Interim Provisions On The Administration Of Internet Culture

Original Language Title: 互联网文化管理暂行规定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201108/20110800347885.shtml

Interim provisions on the administration of Internet culture

    (February 17, 2011 51st release of Ministry of culture come into force on April 1, 2011) first in order to strengthen the management of Internet culture, protect the legitimate rights and interests of Internet culture, promote the healthy and orderly development of China's Internet culture, in accordance with the decision of the national people's Congress Standing Committee on safeguarding Internet security and the management of Internet information services, as well as relevant provisions of the national laws and regulations, this provision is enacted.

    Article Internet cultural products in these rules is through Internet production, dissemination and distribution of cultural products, mainly including:

    (A) production network specifically for Internet music entertainment, network performance, network game show (Festival), network performance, network art, animation and other cultural products on the Internet;

    (B) will perform music, entertainment, games, drama (section), performances, art, animation and other cultural products to certain technical means, copying, dissemination of Internet cultural products on the Internet.

    Article Internet cultural activities in these rules refers to the activity of Internet cultural products and services, including:

    (A) the production of cultural products on the Internet, copy, import, distribution, broadcasting and other activities;

    (B) cultural products available on the Internet, or via the Internet, mobile communication network and information network to the computer, fixed telephone, mobile phones, televisions, game consoles and other clients and Internet online service business premises such as Internet cafes, for users to browse, enjoy, use or download the online dissemination of behavior;

    (C) the Internet cultural products, exhibitions, competitions and other activities. Internet cultural activities are divided into two types of operational and non-operational. Refers to operating Internet cultural activities for profit-making purposes, by charging Internet users or to e-commerce, advertising, sponsorship and other ways to get benefits, provision of Internet cultural products and services activities.

    Non-operating Internet cultural activities is a not for profit available to Internet users through the Internet activities of cultural products and services.

    Article fourth Internet culture in these rules refers to the administrative departments of culture and telecommunications regulatory approval or for the record, Internet information service providers engaged in cultural activities on the Internet.

    People's Republic of China Internet cultural activities within the territory, these provisions shall apply.

    Article fifth Internet cultural activities shall abide by the Constitution and other relevant laws and regulations, and adhere to the orientation of serving the people and socialism, and carry forward the national culture, communication helps improve public cultural quality, promote economic development, the promotion of social ethics, science and cultural knowledge, enriching the spiritual life of the people.

    Sixth section Ministry of culture is responsible for the development of Internet culture and management guidelines, policies and planning, supervision and management of the national cultural activities on the Internet.

    The provinces, autonomous regions, municipalities and cultural administration of applications for operating Internet cultural activities for approval, units engaged in non-commercial Internet culture for the record. Government administrative departments at and above the county level shall be responsible for supervision and administration of Internet cultural activities within their respective administrative areas.

    People's Governments above the county level administrative departments of culture or cultural market comprehensive law enforcement agencies to engage in cultural activities on the Internet in violation of the relevant regulations impose sanctions.

    Seventh application for the establishment of commercial Internet culture unit, shall comply with the relevant provisions of the measures for the administration of Internet information services, and meet the following conditions:

    (A) the unit's name, address, and organization and articles of Association;

    (B) determining the scope of Internet cultural activities;

    (C) meet the needs of cultural activities on the Internet and obtain a corresponding qualification of 8 or more business executives and professional and technical personnel;

    (D) meet the needs of cultural activities on the Internet devices, and the corresponding management and technical measures in the workplace;

    (E) not less than 1 million yuan in registered capital, which applies to engage in the online game business should have registered capital of no less than 10 million Yuan;

    (F) comply with conditions stipulated by laws, administrative regulations and the relevant State.

    Approving the establishment of for-profit cultural unit, except in accordance with the conditions set out in the preceding paragraph, shall conform to the total amount of Internet culture, structure and layout planning.

    Eighth applying for the establishment of commercial Internet culture unit, it should be to the local cultural administration of provinces, autonomous regions and municipalities to apply, the people's Governments of provinces, autonomous regions and municipalities directly under the cultural administration departments for approval.

    Nineth apply for establishing a commercial Internet culture unit, shall submit the following documents:

    (A) the application;

    (B) the business name prior approval written notice or a licence and articles of Association;

    (C) funding sources, amounts and credit documents;

    (D) the legal representative, the head of the main managerial, professional and technical personnel qualifications and identity document;

    (E) proof of use in the workplace;

    (F) the business report;

    (VII) other documents need to be submitted in accordance with law. Application of establishing a profitable Internet culture, provinces, autonomous regions, municipalities and cultural administrative departments shall, from the date of acceptance of the application made within 20th approval or disapproval decision.

    Approved and issued an Internet culture operation license, and announced to the public; not approved, shall notify the applicant in writing and state the reasons. The Internet culture operation license is valid for 3 years.

