Interim Administrative Provisions on Websites Engaging in the Business of Posting News

0 CommentsPrint E-mail ChinaITLaw.org, January 20, 2010
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Article 11. General Non-News Websites that engage in the business of posting news that is released by news units of the central government, news units of various departments of state agencies of the central government and news units directly under provinces, autonomous regions and municipalities directly under the central government shall enter into agreements with the relevant aforementioned news units and file for the record copies of such agreements with the information office of the People's Government of the province, autonomous region or municipality directly under the central government where the sponsoring unit is situated.

Article 12. General Non-News Websites posting news that is released by news units of the central government, news units of various departments of state agencies of the central government and news units directly under provinces, autonomous regions and municipalities directly under the central government shall specify the source and date of the news.

Article 13. News posted on websites may not contain the following content:

(1) content that violates the basic principles determined by the Constitution;

(2) content that impairs national security, divulges State secrets, incites and subverts State sovereignty or jeopardizes national unity;

(3) content that damages the reputation and interests of the State;

(4) content that incites ethic hostility and ethnic discrimination or jeopardizes unity among ethic groups;

(5) content that damages State religious policies or that advocates sects or feudal superstitions;

(6) content that disseminates rumors, invents and disseminates false news, disturbs the social order or damages social stability;

(7) content that disseminates obscenity, pornography, gambling, violence and terror or incites crime;

(8) content that insults or slanders others or that infringes their lawful rights and interests; and

(9) other content prohibited by laws or regulations.

Article 14. Websites that link with overseas news websites or that post news released by overseas news media and websites shall apply to the Information Office of the State Council for separate approval.

Article 15. Those who violate these Provisions under any of the following circumstances shall be given warnings and ordered to rectify the situation within a prescribed period of time by the Information Office of the State Council or the information offices under the People's Government of provinces, autonomous regions and municipalities directly under the central government; in serious cases, those who have obtained qualification to engage in the business of posting news shall have such qualification revoked:

(1) those who have not obtained qualification to engage in the business of posting news and post news without authorization;

(2) General Non-News Websites post news that they have reported and written themselves or that has been derived from sources other than as stipulated under Article 7 hereof, or they fail to specify the source of news;

(3) General Non-News Websites fail to enter into agreements with the news unit of the central government and various departments of the state agencies of the central government or the news units of provinces, autonomous regions and municipalities directly under the central government but post news released by such units without authorization, or have not carried out filing procedures with respect to executed agreements;

(4) those who link to overseas news websites or post news released by overseas news media or websites without going through approval and authorization.

Article 16. When posting news on a website that contains any of the content set forth in Article 13 hereof constitutes a criminal offense, criminal responsibility will be affixed in accordance with the law. When it does not constitute a criminal offense, administrative punishment will be imposed by the public security authority or the national security authority in accordance with the provisions of the relevant laws and administrative regulations.

Article 17. Websites that post news that contains any of the content set forth in Article 13 hereof or that have any of the circumstances listed in Article 15 hereof will be ordered to close and their Operating Permit for Telecommunications Business shall be revoked by the supervisory department for the information industry under the State Council or the telecommunications administration authorities of provinces, autonomous regions and municipalities directly under the central government in accordance with the provisions of the relevant laws and administrative regulations.

Article 18. Websites already engaging in the posting of news prior to the implementation of these Provisions shall carry out the relevant procedures in accordance with these Provisions within 60 days from the date of implementation of these Provisions.

Article 19. These Provisions shall be implemented from the date of promulgation.

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