Regulations On The Management Of Internet News And Information Services

　　 general provisions

Article 1 for Standardization Internet News and information services to meet public Internet News information These Provisions are formulated for the purpose of safeguarding national security and public interests, protecting the legitimate rights and interests of Internet news and information service units, and promoting the healthy and orderly development of Internet news and information services.

Article second Internet news and information services in People's Republic of China should be observed. Regulations 。

The term "news information" as mentioned in these Provisions refers to news reports of current affairs, including reports, comments on social and public affairs such as politics, economy, military affairs and diplomacy, and reports and comments on social emergencies.

The term "Internet news information service" as mentioned in these Provisions includes the dissemination of news information through the Internet, the provision of electronic bulletin services for current affairs, and the transmission of current political information to the public.

The third Internet news and information service units shall abide by the Constitution and engage in Internet news and information services. Law And laws and regulations, persisting in serving the people and serving socialism, adhering to the correct direction of public opinion and safeguarding the interests of the state and the public.

The State encourages the Internet news and information service units to disseminate healthy and civilized news information that is beneficial to improving the national quality, promoting economic development and promoting social progress.

Fourth the Information Office of the State Council shall be responsible for the supervision and administration of Internet news and information services throughout the country. The Information Office of the people's governments of provinces, autonomous regions and municipalities directly under the central government shall be responsible for the supervision and administration of Internet news and information services in their respective administrative areas.

　　 The second chapter is the establishment of Internet news and information service units.

The fifth Internet news information service units are divided into the following three categories:

(1) an Internet news information service unit which is set up by news units, which exceeds the published news broadcast of the unit, provides electronic bulletin service for current affairs, and sends current political information to the public.

(two) Internet news and information service units established by non news units, such as reproducing news information, providing electronic bulletin services for current affairs and sending public information about current political affairs to the public;

(three) an Internet news information service unit that has been published by news units and has published news information.

According to the decision of the State Council on setting administrative licensing for the administrative examination and approval items that need to be retained and relevant administrative regulations, the establishment of the Internet news information service unit specified in Item (1) and (two) of the preceding paragraph shall be examined and approved by the Information Office of the state Council.

The establishment of the Internet news information service unit stipulated in paragraph 1 (three) of this article shall be filed 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.

The sixth news units cooperate with non news units to set up an Internet news information service unit. The shareholding of the news unit is not less than 51%, which is regarded as the news unit setting up the Internet news information service unit, and the news unit has less than 51% of the shares.

Article seventh the Internet news information service units set up in the first fifth paragraphs (1) of these Provisions shall meet the following requirements:

　　 (1) there are sound rules and regulations governing the management of Internet news and information services.

(two) there are more than 5 full-time news editors who are engaged in journalism for more than 3 years in news units.

(three) it is necessary to have necessary premises, equipment and funds, and the source of funds should be legal.

The institutions that can apply for the establishment of the Internet news information service units specified in the preceding paragraph shall be the central news units, the news units directly under the provincial, autonomous regions and municipalities directly under the central government, and the news units directly under the municipal government of the provinces and autonomous regions.

The approval of the establishment of the Internet news information service unit stipulated in the first paragraph of this article shall, in addition to the conditions stipulated in this article, be consistent with the requirements of the Information Office of the State Council on the total amount, structure and layout of the development of the Internet news and information service industry.

The eighth set up the Internet news information service unit that stipulates the provisions of the fifth item (two) of the present Provisions, besides having the conditions stipulated in item seventh (1) and (three) of article seventh of this provision, there shall be 10 or more full-time news editors, of whom, there are not less than 5 news editors who engage in news work for more than 3 years.

The organization that can apply for the establishment of the Internet news information service unit in the preceding paragraph shall be a legal person who has been engaged in Internet information services for more than 2 years in accordance with the law. In the past 2 years, it has not been penalized for any violation of the laws, regulations and rules governing the management of Internet information services. If the applicant is an enterprise legal person, the registered capital shall be no less than 10 million yuan.

The approval of the establishment of the Internet news information service unit stipulated in the first paragraph of this article shall, in addition to the conditions stipulated in this article, be consistent with the requirements of the Information Office of the State Council on the total amount, structure and layout of the development of the Internet news and information service industry.

