Measures for the Administration of Internet Information Services

decree of the state council of the people’s republic of china

(No.292)

　 The measures for the administration of Internet information services have been adopted at the 31st executive meeting in the State Council on September 20, 2000, and are hereby promulgated.　

Prime Minister Zhu Rongji

September 25th, 2000

　　the first　These Measures are formulated in order to standardize Internet information service activities and promote the healthy and orderly development of Internet information services.

　　the second　Engaged in Internet information service activities within the territory of People’s Republic of China (PRC), must abide by these measures. The term "Internet information service" as mentioned in these Measures refers to the service activities of providing information to Internet users through the Internet.

　　Article　Internet information services are divided into two categories: operational and non-operational.

　　Operating Internet information service refers to the service activities such as providing information or making web pages to Internet users for compensation through the Internet.

　　Non-operating Internet information service refers to the service activities of providing open and shared information to Internet users free of charge through the Internet.

　　Article 4　The state implements a licensing system for operating Internet information services; The filing system shall be implemented for non-operating Internet information services.

　　Those who have not obtained permission or fulfilled the filing procedures shall not engage in Internet information services.

　　Article 5　Engaged in news, publishing, education, medical care, drugs and medical devices and other Internet information services, in accordance with laws, administrative regulations and the relevant provisions of the state, must be examined and approved by the relevant competent authorities, before applying for a business license or performing filing procedures, it shall be examined and approved by the relevant competent authorities according to law.

　　Article 6　Engaged in business Internet information services, in addition to the requirements stipulated in the "Regulations of People’s Republic of China (PRC) Telecom", it shall also meet the following conditions:

　　(1) Having a business development plan and relevant technical plans;

　　(2) Having sound network and information security measures, including website security measures, information security management system and user information security management system;

　　(three) the service project belongs to the scope of the provisions of article fifth of these measures, and has obtained the consent of the relevant competent departments.

　　Article 7　Engaged in operating Internet information services, it shall apply to the telecommunications regulatory agencies of provinces, autonomous regions and municipalities directly under the Central Government or the competent information industry department of the State Council for a business license for Internet information services value-added telecommunications services (hereinafter referred to as the business license).

　　The telecommunications regulatory agencies of provinces, autonomous regions and municipalities directly under the Central Government or the competent department of information industry of the State Council shall, within 60 days from the date of receiving the application, complete the examination and make a decision on approval or disapproval. If it is approved, a business license shall be issued; If it is not approved, it shall notify the applicant in writing and explain the reasons.

　　After obtaining the business license, the applicant shall go through the registration formalities with the enterprise registration authority with the business license.

　　Article 8　Engaged in non-operating Internet information services, it shall go through the filing procedures with the telecommunications regulatory agencies of provinces, autonomous regions and municipalities directly under the Central Government or the competent information industry department of the State Council. When filing, the following materials shall be submitted:

　　(a) the basic information of the organizer and the person in charge of the website;

　　(2) Website address and service items;

　　(three) the service project belongs to the scope of the provisions of article fifth of these measures, and has obtained the consent documents of the relevant competent departments.

　　The telecommunications regulatory agencies of provinces, autonomous regions and municipalities directly under the Central Government shall record and number the complete filing materials.

　　Article 9　Engaged in Internet information services, intends to set up bulletin board service, should be in the application for operating Internet information service license or for non-operating Internet information services for the record, in accordance with the relevant provisions of the state, put forward a special application or special record.

　　Article 10　The telecommunications regulatory agencies of provinces, autonomous regions and municipalities directly under the Central Government and the competent department of information industry of the State Council shall publish the list of Internet information service providers who have obtained business licenses or fulfilled the filing procedures.

　　Article 11　Internet information service providers shall provide services in accordance with the licensed or filed projects, and shall not provide services beyond the licensed or filed projects.

　　Non-operating Internet information service providers shall not engage in paid services.

　　Where an Internet information service provider changes its service items, website addresses and other matters, it shall go through the change procedures with the original audit, certification or filing authority 30 days in advance.

　　Article 12　Internet information service providers shall indicate their business license number or filing number in a prominent position on the homepage of their websites.

　　Article 13　Internet information service providers should provide good services to Internet users and ensure that the information provided is legal.

　　Article 14　Internet information service providers engaged in news, publishing, electronic announcements and other services shall record the information provided and its release time, Internet address or domain name; Internet access service providers shall record the online time, user account number, Internet address or domain name, calling telephone number and other information of Internet users.

　　The records of Internet information service providers and Internet access service providers shall be kept for 60 days, and shall be provided when the relevant state organs inquire according to law.

