Laws of the People's Republic of China

Information Office of the State Council, Ministry of Information Industry

Rules on the Administration of Internet News Information Services

Order No.37 [2005] of the Information Office of the State Council , Ministry of Information Industry

September 25, 2005

Chapter I General Provisions

Article 1

The present Rules are formulated in order to regulate Internet news information services, satisfy the demands of the general public for Internet news information, safeguard the national security and public interest, protect the legitimate rights and interests of Internet news information service providers, and promote the healthy and orderly development of Internet news information services.

Article 2

Those who provide Internet news information services with the territory of the People's Republic of China shall abide by the present Rules.

News information as mentioned in the present Rules refers to the news information on current affairs and politics, including the relevant reports and commentaries on politics, economy, military affairs, foreign affairs, and other public affairs, as well as the relevant reports and commentaries on social emergencies.

Internet news information services as mentioned in the present Rules include the services of publishing news information via Internet, providing electronic bulletin services on current affairs and politics, and transmitting communicative information on current affairs and politics to the public.

Article 3

Internet news information service providers shall, when undertaking Internet news information services, abide by the Constitution, laws and regulations, stick to the direction of serving the people and socialism, uphold the correct media guidance, and maintain the national interest and public interest.

The state encourages Internet news information service providers to disseminate healthy and civilized news information which is beneficial to the improvement of the qualities of the nation, beneficial to economic development and conducive to social progress.

Article 4

The Information Office of the State Council is responsible for supervising and administering the Internet news information services throughout China. The information offices of the people's government of the provinces, autonomous regions, or municipalities directly under the Central Government are responsible for supervising and administering the Internet news information services within their own jurisdiction.

Chapter II Establishment of Internet News Information Service Providers

Article 5

Internet news information service providers are classified into the following three categories:

(1)

Internet news information service providers established by news entities to publish the news other than those that have not been published and broadcasted by the said entities, to provide electronic bulletin services relating to current affairs and politics, and to transmit communicative information of current affairs and politics to the public;

(2)

Internet news information service providers established by non-news entities to republish news information, to provide electronic bulletin services relating to current affairs and politics, and to transmit communicative information of current affairs and politics to the public;

(3)

Internet news information service providers established by news entities to publish the news information which has been published or broadcasted by the said news entities.

The establishment of the Internet news information service providers prescribed in Items 1 and 2 of the preceding paragraph shall be subject to the examination and approval of the Information Office of the State Council according to the Decision of the State Council on Establishing Administrative License for the Administrative Examination and Approval Items Really Necessary To Be Retained and other relevant administrative regulations.

The establishment of Internet news information service providers prescribed in Item 3of Paragraph 1 of this Article shall filed for record with the Information Office of the State Council or the information office of the people's government of the province, autonomous region, or municipality directly under the Central Government.

Article 6

Where an Internet news information service provider is jointly established by a news entity and a non-news entity, and the proportion of equity owned by the news entity is no less than 51%, it shall be deemed as established by the news entity; while if the proportion of equity owned by the news entity is less than 51%, such an Internet news information service provider shall be deemed as established by the non-news entity.

Article 7

The applicant shall satisfy the following conditions when applying for the establishment of an Internet news information service provider as prescribed in Item 1 of Paragraph 1 of Article 5 of the present Rules:

(1)

Having sound rules and regulations on the management of Internet news information services;

(2)

Having not less than 5 full-time news editors who have engaged in the news work in a news entity for more than 3 years;

(3)

Having the necessary place, equipment and funds, and the sources of the funds being legal.

An institution which is allowed to apply for establishing an Internet news information service provider as prescribed in the preceding paragraph shall be a news entity of the central government, a news entity directly under the people's government of a province, autonomous region, or municipality directly under the Central Government, or a news entity directly under the people's government of a city where the people's government of the province or autonomous region is located.