Article ninth no organization shall set up an Internet news information service unit with Sino foreign joint venture, Sino foreign cooperative operation and foreign capital operation.

The Internet news and information service units shall cooperate with the Sino foreign joint ventures, Sino foreign cooperative ventures and foreign-funded enterprises in carrying out the Internet news information service business, and shall report to the Information Office of the State Council for safety assessment.

The tenth application for the establishment of the Internet news information service unit stipulated in the first fifth paragraphs (1) and (two) of this provision shall fill in the application registration form and submit the following materials:

　　 (1) rules and regulations governing the management of Internet news and information services;

(two) the proof of property rights or the certificate of right of use and the proof of the source and amount of funds;

(three) the qualification certificate of news editors.

The institution that applies for the establishment of the Internet news information service unit stipulated in the fifth paragraph (1) of the present Provisions shall also submit the qualification certificate of the news unit, and the organization of the Internet news information service unit that applies for the establishment of the provisions of the fifth item (two) of the present Provisions shall also submit a certificate of legal person qualification. {page_break}

The eleventh article applies for the establishment of the Internet news and information service units under the provisions of item 1 (1) and (two) of the present Provisions. The central news unit shall apply to the Information Office of the State Council; the news units directly under the provincial, autonomous region and municipality directly under the central government, and the news units directly under the municipal government of the provinces and autonomous regions, and the non news units shall apply to the Information Office of the State Council through the Information Office of the people's governments of the provinces, autonomous regions and municipalities directly under the central government in the locality, where the people's governments are located. The eleventh units shall apply to the Information Office of the State Council.

If an application is made by the Information Office of the people's Government of a province, autonomous region or municipality directly under the central government, the Information Office of the people's Government of a province, autonomous region or municipality directly under the central government shall conduct on-site inspection within 20 days from the date of receiving the application, submit a preliminary examination opinion to the Information Office of the State Council, and the new office of the State Council shall make a decision within 40 days from the date of receipt of the preliminary examination opinion. If the application is made to the Information Office of the State Council, the Information Office of the State Council shall conduct on-site inspection within 40 days from the date of receipt of the application and make a decision. If approved, the Internet news information service license shall be issued. If it is not approved, it shall notify the applicant in writing and explain the reasons.

The twelfth Internet news information service units stipulated in the fifth paragraph (three) of the present Provisions belong to the central news unit. They shall be filed with the Information Office of the State Council within 1 months from the date of engaging in the Internet news and information service. Those who belong to other news sites shall be filed with the Information Office of the people's Government of the province, autonomous region or municipality directly under the central government within 1 months from the date of engaging in the Internet news and information service.

When filing the record, the registration form should be filled out, and the rules and regulations for the management of Internet news and information services and the qualification certificates of news units should be submitted.

After the establishment of these thirteenth Internet news information service units in accordance with these Provisions, relevant procedures shall be handled in accordance with the administrative regulations governing the administration of Internet information services.

Fourteenth article fifth, paragraph 1 (1), (two) of the Internet news information service unit changes the name, domicile, legal representative or principal person in charge, ownership structure, service items, website URLs and other matters. It shall apply to the Information Office of the State Council for the issuance of the Internet News information service license. According to the relevant provisions of telecommunication management, it is necessary to report to the competent telecommunications department for approval, or to require the competent telecommunications department to handle the change of the license or the record filing procedures, and shall act in accordance with the relevant provisions.

The provisions of article fifth, paragraph 1 (three), of the provisions of Article 1, paragraph (three), shall change the name, domicile, legal representative or principal person in charge, ownership structure and website address, etc., and shall be re filed with the original archival filing authority. However, if the shareholding structure is changed, the shareholding of the news unit has less than 51%, the licensing procedures shall be handled according to these provisions. According to the relevant provisions of telecommunication management, it is necessary to report to the competent telecommunications department for approval, or to require the competent telecommunications department to handle the change of the license or the record filing procedures, and shall act in accordance with the relevant provisions.

　 The third chapter is Internet news information service specification.

The fifteenth Internet news and information service units shall provide Internet news information services in accordance with approved service items.

The sixteenth article provides that the Internet news and information service units stipulated in the first fifth paragraphs (1) and (two) of this provision shall transmit news information or send public information on current affairs to the public. They shall transmit and transmit news information issued by the central news unit or directly under the news agency of the Province, autonomous region or municipality directly under the central government, and shall indicate the source of the news information, and shall not distort the contents of the original news information.