　　Article 15　Internet information service providers shall not produce, copy, publish or disseminate information containing the following contents:

　　(a) against the basic principles set by the Constitution;

　　(2) endangering national security, revealing state secrets, subverting state power and undermining national unity;

　　(3) damaging the honor and interests of the state;

　　(4) Inciting national hatred and discrimination and undermining national unity;

　　(5) sabotaging the state’s religious policy and propagating cults and feudal superstitions;

　　(six) spreading rumors, disrupting social order and undermining social stability;

　　(seven) spreading obscenity, pornography, gambling, violence, murder, terror or abetting crime;

　　(8) Insulting or slandering others and infringing upon their legitimate rights and interests;

　　(9) Containing other contents prohibited by laws and administrative regulations.

　　Article 16　If an Internet information service provider finds that the information transmitted by its website obviously belongs to one of the contents listed in Article 15 of these Measures, it shall immediately stop the transmission, keep relevant records and report to the relevant state authorities.

　　Article 17　Business Internet information service providers applying for listing at home and abroad or for joint ventures and cooperation with foreign investors shall be examined and approved by the competent information industry department of the State Council in advance; Among them, the proportion of foreign investment shall comply with the provisions of relevant laws and administrative regulations.

　　Article 18　The competent department of information industry in the State Council and the telecommunications management institutions of provinces, autonomous regions and municipalities directly under the Central Government shall supervise and manage Internet information services according to law.

　　The relevant departments in charge of news, publishing, education, health, drug supervision and administration, industry and commerce administration, public security and national security shall, within their respective functions and duties, supervise and manage Internet information content according to law.

　　Article 19　In violation of the provisions of these measures, without obtaining a business license, engaging in business Internet information services without authorization, or proposing projects beyond the license.
For services, the telecommunications regulatory agencies of provinces, autonomous regions and municipalities directly under the Central Government shall order it to make corrections within a time limit. If there are illegal gains, the illegal gains shall be confiscated and a fine of more than 3 times and less than 5 times shall be imposed; There is no illegal income or illegal income is not
50 thousand yuan, a fine of 100 thousand yuan and 1 million yuan; If the circumstances are serious, it shall be ordered to close the website.

　　In violation of the provisions of these measures, failing to fulfill the filing procedures, engaging in non-operating Internet information services without authorization, or providing services beyond the items filed, the telecommunications regulatory agencies of provinces, autonomous regions and municipalities directly under the Central Government shall order them to make corrections within a time limit; Refuses to correct, shall be ordered to close the website.

　　Article 20　Making, copying, publishing and disseminating information of one of the contents listed in Article 15 of these Measures, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be punished by the public security organ and the state security organ in accordance with the Regulations of the People’s Republic of China on Administrative Penalties for Public Security, the Administrative Measures for the Security Protection of Computer Information Networks and other relevant laws and administrative regulations; For commercial Internet information service providers, the issuing authority shall order them to suspend business for rectification until their business licenses are revoked, and notify the enterprise registration authority; For non-operating Internet information service providers, the filing authority shall order them to temporarily close their websites until they are closed.

　　Article 21　Failing to fulfill the obligations stipulated in Article 14 of these Measures, the telecommunications regulatory agencies of provinces, autonomous regions and municipalities directly under the Central Government shall order them to make corrections; If the circumstances are serious, it shall be ordered to suspend business for rectification or temporarily close the website.

　　Article 22　In violation of the provisions of these measures, if the business license number or filing number is not indicated on the homepage of its website, the telecommunications regulatory agencies of provinces, autonomous regions and municipalities directly under the Central Government shall order it to make corrections and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan.

　　Article 23　In violation of the obligations stipulated in Article 16 of these Measures, the telecommunications regulatory agencies of provinces, autonomous regions and municipalities directly under the Central Government shall order them to make corrections; If the circumstances are serious, the business license of the operating Internet information service provider shall be revoked by the issuing authority, and the website of the non-operating Internet information service provider shall be ordered to close by the filing authority.

　　Article 24　Internet information service providers who violate other laws and regulations in their business activities shall be punished by the relevant departments in charge of news, publishing, education, health, drug supervision and administration, industry and commerce in accordance with the provisions of relevant laws and regulations.

　　Article 25　Telecommunications regulatory agencies and other relevant competent departments and their staff who neglect their duties, abuse their powers, engage in malpractices for selfish ends, and neglect the supervision and management of Internet information services, thus causing serious consequences and constituting a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions such as demotion, dismissal or even dismissal according to law.

　　Article 26　Those who engage in Internet information services before the promulgation of these Measures shall go through the relevant formalities in accordance with the relevant provisions of these Measures within 60 days from the date of promulgation of these Measures.

　　Article 27　These Measures shall come into force as of the date of promulgation.