With regard to the examination and approval of the establishment of an Internet news information service provider as prescribed in Paragraph 1 of this Article, the applicant shall satisfy not only the conditions prescribed in this Article, but also the requirements of the Information Office of the State Council on the total quantity, structure and layout for the development of the Internet news information service industry.

Article 8

When applying for establishing an Internet news information service provider as prescribed in Item (2) of Paragraph 1 of Article 5 of the present Rules, the applicant shall not only satisfy the conditions prescribed in Items 1 and 3 of Paragraph 1 of Article 7 of the present Rules, but also have not less than 10 full-time news editors, among whom there shall be not less than 5 news editors who have engaged in the news work in a news entity for more than 3 years.

An organization that is allowed to apply for establishing an Internet news information service provider as prescribed in the preceding paragraph shall be a legal person that has lawfully established for more than 2 years to provide Internet information services, and has not been given any administrative sanction within the latest 2 years due to violation of laws, regulations and rules for the administration of Internet information services. If the applicant organization is a legal person of enterprise, its registered capital may not be less than RMB 10 million Yuan.

With regard to the examination and approval of the establishment of an Internet news information service provider prescribed in Paragraph 1 of this Article, the applicant shall satisfy the conditions as prescribed in this Article, but also the requirements of the Information Office of the State Council on the total quantity, structure and layout for the development of the Internet news information service industry.

Article 9

No organization may establish an Internet news information service provider in the form of Sino-foreign joint venture, Sino-foreign cooperation or wholly foreign operation.

Where an Internet news information service provider cooperates with a Sino-foreign joint equity enterprise, or a Sino-foreign cooperative enterprise or a wholly foreign owned enterprise either inside or outside the territory of China in the business relating to Internet news information services, it shall report to the Information Office of the State Council for security evaluation.

Article 10

When applying for establishing an Internet news information service provider prescribed in Item 1 or Item 2 of Paragraph 1 of Article 5 of the present Rules, the applicant shall fill out an application registration form, and submit the following materials:

(1)

Rules and regulations on the management of Internet news information services;

(2)

Certificate on the property right or use right of the place, and the certificate on the sources and amount of funds;

(3)

Qualification certificates of news editors.

An institution applying for the establishment of an Internet news information service provider as prescribed in Item 1 of Paragraph 1 of Article 5 of the present Rules shall submit a certificate on the news entity's eligibility as well. An organization applying for the establishment of an Internet news information service provider as prescribed in Item 2 of Paragraph 1 of Article 5 of the present Rules shall submit a testimonial on the status of legal person as well.

Article 11

A news entity of central government shall file an application to the Information Office of the State Council when applying for the establishment of an Internet news information service provider as prescribed in Item 1 or Item 2 of Paragraph 1 of Article 5 of the present Rules; while a news entity directly under the people's government of a province, autonomous region, or municipality directly under the Central Government or a news entity or non-news entity directly under the people's government of a city where the people's government of a province or autonomous region is located shall file an application to the Information Office of the State Council through the local information office of the people's government of the province, autonomous region, or municipality directly under the Central Government to the Information Office of the State Council.

Where an application is filed through the information office of the people's government of the province, autonomous region, or municipality directly under the Central Government, the information office of the people's government of the province, autonomous region, or municipality directly under the Central Government shall, within 20 days fro the date of receiving the application, conduct on-site inspection and propose its preliminary examination opinions to the Information Office of the State Council; the Information Office of the State Council shall, within 40 days from the date of receiving the preliminary examination opinions, make the decision of whether not to approve it. If the application is filed directly to the Information Office of the State Council, the Information Office of the State Council shall, within 40 days from the date of receiving the application, conduct on-site inspection and make the decision of whether not to approve it. In the case of approval, it shall issue a license for Internet news information services; In the case of disapproval, it shall notify in writing the applicant of such decision and the reason therefor.

Article 12

Where an Internet news information service provider as prescribed in Item 3 of Paragraph 1 of Article 5 of the present Rules is established by a news entity of the central government, it shall be filed the Information Office of the State Council for the record within 1 month from the date of providing Internet news information services; if it is established by any other news entity, it shall be filed for the record with the local information office of the people's government of the province, autonomous region, municipality directly under the Central Government within 1 month from the date of providing Internet news information services.