The Internet news and information service units specified in article fifth, paragraph 1 (two) of this Regulation shall not publish news information of their own cataloguing.

The seventeenth article provides that the Internet news information service units stipulated in the first fifth paragraphs (1) and (two) of this provision shall transmit the news information to the news units directly under the central news unit or directly under the provinces, autonomous regions and municipalities directly under the central government.

Written agreement. The Internet news information service unit set up by the central news unit shall submit a copy of the agreement to the Information Office of the State Council for archival purposes; other Internet news information service units shall submit copies of the agreement to the Information Office of the people's Government of the province, autonomous region and municipality directly under the Central Government where they are located.

The central news units or the news units directly under the provinces, autonomous regions and municipalities directly under the central government shall sign the agreement stipulated in the preceding paragraph, verify the other party's Internet news information service license, and shall not provide news information to the units without the Internet news information service license.

The eighteenth central news units and the Internet news and information service units stipulated in the fifth paragraph (two) of the present Provisions shall carry out the cooperation in Internet news business except for contributions. They shall report to the Information Office of the State Council 10 days before launching the cooperative business. The other news units and the Internet news information service units stipulated in the fifth paragraph (two) of the provisions of this provision shall cooperate with the Internet news service except for contributions. They shall report to the Information Office of the people's Government of the province, autonomous region and municipality directly under the central government 10 days prior to the launching of the cooperative business. {page_break}

Nineteenth news information or news bulletin service provided by Internet news and information service units shall not contain the following contents:

(1) violation of the basic principles established by the constitution;

(two) endangering national security, divulging state secrets, subverting state power and undermining national unity;

(three) damaging the honour and interests of the state;

(four) inciting national hatred, national discrimination and undermining national unity;

(five) to undermine the state's religious policies and propagate evil cults and feudalistic Superstitions;

(six) spreading rumors, disturbing social order and destroying social stability;

(seven) disseminating obscenity, pornography, gambling, violence, terror or abetting crime.

(eight) insulting or slander others, infringing upon the legitimate rights and interests of others;

(nine) inciting illegal gatherings, association, parades, demonstrations, and mobs to disturb social order;

(ten) in the name of illegal NGOs;

(eleven) other contents prohibited by laws and administrative regulations.

The twentieth Internet news information service units should establish a responsibility system for news information content management. No news items that contain the contents of the provisions of the first and nineteenth provisions of the third articles of this Regulation shall be published or transmitted; if the contents of the third articles and nineteenth articles of the present Provisions are found to be found in the electronic bulletin service provided by the provisions of the present regulations, they shall be immediately deleted, and the relevant records shall be kept, and shall be provided by the relevant departments in accordance with the law.

The twenty-first Internet news and information service units shall record the contents and time and Internet addresses of the news and information they have posted and sent, and record the backup shall be kept for at least 60 days, and be provided by relevant departments in accordance with the law.

　　 The fourth chapter is supervision and management.

Twenty-second the Information Office of the State Council and the Information Office of the people's Government of provinces, autonomous regions and municipalities directly under the central government shall supervise and inspect the Internet news and information service units according to law, and the relevant units and individuals shall cooperate with each other.

Staff members of the Information Office of the State Council and the Information Office of the people's Government of the provinces, autonomous regions and municipalities directly under the central government shall produce law enforcement certificates when conducting on-site inspections according to law.

Twenty-third the Information Office of the State Council and the Information Office of the people's Government of the provinces, autonomous regions and municipalities directly under the central government shall supervise the news information services on the Internet. If it is found that the news information posted or transmitted by the Internet news and information service units or the electronic public notice service provided by the current political affairs contains violations of the provisions of the first and nineteenth clauses of the third articles, it shall be notified. Internet news and information service units should immediately delete, keep relevant records, and provide the relevant departments with inquiries according to law.

The twenty-fourth article provides that the Internet news information service units specified in Article 1, item (1) and (two) of the present Provisions belong to the central news unit, and shall submit annual business reports to the Information Office of the State Council within the prescribed time limit. The other news units or non news units shall set up an annual business report to the Information Office of the State Council through the Information Office of the people's Government of the province, autonomous region and municipality directly under the central government within a specified time limit within a specified time limit. The annual report of the annual report is made in accordance with the provisions of the fifth paragraphs (1) and (two).

