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互联网站从事登载新闻业务管理暂行规定 Press Office of the State Council and Ministry of Information Industry, Administration of Engagement by Internet Sites in the Business of News Publication Tentative Provisions

2006-05-13 17:07   我要纠错 | 打印 | 收藏 | | |

(Issued on and effective as of 7 November 2000.)
颁布日期:20001107  实施日期:20001107  颁布单位:国务院新闻办公室、 信息产业部

  Article 1 These Provisions have been formulated in order to promote the development of internet news dissemination in China, to regulate the business of news publication on internet sites and to maintain the truthfulness, accuracy and lawfulness of internet news.

  Article 2 These Provisions shall apply to internet sites that engage in the business of news publication within the People's Republic of China.

  For the purposes of these Provisions, "news publication" shall mean the release and republication of news on the internet.

  Article 3 Internet sites that engage in news publication business must abide by the Constitution and laws and regulations.

  The State protects the lawful rights and interests of internet sites that engage in news publication business.

  Article 4 The Press Office of the State Council is in charge of the nationwide administration of the engagement by internet sites in news publication business.

  The press offices of the people's governments of the provinces, autonomous regions and municipalities directly under the central government shall be responsible for administering the engagement by internet sites in news publication business in their respective administrative areas, in accordance with these Provisions.

  Article 5 Upon approval, internet sites lawfully established by central press work units, press work units under the departments of central State authorities or press work units directly subordinate to a province, autonomous region or municipality directly under the central government or to the municipality in which the people's government of a province or autonomous region is located ("News Websites") may engage in news publication business. Other press work units may not establish independent News Websites, but upon approval, may engage in news publication business on news web pages that they have set up on News Websites established by central press work units or press work units directly subordinate to a province, autonomous region or municipality directly under the central government.

  Article 6 The establishment by press work units of News Websites (news web pages) to engage in news publication business shall be reported for examination and approval to the Press Office of the State Council or the press office of the people's government of the relevant province, autonomous region or municipality directly under the central government in accordance with the following provisions:

  1. The establishment of News Websites to engage in news publication business by central press work units shall be subject to examination and approval by the Press Office of the State Council.

  2. The establishment of News Websites to engage in news publication business by press work units under the departments of central State authorities shall be subject to examination and approval by their authority in charge and subsequent approval by the Press Office of the State Council.

  3. The establishment of News Websites to engage in news publication business by press work units directly subordinate to a province, autonomous region or municipality directly under the central government or to the municipality in which the people's government of a province or autonomous region is located shall be subject to examination and approval by the press office of the people's government of the province, autonomous region or municipality directly under the central government in which they are located and subsequent approval by the Press Office of the State Council.

  4. The establishment of news web pages on the News Website of a central press work unit or a press work unit directly subordinate to a province, autonomous region or municipality directly under the central government to engage in news publication business by press work units below the level of a province, autonomous region or municipality directly under the central government shall be subject to examination and approval by the press office of the people's government of the province, autonomous region or municipality directly under the central government in which they are located and subsequently be reported to the Press Office of the State Council for the record.

  Article 7 If general-interest internet sites that have been lawfully established by non-press work units ("General-interest Non-press Websites") meet the conditions specified in Article 9 hereof, they may, upon approval, engage in the business of publishing news released by central press work units, press work units under the departments of central State authorities and press work units directly subordinate to a province, autonomous region or municipality directly under the central government. However, they may not publish news compiled by themselves or news taken from other sources. Other internet sites that have been lawfully established by non-press work units may not engage in news publication business.

  Article 8 The engagement by a General-interest Non-press Website in news publication business pursuant to Article 7 hereof shall be subject to examination and approval by the press office of the people's government of the province, autonomous region or municipality directly under the central government where the website's sponsor is located and subsequent approval by the Press Office of the State Council.