When going through the formalities for archival filing, the applicant shall fill out a registration from of archival filing, and submit its rules and regulations on the management of Internet news information services as well as the certificate on the news entity's eligibility.

Article 13

An Internet news information service provider shall, according to the relevant administrative regulations for the administration of Internet information services, go through the relevant formalities with the telecommunication administrative department after being established under the present Rules.

Article 14

If an Internet news information service provider as prescribed in Item 1 or Item 2 of Paragraph 1 of Article 5 of the present Rules plans to change its name, domicile, legal representative, person-in-charge, equity structure, service items, website or web address, etc., it shall apply to the Information Office of the State Council for reissuing the license for Internet news information services. In accordance with the relevant provisions on telecommunication administration, where the change needs to be reported to the competent telecommunication department for approval or for issuance of a new license or for record, such matters shall be handled according to the relevant provisions.

If an Internet news information service provider as prescribed in Item 3 of Paragraph 1 of Article 5 of the present Rules plans to change its name, domicile, legal representative, person-in-charge, equity structure, website or web address, etc., it shall report again to the original archival filing organ for record. However, if, the proportion of equity owned by the news entity is less than 51% after the equity structure is changes, the said news entity shall go through the formalities for licensing according to the present Rules. In accordance with the relevant provisions on telecommunication administration, where the change needs to be reported to the competent telecommunication department for approval, for the issuance of a permit or for record, such matters shall be handled according to the relevant provisions.

Chapter III Regulation of Internet News Information Services

Article 15

An Internet news information service provider shall provide Internet news information services according to the approved service items.

Article 16

In case an Internet news information service provider as prescribed in Item 1 or Item 2 of Paragraph 1 of Article 5 of the present Rules republishes any news information or transmits any communicative information on current affairs and politics to the public, it shall republish and transmit the news information published by either news entities of the Central Government or news entities directly under the people's government of a province, autonomous region, or municipality directly under the Central Government, give a clear indication of the sources of the news information, and may not misrepresent the contents of the original news information.

An Internet news information service provider as prescribed in Item 2 of Paragraph 1 of Article 5 of the present Rules may not publish the news information gathered and edited by itself.

Article 17

In case an Internet news information service provider as prescribed in Item 1 or Item 2 of Paragraph 1 of Article 5 of the present Rules republishes any news information, it shall conclude a written agreement with the news entity of the Central Government or the news entity directly under the people's government of a province, autonomous region, or municipality directly under the Central Government. The Internet news information service provider established by a news entity of the Central Government shall submit a copy of the agreement to the Information Office of the State Council for record; while any other Internet news information service provider shall submit a copy of the agreement to the relevant local information office of the people's government for record.

A news entity of the Central Government or a news entity directly under the people's government of a province, autonomous region, or municipality directly under the Central Government shall check the other party's license for Internet news information services when concluding the agreement as prescribed in the preceding paragraph. And it may not provide any news information to an entity that has no license for Internet news information services.

Article 18

In case a news entity of the Central Government plans to cooperate with an Internet news information service provider as prescribed in Item 2 of Paragraph 1 of Article 5 of the present Rules in Internet news services other than making contributions, it shall, 10 days before engaging in business cooperation, report it to the Information Office of the State Council; in case any other news entity plans to cooperate with an Internet news information service provider prescribed in Item 2 of Paragraph 1 of Article 5 of the present Rules in Internet news services other than making contributions, it shall, 10 days before engaging in business cooperation, report it to the relevant local information office of the people's government of the province, autonomous region, or municipality directly under the Central Government.