According to the report, the Information Office of the State Council may inspect the management system, personnel qualifications and service contents of the Internet news and information service units.

The twenty-fifth Internet news and information service units should be subject to public supervision.

The Information Office of the State Council shall publicize the website and telephone of the reported website, accept the public report and deal with it according to law.

The fifth chapter is legal liability.

Twenty-sixth, in violation of the provisions of the fifth second paragraphs of the present Provisions, engaging in the Internet news information service without authorization, or in violation of the provisions of the fifteenth provision, exceeding the approved service items for engaging in Internet news and information services, the Information Office of the State Council or the Information Office of the people's Government of the provinces, autonomous regions and municipalities directly under the central government shall, according to their respective functions and powers, order to stop the illegal activities and impose a fine of not more than 10 thousand yuan or less than 30 thousand yuan. If the circumstances are serious, the Telecommunications Authority shall stop its Internet information service according to the written administrative opinions of the Information Office of the State Council or the people's Government of the provinces, autonomous regions and municipalities directly under the central government, and stop the Internet information service according to the relevant administrative regulations of the Internet information service management, or order the Internet access service to stop the access service.

Twenty-seventh news and information sent by the Internet news and information service units contain nineteenth articles prohibiting the contents of the provisions, or refuse to perform the obligation of deletion. The Information Office of the State Council or the Information Office of the people's Government of the provinces, autonomous regions and municipalities directly under the central government shall give the police a notice, and may be fined under 10 thousand yuan or more than 30 thousand yuan. If the circumstances are serious, the Telecommunications Authority shall stop its Internet information service according to the written administrative opinions of the competent departments concerned, or stop the access service of the Internet access service according to the relevant administrative regulations of the Internet information service administration.

If the news information posted or transmitted by the Internet news and information service unit contains the contents stipulated in the first paragraph of article third of this provision, 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 shall be punished according to their respective functions and powers according to the types and ranges of punishment prescribed in the preceding paragraph.

Twenty-eighth, in violation of the sixteenth provision of this regulation, the news office of the State Council Information Office or the Information Office of the people's Government of provinces, autonomous regions and municipalities directly under the central government shall be ordered to make corrections according to the sixteenth provision of the provisions of the present Provisions, the news information that is not lawfully derived from the original sources, the news or information that distorts the original news and information, and shall be given a warning and a fine of more than 5000 yuan or less.

In violation of the sixteenth provision of these Provisions, where the source of news information is not indicated, the Information Office of the State Council or the Information Office of the people's Government of a province, autonomous region or municipality directly under the central government shall be ordered to make corrections in accordance with their respective functions and powers, giving warning and may impose a fine of not less than 5000 yuan or less than 20 thousand yuan.

Twenty-ninth in violation of these Provisions, one of the following acts shall be ordered by the Information Office of the State Council or the Information Office of the people's Government of a province, autonomous region or municipality directly under the central government in accordance with their respective functions and powers, given a warning, and a fine of not more than 30 thousand yuan shall be imposed.

(1) failing to fulfill the obligation of filing records;

(two) failure to fulfill the reporting obligations;

(three) failure to perform records, record backup, preserve or provide obligations.

Article thirtieth in violation of the provisions of the seventeenth and second provisions of the present Provisions, providing news information to the units without the Internet news information service license, the responsible persons in charge and other persons directly responsible shall be given administrative sanctions according to law.

Article thirty-first the Information Office of the State Council and the Information Office of the people's Government of the provinces, autonomous regions and municipalities directly under the central government and the staff in charge of the telecommunications department shall neglect their duties, abuse their power and engage in malpractices for selfish ends, resulting in serious consequences. If a crime is constituted, they shall be investigated for criminal responsibility according to law; if no crime is constituted, the responsible person in charge and other persons directly responsible shall be given administrative sanction in accordance with the law.

Sixth chapter supplementary provisions

The thirty-second term "news units" as mentioned in these Provisions refers to newspapers, radio stations, television stations and news agencies established according to law. Among them, the central news units include the news units set up by various departments of the central state organs.

The thirty-third provision shall come into force on the date of promulgation.