Shanghai Jerry Group Inc. - China Business Consultants

All 19 articles of latest Web news regulations

The State Council Information Office and the Ministry of Information Industry recently issued provisional regulations governing news Web sites, according to a Nov. 7 People's Daily report. The new regulations are as follows:

Article 1: These regulations are enacted in order to promote the development of online news broadcasting in China, to standardize online news broadcasting, and to maintain the authenticity, accuracy and legality of online news.

Article 2: These regulations apply to all online news broadcasting businesses operating in the PRC. News broadcasting hereafter refers to the release or republishing of news on the Internet.

Article 3: Web sites should observe the constitutions, laws and regulations when providing news broadcasting services. The legal right of Web sites to run news business is protected by the state.

Article 4: The Information Office of the State Council is ultimately responsible for the administration of all news Web sites in China. The Information Office of the government of the province, autonomous region, or city directly under the central government is responsible for the administration of such Web sites in its administrative area as are governed by these regulations.

Article 5: Web sites set up legally by news agencies directly under the central government, State departments, provincial and autonomous region governments, and cities directly under the central government (hereafter referred as news Web sites) may run news broadcasting businesses with the approval of the appropriate authority.

Other news agencies are not allowed to set up Web sites independently. However, they may provide news-broadcasting services on news Web sites administered by the state-controlled media with the approval of the appropriate authority.

Article 6: Online news broadcasts are subject to examination and approval by the Information Office of the State Council and by the provincial or autonomous region government or city government directly under the central government in accordance with the following stipulations:

News Web sites administered by central government news agencies shall be approved by the Information Office of the State Council;

News Web sites administered by the departmental news agencies of the central government shall be examined and approved by the responsible administrative departments before applying for ultimate approval from the Information Office of the State Council;

News Web sites set up by the news agencies of the governments of provincial and autonomous regions and cities directly under the central government shall be examined and approved by the Information Office of their respective local government before applying for approval from the Information Office of the State Council; and

News Web pages on the above-mentioned Web sites set up by news agencies under the government of provincial and autonomous regions and the cities directly under the central government shall be examined and approved by the Information Offices of the provincial and autonomous region governments and the cities directly under the central government and also file a record at the Information Office of the State Council.

Article 7: Comprehensive Web sites legally set up by non-news agencies (hereafter referred to as comprehensive non-news Web sites) may reprint news released by the news agencies in the above-mentioned articles with approval of authorized bodies, if they meet the requirements set forth in Article 9 of this regulation. Release of news from their own sources and other sources is forbidden. Web sites legally set up by non-news agencies are not allowed to report original news.

Article 8: News broadcasting services offered by comprehensive non-news Web sites shall be examined and approved by the Information Offices of provincial and autonomous region governments and the cities directly under the central government before applying for final approval from the Information Office of the State Council.

Article 9: Comprehensive non-news Web sites want to publish news reprints are required to adhere to the following conditions:

Their goals and regulations comply with laws and regulations governing news business;

They have a news editing team, funding, facility and venue;

They have a professional news editing manager with related work experience and middle rank or above skill, and other editors with the same experience; and

News information source must be in accordance with Article 11.

Article 10: A special application form for Web sites engaging in news business, formulated by the Information Office of the State Council, must be filled out and submitted upon applying to administer this type of business.

Article 11: Whenever news released by the news agencies of the above-mentioned governmental institutions is used by comprehensive non-news Web sites, a formal agreement is necessary and a duplicate of the agreement must be sent to the Information Office of the local government for filing.

Article 12: In reprinting news released by the news agencies of the above-mentioned governmental institutions, comprehensive non-news Web sites shall specify the news source and the exact date of publication.

Article 13: A prohibition is placed on Web site content with these qualities:

Opposes the national constitution;

Endangers state security, reveals state secrets, incites subversion of state political power, or disrupts the unity of the state;

Damages the state's honor and welfare;

Incites the hatred or discrimination of minority nationalities or sabotages unity among ethnic groups;

Damages national religious policies or spreads heretical ideas and superstitions;

Spreads rumors, fabricates or perpetuates false news, disturbs social order and social stability;

Encourages pornography, gambling, violence, terrorism or the solicitation of crimes;

Insults or libels others or infringes on the legal rights of others; or

Disseminates information prohibited by laws and regulations.

Article 14: The linkage of Web sites with overseas news Web sites for news reprinting is subject to the approval of the Information Office of the State Council.

Article 15: The Information Office of the state or provincial and autonomous region governments and the cities directly under the central government shall warn and correct violators within prescribed time limits if any of the following situations occur; in serious cases, violatorsĄŻ news business certificate will be revoked:

Web sites release news without the permission to operate;

Comprehensive non-news Web sites release original news from their own sources or from sources that do not conform to Article 7 of this regulation, or do not specify the news source;

Comprehensive non news Web sites reprint news without first having in place an agreement with the information office of one of the above-mentioned governmental institutions, or the signed agreements have not been put on file; or

Web sites link to overseas Web sites without approval or reprint the news from such sources.

Article 16: If news Web sites publish content prohibited in Article 13, they shall assume criminal responsibility. If the publication of prohibited material did not constitute a crime, the violating Web site will be dealt administrative punishment by a public safety organization or a state securities organization in accordance with the relevant laws and administrative regulations.

Article 17: If news Web sites publish content prohibited in Article 13 or Article 15, the State Department of the Information Industry or the telecommunications administrative bodies of the provincial and autonomous region governments or the cities directly under the central government shall order those Web sites be shut down and shall revoke their telecommunications business licenses.

Article 18: Those Web sites which operated news services before the promulgation of these regulations are required to demonstrate adherence to them within 60 days of their promulgation.

Article 19: These regulations are enacted as of the date of their promulgation.