    Has expired, the need to continue to engage in business, should be applied for renewal on expiry before 30th.

    Tenth non-commercial Internet culture unit, seat of shall, within 60 days from the date of the establishment of provinces, autonomous regions and municipalities and cultural administration departments, and submit the following documents:

    (A) filing the report;

    (B) the articles of Association;

    (C) funding sources, amounts and credit documents;

    (D) the legal representative or principal responsible person, the main management staff, professional and technical personnel qualifications and identity document;

    (E) proof of use in the workplace;

    (Vi) other documents are needed.

    Section 11th established for-profit cultural agencies after approval, shall hold an Internet culture operation license, in accordance with the relevant provisions of the measures for the administration of Internet information services, telecommunications regulatory agencies or, where the information industry Department go through relevant procedures.

    12th Internet culture should be indicated prominently on its Web site home page issued by the administrative departments of culture the Internet culture operation license number or filing number indicate the information industry Department, or province, autonomous regions and municipalities directly under the Telecommunications Authority issued license number or filing number.

    13th commercial Internet culture change company name, website name, website domain name, legal representative, registered addresses, business addresses, registered capital, shareholding structure and licensing business, shall from the date of change in the 20th to the seat of provincial, autonomous regional and municipal people's Government administrative departments for cultural change.

    Non-commercial Internet culture unit changes its name or address, the scope of the legal representative or principal responsible person, the business shall, within 60 days from the date of change to the seat of provincial, autonomous regional and municipal people's Government administrative departments for filing procedures.

    14th for-profit cultural agencies to terminate Internet cultural activities, shall from the date of termination within 30th seat of provinces, autonomous regions, municipalities and cultural Administrative Department for cancellation procedures.

    For-profit cultural agencies obtained an Internet culture operation license and according to law 180 days after the date of registration is not the Internet cultural activities, approved by the original provinces, autonomous regions and municipalities administrative departments of culture cancelled an Internet culture operation license, notify the relevant provinces, autonomous regions and municipalities directly under the telecommunications regulatory agency.

    Non-operational unit to stop Internet culture Internet cultural activities from the original filing of the province, autonomous region, municipality cultural administration cancellation record, notify the relevant provinces, autonomous regions and municipalities directly under the telecommunications regulatory agency.

    15th imported Internet cultural products should be issued by the cultural administration of the Internet culture business operating unit of Internet culture, imported Internet cultural products should be reported to the Ministry of culture for content review. The Ministry of culture shall from the date of accepting an application for review within the 20th (not including the time required for expert review) to approve or disapprove the decision.

    Ratification, approval documents; not approved, reasons shall be given. Imported Internet cultural products should be approved, in its prominent position indicating the approval number of the Ministry of culture, are not allowed to change the product name or product content are added or removed.

    Within one year from the date of approval was not operating in mainland China, importers shall be submitted to the Ministry of culture for the record and explain the reasons and decided to terminate the import, the Ministry of culture revoked its approval number.

    Profitable Internet units operating Internet cultural products should be made from operation above 30th in the cultural administration departments, and marked in its prominent position the Ministry of culture for the record numbers, specific measures shall be prescribed separately.

    16th Internet culture unit shall provide cultural products that contain the following:

    (A) against the basic principles of the Constitution;

    (B) harm national unity, sovereignty and territorial integrity;

    (C) divulge State secrets, endangered national security or harm national honor and national interests;

    (D) incitement to ethnic hatred or ethnic discrimination, undermining national unity, or violate the national customs and habits;

    (E) promote cults and superstition;

    (Vi) spread rumors, disturbs social order and undermine social stability;

    (VII) promoting obscenity, gambling, violence, or abet crimes;

    (VIII) insult or slander others, infringe upon the legitimate rights and interests;

    (I) endanger social morality or national cultural traditions;
(J) the laws, administrative regulations and other contents prohibited by State regulations.

    17th Internet cultural products offered by cultural institutions, so that the legitimate interests of citizens, legal persons or other organizations against Internet culture unit shall bear civil liabilities according to law.

    Article 18th units shall establish a system of Internet culture, explicitly specialized units, equipped with professional staff self-inspection and management of Internet cultural products and activities, safeguard the legality of Internet cultural products and activities.

    Article 19th Internet culture Internet cultural products containing the Unit found in the article 16th one of the listed shall immediately cease to provide, keep records, to the local provinces, autonomous regions and municipalities report of cultural administration and reported to the Ministry of culture.

    20th Internet culture unit shall record a backup the content of cultural products and time, the Internet address or domain name records and backups should be kept for 60 days, and relevant departments of the State shall be provided when the query.

    Article 21st without approval, arbitrarily engaged in operating Internet cultural activities, the people's Governments above the county level administrative departments of culture or cultural market comprehensive law enforcement agency in accordance with the operating without investigating the banned method, it shall be investigated and dealt with.

