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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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(May 10, 2003 the Ministry of culture announced 27th) 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 measures for the administration of Internet information services, as well as the relevant provisions of the State, this provision is enacted.
    Article Internet cultural products in these rules is through Internet production, dissemination and distribution of cultural products, mainly including: (a) audiovisual products, (ii) game, (iii) performance drama (), and (iv) art; (e) animation and other cultural products.
    Third article this provides by said Internet culture activities is refers to provides Internet culture products and service of activities, main including: (a) Internet culture products of making, and copy, and imports, and wholesale, and retail, and rental, and play, activities; (ii) will culture products posted in Internet Shang, or through Internet sent to computer, and fixed telephone, and mobile phone machine, and radio, and TV, and game machine, user end, for Internet user browse, and reading, and appreciate, and using or download of online spread 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 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 approved by the administrative departments of culture and telecommunications regulators, 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, propagation is good for improving the quality of national culture, 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 according to relevant laws, regulations and rules, for-profit cultural agencies through a licensing system, filing system imposed on non-commercial Internet culture; culture of the Internet content regulation, sanctions for acts in violation of relevant State regulations.
    The provinces, autonomous regions, municipalities and cultural Administrative Department is responsible for the day-to-day management of the Internet cultural activities within their respective administrative areas, the administrative unit applying for operating Internet cultural activities in the first instance, to apply within their respective administrative areas units engaged in non-commercial Internet culture review, engaged in cultural activities on the Internet within the administrative area of sanctions acts in violation of relevant State regulations.
    Seventh article application established Internet culture units, should meet Internet information service management approach of about provides, and has following conditions: (a) has units of name, and residence, and organization institutions and articles; (ii) has determine of Internet culture activities range; (three) has adapted Internet culture activities need and made corresponding practitioners qualification of business management personnel and professional technicians; (four) has adapted Internet culture activities need of funds, and equipment and work places and corresponding of business management technology measures;
    (V) other conditions stipulated by laws and regulations.
    Approving the establishment of Internet culture, 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 administrative departments after examination, reported to the Ministry of culture for approval.
    Apply for the establishment of a non-commercial Internet culture, 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, and report to the Ministry of culture, for the record.
    Nineth article application established business sex Internet culture units, should submitted following file: (a) applications; (ii) Enterprise name advance approved notice or license and articles; (three) sources, and amounts and credit proved file; (four) statutory representative people or main head and the main business management personnel, and professional technicians of qualification proved and identity proved file; (five) work places right proved file; (six) law need submitted of other file. Application of establishing a profitable Internet culture, provinces, autonomous regions, municipalities and cultural administrative departments shall, from the date of acceptance of the application within 30th preliminary views of first instance qualified, reported to the Ministry of culture for approval; failed, it shall notify the applicant and state the reasons.
    Trial comments received within 30th of the Ministry of culture to approve or disapprove the decision and notify the applicant in writing and approved, sent an Internet culture operation license; not approved, reasons shall be given.
    Tenth Article application established non-business sex Internet culture units, should submitted following file: (a) applications; (ii) articles; (three) sources, and amounts and credit proved file; (four) statutory representative people or main head and the main business management personnel, and professional technicians of qualification proved and identity proved file; (five) work places right proved file; (six) law need submitted of other file.
    Of establishing a culture of non-commercial Internet applications, provinces, autonomous regions, municipalities and cultural administrative departments shall, from the date of acceptance of the application in the 30th to approve or disapprove the decision and notify the applicant in writing and approved by the approval document; not approved, reasons shall be given.
    Section 11th Internet cultural institutions after approval, shall hold an Internet culture operation license or approval, 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 approval number, indicating the information industry Department of the State Council or provincial, autonomous regional and municipal license number issued by the telecommunications authority or file number.
    13th Internet culture unit changes its name, scope of business, merger or Division, should be based on the provisions of article eighth and Nineth, tenth provisions of changed procedures, and administrative sectors of the Internet culture operation license or approval documents to the local telecommunications authority for the procedure. 14th culture unit changes the Internet address, the legal representative or principal responsible person, or terminate the Internet cultural activities, should be to the 30th seat of provinces, autonomous regions, municipalities and cultural Administrative Department for modification or cancellation procedures, and to the relevant provinces, autonomous regions and municipalities directly under the telecommunications regulatory agency for Internet information services business license change or cancellation procedures.