  Article 9 To engage in news publication business, a General-interest Non-press Website shall meet the following conditions:

  1. to have a purpose and rules and regulations for engaging in news publication business that comply with laws and regulations;

  2. to have the necessary news editing structure, funds, equipment and site;

  3. to have a full-time person in charge of news editing who has press-related experience and a professional qualification in specialized news technology at or above intermediate level as well as an appropriate number of full-time news editorial personnel who have professional qualifications in specialized news technology at or above intermediate level; and

  4. to have news sources that conform to the provisions of Article 11 hereof.

  Article 10 To apply to engage in news publication business, an internet site must complete and submit an Application by an Internet Site to Engage in the Business of News Publication centrally printed and issued by the Press Office of the State Council.

  Article 11 To engage in the business of publishing news released by a central press work unit, a press work unit under the department of a central State authority or a press work unit directly subordinate to a province, autonomous region or municipality directly under the central government, a General-interest Non-press Website shall enter into an agreement with the above-mentioned relevant press work unit and submit a copy of the agreement to the press office of the people's government of the province, autonomous region or municipality directly under the central government where the website's sponsor is located.

  Article 12 When a General-interest Non-press Website publishes news released by a central press work unit, a press work unit under the department of a central State authority or a press work unit directly subordinate to a province, autonomous region or municipality directly under the central government, it must specify the source and date of the news.

  Article 13 News published on internet sites may not include contents that:

  1. violates the fundamental principles determined in the Constitution;

  2. compromises State security, discloses State secrets, incites the subversion of State power or damages national unity;

  3. harms the reputation or interests of the State;

  4. incites ethnic hatred or racial discrimination or damages inter-ethnic unity;

  5. undermines State religious policy or propagates heretical teachings or feudal superstitions;

  6. disseminates rumours, fabricates and disseminates artificial news, disturbs social order or disrupts social stability;

  7. propagates obscenity, pornography, gambling, violence or fear or incites the commission of crimes;

  8. insults or slanders a third party or infringes upon the lawful rights and interests of a third party; or

  9. is other content prohibited by laws or regulations.

  Article 14 The linking of an internet site to a News Website outside China and the publication of news released by news media and internet sites outside China must be separately reported for approval to the Press Office of the State Council.

  Article 15 If anyone violates these Provisions by committing any of the following acts, the Press Office of the State Council or the press office of the people's government of the relevant province, autonomous region or municipality directly under the central government shall issue a warning or order rectification within a time limit; or, if the offender has already obtained the qualification to engage in the publication of news and the circumstances are serious, revoke the qualification to engage in the publication of news:

  1. the publication of news without having obtained the qualification to engage in the publication of news;

  2. the publication by a General-interest Non-press Website of news gathered and compiled by itself, news whose source does not conform to the provisions of Article 7 hereof or news whose source is not specified;

  3. the publication by a General-interest Non-press Website of news released by a central press work unit, a press work unit under the department of a central State authority or a press work unit directly subordinate to a province, autonomous region or municipality directly under the central government without having entered into an agreement with such press work unit, or without having carried out the record-filing procedures in respect of the agreement signed;

  4. linking to a news website outside China, and publishing news released by news media or internet sites outside China, without authorization.

  Article 16 If news published on an internet site includes any of the contents described in Article 13 hereof and its publication constitutes a criminal offence, criminal liability shall be pursued according to law. If the publication of such news is insufficient to constitute a criminal offence, the public security authority or the State security authority shall impose administrative punishment in accordance with the relevant laws and administrative regulations.

  Article 17 If news published on an internet site includes any of the contents described in Article 13 hereof or involves any of the circumstances described in Article 15 hereof, the State Council's authority in charge of the information industry or the telecommunication administration authority of the province, autonomous region or municipality directly under the central government may order the closure of the website in accordance with the relevant laws and administrative regulations and revoke the operator's Telecommunications Service Operating Permit.

  Article 18 Internet sites that began to engage in news publication business prior to the implementation of these Provisions must carry out the relevant procedures in accordance with these Provisions within 60 days from the date of implementation hereof.

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

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