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TABLE OF CONTENTS CHAPTER I GENERAL RULES CHAPTER II ADMINISTRATIVE EXAMINATION AND APPROVAL, AND SUPERVISION AND ADMINISTRATION CHAPTER III RIGHTS AND OBLIGATIONS OF THE INTERNET PUBLISHING AGENCIES CHAPTER IV RULES FOR PUNISHMENT CHAPTER V MISCELLANEOUS CHAPTER I GENERAL RULES Article 1. In order to strengthen the administration of Internet publishing activities, to safeguard the legitimate rights and interests of Internet publishing agencies and to promote the healthy and orderly development of the Internet publication undertakings of China, these Provision have been enacted in accordance with the Regulations on the Administration of Publication and the Measures for the Administration of Internet Information Service. Article 2. Whoever engages in the Internet publishing activities shall abide by the Constitution and the relevant laws and regulations, stick to serving the people and the socialism, spread and accumulate all the ideals and ethics, science and technology, and cultural knowledge that are conducive to raising the national quality, boosting the economic development and promoting the social advance, and enrich the spiritual life of the people. Article 3. These Provisions shall apply to the Internet publishing activities within the territory of the People's Republic of China. Article 4. The General Administration of Press and Publication (hereinafter referred to GAPP) shall be responsible for the administration of Internet publication of the whole country, its main duties include: (1) Formulating the plan on Internet publication of the whole country and organizing the implementation of the plan; (2) Formulating the guidelines, policies and rules on the administration of Internet publication; (3) Formulating the plan on the total number, structure and layout of the Internet publishing agencies across the country, and organizing the implementation of the plan; (4) Making advance examination and approval of the Internet publishing agencies; and (5) In accordance with the relevant laws, regulations and rules, supervising the contents of the Internet publication and punishing the acts that violate the publication regulations of the State. The administrative departments of press and publication of the provinces, autonomous regions and municipalities directly under the Central Government shall, within their respective administrative areas, be responsible for the daily administration of Internet publication, the examination of those applying for engaging in the Internet publication business, and the punishment of the acts that violate the publication regulations of the State. Article 5. The Internet publication used in these Provisions shall refer to the on-line communication acts of the Internet information service providers to, after selection and edition, publish the works produced by themselves or by others on the Internet or to send out the works via the Internet to the users for public browse, read, use or download. The works shall mainly include: (1) The books, newspapers, periodicals, audio and video products, electronic publications, that have been officially published, and the works that have been publicly released on other medias; and (2) The edited works on literature, art and natural science, social science or engineering technology. The Internet publishing agencies used in these Provisions shall refer to the Internet information service providers that have been approved by the administrative departments of press and publication and the telecommunication administrations. CHAPTER II ADMINISTRATIVE EXAMINATION AND APPROVAL, AND SUPERVISION AND ADMINISTRATION Article 6. Whoever wishes to engage in the Internet publishing activities must get the approval first. No unit or individual may carry out the Internet publishing activities without approval. No organization or individual may interfere with, hinder or disrupt the Internet publishing activities carried out by the Internet publishing agencies pursuant to law. Article 7. Those engaging in the Internet publishing business shall, apart from meeting the conditions provided for by the Measures for the Administration of Internet Information Service, meet the following conditions: (1) Having definite scope of publication; (2) Having articles of association in compliance with laws and regulations; (3) Having necessary editing and publishing setups and professionals; and (4) Having the fund, equipment and place adequate to the need of publication business. Article 8. When applying for engaging in the Internet publication business, the sponsor shall file the application with the local administrative department of press and publication of the province, autonomous region or municipality directly under the Central Government, and the application shall, after being approved by the administrative department mentioned above, be reported to the GAPP for examination and approval. Article 9. Whoever applies for engaging in the Internet publication business shall submit the following materials: (1) Application Form for Internet Publication Business uniformly printed and distributed by the GAPP; (2) Articles of association of the agency; (3) Source and amount of the fund, and the credit certification thereof; (4) Certification of professional titles and certification of identifications of the principal or the legal representative, and of the major editors and technicians; and (5) Certification of the use of the work place. Article 10. The administrative department of press and publication shall, within 60 days from the day of accepting the application, make the decision on whether to approve it or not, and the local administrative department of press and publication of the province, autonomous region or municipality directly under the Central Government shall notify the sponsor in written form; for those not approved, the reasons shall be explained. Article 11. After the Internet publication business has been approved, the sponsor shall, taking the documents of approval of the administrative department of press and publication, go through the relevant procedures at the telecommunication administration of the province, autonomous region or municipality directly under the Central Government. CHAPTER III RIGHTS AND OBLIGATIONS OF THE INTERNET PUBLISHING AGENCIES Article 12. An Internet publishing agency shall clearly indicate on its homepage the number of the documents of approval granted by the administrative department of press and publication. Article 13. Where an Internet publishing agency changes its name or sponsor, or merges or splits, it shall go through the procedures for alteration according to Article 8 and Article 9 of these Provisions, and shall, taking the documents of approval of the administrative department of press and publication, go through the corresponding procedures at the bodies of telecommunication administration of the province, autonomous region or municipality directly under the Central Government. Article 14. Where an Internet publishing agency terminates its Internet publication business, the sponsor shall, within 30 days from the day of terminating the Internet publication business, go through the procedures for writing-off at the local administrative department of press and publication of the province, autonomous region or municipality directly under the Central Government, and report to the GAPP for record. And at the same time, it shall go through the