(September 25, 2005 the State Council information Office, the Ministry of information industry announced come into force on the date of promulgation, 37th) Chapter I General provisions article in order to regulate the Internet news information service to meet public demand for Internet news information, safeguarding national security and public interests, protect the lawful rights and interests of Internet news information service, promote the healthy and orderly development of Internet news information service, and these provisions are formulated.
Article in the People's Republic of China territory of Internet news information service, shall comply with this regulation.
News and information in these rules refers to politics news and information, including those relating to the political, economic, military, diplomatic and other public affairs reports and commentaries, as well as reports and commentaries about the social emergency.
Internet news and information service in these rules, including Internet publishing news and information, politics provided electronic bulletin board service and politics sent communications to the public.
Article Internet news information service units engaged in Internet news information service, shall observe the Constitution, laws and regulations, and adhere to the orientation of serving the people and socialism, adhere to the correct orientation of public opinion and safeguard national interests and public interests.
State encourages Internet news information service units is good for improving the national quality, promote economic development and social progress of healthy and civilized news and information. Fourth information Office of the State Council responsible for the supervision and administration of Internet news information services nationwide.
Provincial, autonomous regional and municipal people's Government Information Office is responsible for the supervision and administration of Internet news information services within the administrative area.
Second chapter Internet news information service units of established fifth article Internet news information service units is divided into following three class: (a) News units established of posted beyond this units has published advertised of news information, and provides politics class electronic announcement service, and to public sent politics class communications information of Internet news information service units; (ii) non-news units established of reproduced news information, and provides politics class electronic announcement service, and to public sent politics class communications information of Internet news information service units;
(C) information unit established publishing units have published advertisements for news and information of Internet news information services unit. According to the administrative approval items really necessary to be retained by the State Council decision of the establishment of an administrative license and relevant administrative regulations, the establishment of the preceding paragraph (a), (b) provision of Internet news information service unit shall be subject to approval of the information Office of the State Council.
Establishment of the first paragraph of this section (c) the provision of Internet news information service unit shall be made to the information Office of the State Council or provincial, autonomous regional and municipal people's Government Information Office.
Article press and establishment of Internet news information services unit not news units, news media have a stake of less than 51%, as news organizations the establishment of Internet news information service unit news units have to below 51%, regarded as not news units set up of Internet news information services unit.
Seventh article established this provides fifth article first paragraph subsection (a) items provides of Internet news information service units, should has following conditions: (a) has sound of Internet news information service management regulations; (ii) has 5 name above in news units engaged in news work 3 years above of full-time news edit personnel; (three) has necessary of places, and equipment and funds, sources should legal.
Provisions of the preceding paragraph shall apply for the establishment of institutions of Internet news information service, should be the Central News units, provinces, autonomous regions and municipalities directly under the press, as well as provinces, autonomous regions, municipalities directly under the press.
Establishment of Internet news information services provisions in the first paragraph of this article, apart from the conditions shall, in accordance with the provisions of this article, and shall conform to the information Office of the State Council on the development of Internet news information services industry total, structure, layout requirements.
Eighth article established this provides fifth article first paragraph subsection (ii) items provides of Internet news information service units, except should has this provides seventh article first paragraph subsection (a) items, and subsection (three) items provides conditions outside, also should has 10 name above full-time news edit personnel; which, in news units engaged in news work 3 years above of news edit personnel not less than 5 name.
Provisions of the preceding paragraph shall apply for the establishment of Internet news information service units of the Organization should be established by law for more than 2 years of legal persons engaged in Internet information services, and in the last 2 years, no violations of the relevant Internet information service management laws, regulations, and rules of administrative punishment; applicant organization for the enterprise, registered capital shall not be less than RMB 10 million.
Establishment of Internet news information services provisions in the first paragraph of this article, apart from the conditions shall, in accordance with the provisions of this article, and shall conform to the information Office of the State Council on the development of Internet news information services industry total, structure, layout requirements.
Nineth no organization may establish Sino-foreign joint ventures, Sino-foreign joint ventures and foreign-funded business unit of Internet news information service.
Internet news information service providers and foreign joint ventures, Sino-foreign joint ventures and foreign-owned businesses involved in Internet news information service cooperation, the security assessment shall be submitted to the State Council information Office.
Tenth Article application established this provides fifth article first paragraph subsection (a) items, and subsection (ii) items provides of Internet news information service units, should fill in application registration form, and submitted following material: (a) Internet news information service management regulations; (ii) places of property proved or right proved and funds of source, and amounts proved; (three) News edit personnel of practitioners qualification proved.
These provisions shall apply for the establishment of fifth article (a) provision of Internet news information service institutions, shall also submit the news media credentials; these provisions shall apply for the establishment of fifth, paragraph (b) provides organization of Internet news information service, should also be submitted to the legal person qualification certificates.