    Non-commercial Internet culture in violation of this article 22nd article tenth, fails to go through the formalities, the people's Governments above the county level administrative departments of culture cultural market comprehensive law enforcement agency or rectification; refuses, to order the suspension of the Internet cultural activities and fined a maximum of 1000 Yuan.

    23rd violates this article 12th commercial Internet culture, the people's Governments above the county level administrative departments of culture cultural market comprehensive law enforcement agency or rectification, and according to the seriousness of 10000 Yuan fine.

    Non-commercial Internet culture in violation of the provisions of article 12th, the people's Governments above the county level administrative departments of culture cultural market comprehensive law enforcement agency or rectification; refuses, to order the suspension of the Internet cultural activities, and concurrently impose a fine of less than 500 Yuan.

    Profitable Internet culture in violation of the provisions of article 24th 13th article, the people's Governments above the county level administrative departments of culture or cultural market comprehensive law enforcement agency ordered corrective action and illegal income shall be confiscated and fined a maximum of 10000 Yuan more than 30000 in serious cases, ordered closed until the revocation of the Internet culture operation license constitutes a crime, criminal responsibility shall be investigated according to law.

    Non-commercial Internet culture in violation of this article 13th, the people's Governments above the county level administrative departments of culture cultural market comprehensive law enforcement agency or rectification; refuses, to order the suspension of the Internet cultural activities and fined a maximum of 1000 Yuan.

    25th for-profit cultural agencies in violation of the provisions article 15th operating imported Internet cultural products that are not marked in its prominent position the Ministry approval number, operating domestic cultural products on the Internet is not prominently indicate the record number of the Ministry of culture, the people's Governments above the county level administrative departments of culture or cultural market comprehensive law enforcement agency ordered corrective action, and according to the seriousness of 10000 Yuan fine.

    26th article business sex Internet culture units violation this provides 15th article, unauthorized change imports Internet culture products of name or deletions content of, by County above government culture administrative sector or culture market integrated law enforcement institutions ordered stop provides, confiscated illegal proceeds, and at 10000 Yuan above 30000 Yuan following fine; plot serious of, ordered closed reorganization until revoked network culture business license; constitute crime of, law held criminal.

    27th for-profit cultural agencies in violation of the provisions article 15th operation overdue domestic Internet cultural products and cultural administration departments, the people's Governments above the county level administrative departments of culture or cultural market comprehensive law enforcement agency ordered corrective action, and according to the seriousness of 20000 RMB fine.

    28th article business sex Internet culture units provides contains this provides 16th article ban content of Internet culture products, or provides without Ministry of culture approved imports of Internet culture products of, by County above government culture administrative sector or culture market integrated law enforcement institutions ordered stop provides, confiscated illegal proceeds, and at 10000 Yuan above 30000 Yuan following fine; plot serious of, ordered closed reorganization until revoked network culture business license; constitute crime of, law held criminal.

    Non-commercial Internet culture, containing the banned content of Internet cultural products article 16th or without approval of the Ministry of culture imported Internet cultural products provided, the people's Governments above the county level administrative departments of culture or cultural market comprehensive law enforcement agencies ordered to stop providing, fined a maximum of 1000 Yuan and constitutes a crime, criminal responsibility shall be investigated according to law.

    Article 29th of Internet culture in violation of the provisions of article 18th, the people's Governments above the county level administrative departments of culture or cultural market comprehensive law enforcement agency ordered corrective action, and according to the seriousness of 20000 RMB fine.

    Article 30th profitable Internet culture in violation of the provisions of article 19th, by the people's Governments above the county level administrative departments of culture or cultural market comprehensive law enforcement agencies warning, rectification, and fined a maximum of 10000 Yuan.

    31st in violation of the provisions of article 20th, by provinces, autonomous regions and municipalities directly under the telecommunications regulatory agency ordered corrective action in serious cases, by provinces, autonomous regions and municipalities directly under the telecommunications regulators ordered closed or ordered to temporarily shut down the site.

    32nd article this alleged cultural market comprehensive law enforcement agency means, in accordance with national laws, regulations and rules of the relative centralized exercise of administrative sanctions in the field of culture the right and related powers of supervision and inspection, administrative enforcement power in administrative law-enforcement agencies.

    33rd article culture administrative sector or culture market integrated law enforcement institutions investigation illegal business activities, in accordance with implementation illegal business behavior of enterprise registered to or Enterprise actual business to for jurisdiction; enterprise registered to and actual business to cannot determine of, by engaged in illegal business activities website of information service license to or record to for jurisdiction; no license or record of, by the website server location jurisdiction; website server set in outside of, by violations occurred to for jurisdiction. 34th article of the regulations come into force on April 1, 2011. Published on May 10, 2003, July 1, 2004, to amend the provisional regulations on the administration of Internet culture be abrogated.