Article 19

The news information published or transmitted by an Internet news information service provider as well as its any electronic bulletin service on current affairs and politics may not include any of the following contents:

(1)

Those in contravention of basic principles as determined in the Constitution;

(2)

Those that endanger national security, disclose state secrets, subvert the power of the State, or undermine national unification;

(3)

Those harmful to the honor or interests of the State;

(4)

Those provoking ethnic hatred or discrimination, or undermining ethnic solidarity;

(5)

Those breaking religious policies of the State, or blazoning forth evil cults or superstition;

(6)

Those spreading any rumor to disturb the public order and destroy the social stability;

(7)

Those spreading obscenity, eroticism, gambling, violence and terrorism or abetting the commission of crimes;

(8)

Those that insult or slander others, or infringe upon the legitimate rights and interests of others;

(9)

Those that instigate others to hold any assembly, to form any association, or to parade or demonstrate in unlawful ways, or assemble a crowd to disturb the public order;

(10)

The activities carried out in the name of an illegal non-government organization;

(11)

Those containing other contents as prohibited by any law or administrative regulation of the State.

Article 20

An Internet news information service provider shall establish the liability system for news content management. It may not publish or transmit the news information containing any content in violation of Paragraph 1 of Article 3 or Article 19 of the present Rules. Where the electronic bulletin services on current affairs and politics provided by it is found to contain any content violating Paragraph 1 of Article 3 or Article 19 of the present Rules, it shall immediately cut out such content, keep relevant records, and provide them to the relevant department for reference in case of need.

Article 21

An Internet news information service provider shall put on record the contents of the news information it has published or transmitted, as well as the time and Internet web address. The back-up of such records shall be kept for at least 60 days, and shall be available to the relevant department for reference in case of need.

Chapter IV Supervision and Administration

Article 22

The Information Office of the State Council and the information office of the people's government of each province, autonomous region, or municipality directly under the Central Government shall carry out supervision over and inspection of Internet news information service providers according to law; the relevant entities and individuals shall be cooperative in this regard.

The working staff of the Information Office of the State Council or the information office of each people's government of the province, autonomous region, or municipality directly under the Central Government shall show their law enforcement certificates when conducting on-site inspections according to law.

Article 23

The Information Office of the State Council and the information office of the people's government of each province, autonomous region, municipality directly under the Central Government shall carry out supervision over the Internet news information services. Where the news information published or transmitted by an Internet news information service provider or the electronic bulletin services provided by it is found to contain any content in violation of Paragraph 1 of Article 3 or Article 19 of the present Rules, it shall notify the Internet news information service provider to cut out such content. The Internet news information service provider shall cut out such content immediately, keep relevant records, and provide them to the relevant department for reference in case of need.

Article 24

An Internet news information service provider as prescribed in Item 1 or Item 2 of Paragraph 1 of Article 5 of the present Rules shall submit an annual business report to the Information Office of the State Council within the prescribed time limit each year if it is established by a news entity of the Central Government; while if it is established by any other news entity or non-news entity, it shall, through the relevant local information office of the people's government of the province, autonomous region, or municipality directly under the Central Government, submit an annual business report to the Information Office of the State Council within the prescribed time limit each year.

The Information Office of the State Council may, on the basis of the reported information, conduct inspections of the Internet news information service provider's management rules, personnel qualifications and service items, etc.

Article 25

Internet news information service providers shall submit themselves to the public supervision.

The Information Office of the State Council shall publicize its website, web address and telephone number for tip-offs, accept the tip-offs of the general public and deal with them according to law. The tip-offs falling within the scope of other administrative department's duties shall be transferred to that department.

Chapter V Legal liabilities

Article 26

Where an Internet news information service provider unlawfully provides Internet news information services in violation of Paragraph 2 of Article 5 of the present Rules, or provides Internet news information services beyond the ratified service items in violation of Article 15 of the present Rules, the Information Office of the State Council or the information office of the people's government of the province, autonomous region, municipality directly under the Central Government ((as the case may be) shall, within the limits of their respective functions and powers, order it to stop the illegal activities, and impose on it a fine of not less than 10,000 Yuan nor more than 30,000 Yuan. If the circumstances are serious, the telecommunications administrative department shall, in light of the written confirmation opinions of the Information Office of the State Council or the local information office of the people's government of the province, autonomous region, or municipality directly under the Central Government, and in accordance with the relevant administrative regulations for the administration of Internet information services, stop the Internet news information service provider's Internet information services or order the Internet access service provider to stop providing access service to the Internet news information service provider.