11th article application established this provides fifth article first paragraph subsection (a) items, and subsection (ii) items provides of Internet news information service units, Central News units should to State News Office proposed application; province, and autonomous regions, and municipalities directly under the news units and province, and autonomous regions Government location of city directly under the news units and non-news units should through location province, and autonomous regions, and municipalities Government News Office to State News Office proposed application. By information Office of the people's Governments of provinces, autonomous regions and municipalities to apply provincial, autonomous regional and municipal people's Government Information Office should be carried out from the date of receipt of the application within the 20th spot checks proposed preliminary review opinions submitted to the State Council information office; information office under the State Council shall be 40 days from the date of receipt of preliminary review opinions to make a decision. To apply to the State Council information Office, information Office of the State Council shall, within 40 days of the date of receipt of the application, make spot checks and make a decision.
Approval, to the Internet news information service license; does not approve, and shall notify the applicant in writing and state the reasons.
12th article this provides fifth article first paragraph subsection (three) items provides of Internet news information service units, belongs to Central News units established of, should since engaged in Internet news information service of day up 1 months within State News Office record; belongs to other news units established of, should since engaged in Internet news information service of day up 1 months within location province, and autonomous regions, and municipalities Government News Office record.
When filing, should fill in the registration form, and submitted to the administration of Internet news information services regulations and news media credentials.
Article 13th after the establishment of Internet news information services in accordance with these provisions shall be in accordance with the administrative regulations on the management of Internet information services to the Telecommunications Authority the relevant formalities. 14th article of the article fifth, paragraph (a), (b) provision of Internet news information services unit changes name, domicile, legal representative or major owner, ownership structure, services, Web site and other matters, shall apply to the State Council information Office license renewal of Internet news information service.
According to the relevant provisions of the Telecommunication management, required telecommunications departments or telecommunications authority permits or filing procedures, in accordance with the relevant regulations. First paragraph of the article fifth (c) the provision of Internet news information services unit changes name, domicile, legal representative or principal responsible person, ownership structure, Web site and other matters shall be made to the original filing authority again for the record, however, after the change of ownership structure, news organizations have to below 51%, shall, in accordance with the provisions of licensing procedures.
According to the relevant provisions of the Telecommunication management, required telecommunications departments or telecommunications authority permits or filing procedures, in accordance with the relevant regulations.
15th chapter of Internet news information service specification of Internet news information service unit shall provide Internet news information services according to the approved service project.
16th article of the article fifth subparagraph (a), (b) provision of Internet news information services unit, news information or sent to the public and politics address information shall be reproduced, sending Central News units, or provinces, autonomous regions and municipalities directly under the press releases news and information, and should indicate the source of news and information and must not distort the original news content.
First paragraph of the article fifth (b) provision of Internet news information service providers, shall not be editing their own news and information publication. 17th article this article fifth, paragraph (a), (b) provision of Internet news information services unit of news information, should be the Central News units or provinces, autonomous regions and municipalities directly under the press signed a written agreement. Central News Unit establishment of Internet news information services unit, agreements should be under our public information Office of the State Council for the record; other Internet news information services unit agreement under this location should be provincial, autonomous regional and municipal people's Government Information Office.
Central News units and provinces, autonomous regions and municipalities directly under the press signed agreements provided for in the preceding paragraph shall check each other's Internet news information service license, not to have a license of Internet news information services unit to provide news and information. 18th article Central News units and this provides fifth article first paragraph subsection (ii) items provides of Internet news information service units carried out except feeds zhiwai of Internet news business cooperation, should in carried out cooperation business 10th Qian to State News Office report; other news units and this provides fifth article first paragraph subsection (ii) items provides of Internet news information service units carried out except feeds zhiwai of Internet news business cooperation, should in carried out cooperation business 10th Qian to location province, and autonomous regions, and
Municipality information Office reported. 19th article Internet news information service units posted, and sent of news information or provides of politics class electronic announcement service, shall not contains following content: (a) violation Constitution determine of principles of; (ii) against national security, leaked national secret, Subversion national regime, damage national unified of; (three) damage national honors and interests of; (four) incitement national hatred, and national discrimination, damage national unity of; (five) damage national religious policy, promote cult and superstition of; (six) spread rumors,
Disrupt social order, damage social stable of; (seven) spread obscene, and erotic, and gambling, and violence, and terrorist or abetting crime of; (eight) insult or defamation others, against others lawful rights and interests of of; (nine) incitement illegal rally, and Association, and March, and demonstrations, and mob disrupt social order of; (10) to illegal civil organization name activities of; (11) contains legal, and administrative regulations ban of other content of. 20th of Internet news information services news and information content management system should be established.
Not posted, send a violation of the provisions of the third paragraph, 19th article content for news and information; found politics provided electronic bulletin board service contains a violation of the provisions of the third paragraph, 19th article content, it should be immediately deleted, keep records, and the relevant departments shall be provided in the query.
