The Provisions shall come into force on July 1, 2003.