Article 27

Where the news information published or transmitted by an Internet news information service provider contains any content prohibited in Article 19 of the present Rules, or, in this case, the Internet news information service provider refuses to perform its obligations of cutting out such content, the Information Office of the State Council or the relevant local information office of the people's government of the province, autonomous region, municipality directly under the Central Government (as the case may be) shall give it a warning, and may impose on it a fine of 10,000 Yuan but not less than 30,000 Yuan, in addition. If the circumstances are serious, the telecommunications administrative department shall, in light of the written confirmation opinions of the relevant competent department, and in accordance with the relevant administrative regulations for the administration of Internet information services, stop the Internet news information service provider's Internet information services or order the Internet access service provider to stop providing access service to the Internet news information service provider.

Where the news information published or transmitted by an Internet news information service provider contain any content in violation of Paragraph 1 of Article 3 of the present Rules, the Information Office of the State Council or the information office of the people's government of the province, autonomous region, or municipality directly under the Central Government (as the case may be) shall, within the limits of their respective functions and powers, punish the Internet news information service provider in light of the types and extents of punishment as prescribed in the preceding paragraph.

Article 28

Where an Internet news information service provider, in violation of Article 16 of the present Rules, republishes any illegally sourced news information, or publishes any news information gathered and edited by itself, or misrepresents any content of the original news information, the Information Office of the State Council or the information office of the people's government of the province, autonomous region, municipality directly under the Central Government (as the case may be) shall, within the limits of their respective functions and powers, order it to make corrections, give it a warning and impose on it a fine of not less than 5,000 Yuan nor more than 30,000 Yuan.

Where an Internet news information service provider fails to indicate the source of any news information in violation of Article 16 of the present Rules, the Information Office of the State Council or the relevant local information office of the people's government of the province, autonomous region, or municipality directly under the Central Government (as the case may be) shall, within the limits of their respective functions and powers, order it to make corrections, give it a warning, and may impose on it a fine of not less than 5,000 Yuan nor more than 20,000 Yuan.

Article 29

Where an Internet news information service provider commits any of the following acts in violation of violates the present Rules, the Information Office of the State Council or the relevant local information office of the people's government of the province, autonomous region, or municipality directly under the Central Government (as the case may be) shall, within the limits of their respective functions and powers, order it to make corrections, give it a warning, and may impose on it a fine of not more than 30,000 Yuan:

(1)

Failing to perform the obligation of applying for the record;

(2)

Failing to perform the obligation of making a report;

(3)

Failing to perform the obligations of making records, preserving or providing the back-up of the records.

Article 30

Where an Internet news information service provider violates Paragraph 2 of Article 17 of the present Rules by providing news information to an entity that has no license for Internet news information services, the persons in charge and other persons held directly liable shall be given administrative sanctions in accordance with the law.

Article 31

Where any of working staff of the Information Office of the State Council or of the local information office of the people's government of a province, autonomous region, or municipality directly under the Central Government, or any of working staff of the telecommunication administrative department neglects his duties, abuses his power, practices favoritism, thus causing serious consequence, he shall be investigated for criminal liabilities according to law if a crime is constituted; if no crime is constituted, the persons in charge and other persons held directly responsible shall be given administrative sanctions in accordance with the law.

Chapter VI Supplementary Provisions

Article 32

News entities as mentioned in the present Rules refers to the newspaper offices, radio stations, television stations and news agencies established according to law; among which, news entities of the central government shall include the news entities established by all relevant departments of the state organs under the Central Government.

Article 33

The present Rules shall go into effect as of the date of promulgation.

Information Office of the State Council

Ministry of Information Industry

September 25, 2005