21st Internet news information service unit shall record the post, send news and information content and time, the Internet address, record backups should be retained for at least 60 days, and relevant departments shall be provided in the query.
Supervision and administration of the fourth chapter article 22nd State Council information Office and the information Office of the people's Governments of provinces, autonomous regions and municipalities, shall conduct supervision and inspection of Internet news information service providers, relevant units and individuals shall be matched.
Information Office of the State Council and the provincial, autonomous regional and municipal people's Government information office staff conduct on-site inspections in accordance with law, shall produce their certificates. 23rd information Office of the State Council and the information Office of the people's Governments of provinces, autonomous regions and municipalities, should the oversight of Internet news information services; Internet news information service providers posted, send news and information politics electronic messaging services provided by or contained in violation of the provisions of the third paragraph, the 19th article content, shall be notified to remove it.
Internet news information service unit should be immediately deleted, keep records, and the relevant departments shall be provided in the query.
24th article this provides fifth article first paragraph subsection (a) items, and subsection (ii) items provides of Internet news information service units, belongs to Central News units established of, should annual in provides term within to State News Office submitted annual business report; belongs to other news units or non-news units established of, should annual in provides term within through location province, and autonomous regions, and municipalities Government News Office to State News Office submitted annual business report.
State Council information Office, according to the report, on the administration of Internet news information service system, personnel qualifications, services such as inspections.
25th of Internet news information services unit should be subjected to public scrutiny.
Information Office of the State Council shall publish reports website, phone, and receive reports from the public and dealt with according to law; reports belonging to the mandates of other departments, should be handed over to relevant departments. Fifth chapter legal responsibility 26th article violation this provides fifth article second paragraph provides, unauthorized engaged in Internet news information service, or violation this provides 15th article provides, beyond approved of service project engaged in Internet news information service of, by State News Office or province, and autonomous regions, and municipalities Government News Office according to their terms ordered stop illegal activities, and at 10,000 yuan above 30,000 yuan following of fine; plot serious of, by telecommunications competent sector according to State News Office or province, and autonomous regions
And municipal people's Government Information Office identified in writing, in accordance with the relevant provisions of the administrative regulations of the administration of Internet information services stop Internet information services or ordered to stop access service to Internet access. 27th of Internet news information services unit posted, send news and information with the article 19th prohibited content, or refusing to perform deletion duty, by the information Office of the State Council or provincial, autonomous regional and municipal people's Government Information Office in a warning, and a fine of less than 10,000 yuan and 30,000 yuan in serious cases, by the telecommunications authorities in accordance with the relevant competent authorities identified in writing,
In accordance with the relevant provisions of the administrative regulations of the administration of Internet information services stop Internet information services or ordered to stop access service to Internet access.
Internet news information service providers posted, send news and information in violation of the provisions of the first paragraph of article content, by the information Office of the State Council or provincial, autonomous regional and municipal people's Government Information Office in accordance with their respective terms of reference in accordance with the penalties provided for in the preceding paragraph type, shall be punished.
28th in violation of the provisions of article 16th, reproduced not from legitimate sources of news and information, published their own editorial news and information or distorting the original news content, by the information Office of the State Council or provincial, autonomous regional and municipal people's Government Information Office in accordance with their respective terms of reference shall be ordered to correct, given a warning and a fine of less than 5000 Yuan and 30,000 yuan.
Violation of the provisions of article 16th, does not indicate the source of news and information, and by the information Office of the State Council or provincial, autonomous regional and municipal people's Government Information Office in accordance with their respective terms of reference shall be ordered to correct and give a warning, and may be fined not more than 5000 Yuan and 20,000 yuan.
29th article in violation of the provisions of the following acts, by the information Office of the State Council or provincial, autonomous regional and municipal people's Government Information Office in accordance with their respective terms of reference shall be ordered to correct, given a warning and a fine of 30,000 yuan the following: (a) failure to perform the obligation of filing, (ii) failure to fulfil reporting obligations, (iii) failure to perform the obligation of recording, record store or backup provides.
30th in violation of the provisions of article 17th paragraph, without license of Internet news information services unit to provide news and information, the persons in charge and other direct liable persons shall be given administrative sanctions.
31st information Office of the State Council, and provincial, autonomous regional and municipal people's Government Information Office and the staff of the Telecommunications Authority, dereliction of duty, abuse of power, favoritism, resulting in serious consequences, constitute a crime, criminal responsibility shall be investigated according to law; does not constitute a crime, the persons in charge and other direct liable persons shall be given administrative sanctions.
Sixth chapter supplementary articles article 32nd news units in these rules refers to the establishment of newspapers, radio stations, television stations and news agencies, in which the Central News units including Central Government departments set up information offices.
33rd article of the provisions come into force on the date of promulgation.