procedures for alteration or writing-off of the license for operation of Internet information service business at the telecommunication administration of the relevant province, autonomous region or municipality directly under the Central Government. Article 15. Where an Internet publishing agency hasn't carried out the Internet publishing activities within 180 days from the day of registration, the administrative department of press and publication that originally made the registration shall write off it and report to the GAPP for record, and at the same time, circulate a notice to the telecommunication administration of the relevant province, autonomous region or municipality directly under the Central Government. Article 16. The Internet publishing agencies' major development projects involving state security or social stability, shall be reported to the GAPP for record pursuant to the provisions on the putting-on-record of major development projects. Any major development project that hasn't been put on record may not be published. Article 17. Internet publications may not contain the following contents: (1) Those against the fundamental principles set forth by the Constitution; (2) Those harming the state consolidation, sovereignty and territorial integrity; (3) Those divulging the state secrets, harming the state security or damaging the state honor or interests; (4) Those inciting hatred or discrimination among the nationalities, undermining the national unification or infringing upon the customs or habits of the nationalities; (5) Those advocating vicious religions or superstitions; (6) Those spreading rumors, disrupting the social order or undermining the social stability; (7) Those advocating obscenity, gambling or violence, or instigating others to commit crimes; (8) Those insulting or defaming others, or impairing the legitimate rights and interests of others; (9) Those harming the social morality or the excellent cultural traditions of the nationalities; or (10) Those containing other contents forbidden by laws and regulations of the state. Article 18. The Internet publication targeted at minors may not contain any content that induces the minors to imitate the acts against social morality or the acts of illegalities or crimes, as well as any horrible or cruel content that impairs the physical and mental health of the minors. Article 19. Where the untrue or unjust contents of Internet publication cause infringement upon the legitimate rights of any individual, legal person or other organization, the Internet publishing agency shall make public corrections, eliminate the bad effects and bear the civil liabilities pursuant to law. Article 20. Where an Internet publishing agency finds out any work it published or sent out that contains the contents listed in Article 17 and Article 18 of these Provisions, it shall immediately stop publishing or sending it out, keep the relevant records, report to the local administrative department of press and publication of the province, autonomous region or municipality directly under the Central Government, and send a copy of the report to the GAPP. Article 21. The Internet publishing agencies shall adopt the system of editor's responsibility, and must have special editorial staff to examine the contents published, thus to guarantee the legality of the contents of the Internet publication. The editorial staff of the Internet publishing agencies shall receive training before they take on their posts. Article 22. Internet publishing agencies shall keep record of the contents of the works it published and sent out, as well as the time, and IP address or domain name thereof, the record shall be kept for 60 days and be provided when the relevant departments of the state make inquiries pursuant to law. Article 23. Whoever engages in the Internet publishing activities shall observe the laws and regulations of the State on copyright, and shall indicate the copyright record related to the works published or sent out. CHAPTER IV RULES FOR PUNISHMENT Article 24. Whoever engages in the Internet publishing activities without approval shall be banned by the administrative department of press and publication of the province, autonomous region or municipality directly under the Central Government, or by the GAPP, the main equipment and special tools used in the illegal publishing activities, as well as the illegal gains shall be confiscated, if the illegal business income amounts to 10,000 yuan or more, the offender shall be concurrently imposed on a fine of more than 5 times of but less than 10 times of the illegal business income. If the illegal business income is less than 10,000 yuan, the offender shall be concurrently imposed on a fine of more than 10,000 yuan but less than 50,000 yuan. Article 25. Whoever violates Article 12 of these Provisions shall be warned by the administrative department of press and publication of the province, autonomous region or municipality directly under the Central Government, or by the GAPP, and shall be concurrently imposed on a fine of more than 5,000 yuan but less than 50,000 yuan. Article 26. Whoever violates Article 16 of these Provisions shall be ordered to stop publishing or sending out the works of major development projects that haven't been put on record, be warned by the administrative department of press and publication of the province, autonomous region or municipality directly under the Central Government, and be concurrently imposed on a fine of more than 10,000 yuan but less than 50,000 yuan; where the circumstances are serious, the offender shall be ordered to stop the business for rectification within the prescribed period or the approval shall be cancelled. Article 27. As for the Internet publishing agency that publishes or sends out the forbidden contents prescribed in Article 17 and Article 18 of these Provisions, the administrative department of press and publication of the province, autonomous region or municipality directly under the Central Government or the GAPP shall confiscate its illegal gains, and, if the illegal business income amounts to 10,000 yuan or more, concurrently impose on the offender a fine of more than 5 times but less than 10 times of the illegal business income. If the illegal business income is less than 10,000 yuan, concurrently impose on the offender a fine of more than 10,000 yuan but less than 50,000 yuan; where the circumstances are serious, the offender shall be ordered to stop the business for rectification within the prescribed period or the approval shall be cancelled. Article 28. Whoever violates Article 22 of these Provisions shall be ordered to make corrections by the telecommunication administration of province, autonomous region or municipality directly under the Central Government; where the circumstances are serious, the offender shall be ordered to stop the business for rectification within the prescribed period or to close down the website temporarily. CHAPTER V MISCELLANEOUS Article 29. Those having engaged in the Internet publishing activities pursuant to the relevant provisions of the state prior to the implementation of these Provisions shall go through the procedures for examination and approval in accordance with Article 8 and Article 9 of these Provisions within 60 days from the day of implementation of these Provisions. Article 30. These Provisions shall come into force as of August 1, 2002. |
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