    For-profit cultural agencies go through the modification or cancellation must be reported to the Ministry of culture, for the record.
    15th 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 Ministry of culture or the provinces, autonomous regions and municipalities and cultural administrations to draw attention to log off the Internet culture operation license of Ministry of culture, and notify the relevant province, autonomous region, municipality directly under the telecommunications regulatory agency.
    Non-commercial Internet culture unit obtain approval 180 days after the date of the file is not the Internet cultural activities, approved by the original provinces, autonomous regions and municipalities directly under the approval of the Administrative Department of culture under cancellation file, and notify the relevant province, autonomous region, municipality directly under the telecommunications regulatory agency.
    16th Internet units imported Internet cultural products should be reported to the Ministry of culture for content review. The Ministry of culture shall review applications received within 30th of approval or disapproval decision and notify the applicant.
    Ratification, approval documents; not approved, reasons shall be given.
    17th article Internet culture units shall not provides contains has following content of culture products: (a) against Constitution determine of principles of; (ii) against national unified, and sovereignty and territory full of; (three) leaked national secret, and against national security or damage national honors and interests of; (four) incitement national hatred, and national discrimination, damage national unity, or against national custom, and habits of; (five) promote cult, and superstition of; (six) spread rumors, disrupt social order, damage social stable of;
    (VII) promoting obscenity, gambling, violence, or abet crimes; (VIII) insult or slander others, infringe upon the legitimate rights and interests; (IX) against social morality or national culture and tradition, and (10) of laws, administrative regulations and other contents prohibited by State regulations.
    Article 18th 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 19th cultural institutions should carry out censorship of the Internet, a dedicated reviewers to review Internet cultural products, ensure the legality of Internet cultural products.
    Its inspectors should receive the training, obtain the appropriate qualifications. Article 20th Internet culture Internet cultural products containing the Unit found in the article 17th 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.

    21st Internet culture unit shall record a backup the content of cultural products and time, the Internet address or domain name, record backups should be stored for 60 days, and when the query is in the relevant departments of the State, be made available.
    22nd without approval, arbitrarily engaged in operating Internet cultural activities, the people's Governments above provincial level cultural Administrative Department according to article 17th of the unlicensed investigation against measures, it shall be investigated and dealt with.
    Without approval, arbitrarily engaged in non-commercial Internet cultural activities, Administrative Department of the people's Governments above provincial level cultural rectification; refuses, to order the suspension of the Internet cultural activities, fined a maximum of 1000 Yuan.
    Article 23rd operating Internet cultural activities, violation of the provisions of article 12th, 13th, 14th, 19th, 20th, the people's Governments above provincial level cultural Administrative Department warning, rectification, and fined a maximum of 5000 Yuan.
    Engaged in non-commercial Internet cultural activities, violation of the provisions of article 12th, 13th, 14th, 19th, 20th, the people's Governments above provincial level cultural Administrative Department warning, rectification, and concurrently impose a fine of less than 500 Yuan. 24th article business sex Internet culture units, provides contains this provides 17th article ban content of Internet culture products, or provides without Ministry of culture approved imports of Internet culture products of, by provincial above government culture administrative sector ordered stop provides, no illegal proceeds of, at 10000 Yuan following fine; has illegal proceeds of, confiscated illegal proceeds, and at 1 time times above 3 times times following fine, but highest not over 30000 Yuan; plot serious of, ordered closed reorganization until revoked
    Internet culture operation license. Non-commercial Internet culture, containing the article 17th prohibited content of Internet cultural products, or provided without approval of the Ministry of culture, the import of cultural products on the Internet, the people's Governments above provincial level administrative authority shall order to stop providing, fined a maximum of 1000 Yuan.
    In serious cases, ordered closed until the undo approval documents.
    25th article violates this article 21st, 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.
    26th before the implementation of these provisions in accordance with the relevant provisions of the State has units engaged in Internet culture, shall, within 60 days of the date of these provisions are implemented according to the provisions of article eighth and Nineth and tenth articles go through the audit procedures.
                                                    27th article of the regulations come into force on July 1, 2003.