Promulgated on: 27 June 2002

Promulgated by: The General Administration of Press and Publications and the Ministry of Information Industry

Effective from: 1 August 2002

Chapter 1 General Principles

Articles 1. These Provisions are formulated in accordance with the Administrative Regulations on Publishing and the Administrative Measures Governing Internet Information Services, in order to strengthen the administration of Internet Publishing activities, to safeguard the legitimate rights and interests of Internet publishing organizations, and to accelerate the healthy and orderly development of China's Internet publishing undertakings.

Articles 2. The conduct of Internet publishing activities shall conform to the Constitution and the relevant laws and regulations, adhere to the orientation of serving the people and serving socialism, shall involve the dissemination and gathering of ideas and ethics, scientific technology and cultural knowledge which are beneficial to the enhancement of the nation, the promotion of economic development and the speeding up of social progress, and shall enrich the spiritual life of the people.

Articles 3.These Provisions are applicable to all Internet publishing activities conducted within the territory of China.

Articles 4.The General Administration of Press and Publications is responsible for the supervision and administration of Internet publishing work nationwide. Its main functions and duties are:

(1) formulating national Internet publishing plans and organizing their implementation;

(2) formulating general and specific policies and regulations on Internet publishing;

(3) formulating national plans on the total number, structure and geographical distribution of Internet publishing organizations, and organizing their implementation;

(4) pre-examining and approving the establishment of Internet publishing organizations; and

(5) supervising and censuring the contents of publications in accordance with the relevant laws, regulation and rules, and imposing penalties on acts involving violation of the laws of the state on publishing.

The press and publications bureaus of provinces, autonomous regions and directly administered municipalities shall be responsible for routine administrative work in relation to Internet publishing within their respective administrative regions. They shall conduct examination and verification of applications for engaging in Internet publishing business in their respective administrative regions, and impose penalties on acts involving violation of the laws of the state on publishing in their respective administrative regions.

Article 5. The term "Internet publishing" used in these Provisions refers to acts of online transmission by Internet information service providers who, after selection and editing, publish their own or others' works on the Internet or send such works through the Internet to users' terminals for them to browse, read, use or download. These works include mainly the following:

(1) contents of publications that have been formally published, such as contents of books, newspapers, periodical magazines, audio-visual products, electronic publications, and works that have been published in other types of media;

(2) edited works of various genres, including literature, arts, natural science, social science, engineering technology, etc.

The term " Internet publishing organizations" used in these Provisions refers to Internet information service providers who have been approved to engage in Internet publishing business by administrative departments in charge of press and publications and organs responsible for the administration of telecommunications.

Chapter II Administrative examination and Approval, Supervision and Control

Article 6. Anyone engaging in Internet publishing activities shall have obtained approval. Without approval no unit or individual may engage in Internet publishing activities. When Internet publishing organizations conduct Internet publishing activities in accordance with the law, they shall not be interfered with, prevented or undermined by any organization or individual.

Article 7. For anyone to engage in Internet publishing business, in addition to the conditions stipulated in the "Administrative Measures Governing Internet Information Services", the following conditions shall be met:

(1) having a defined business scope;

(2) having articles of association that comply with the laws and regulations;

(3) having the necessary editing and publishing organizations and specialized professional personnel; and

(4) having funds, equipment and premises appropriate to the requirements of the publishing business.

Article 8. An application for engaging in Internet publishing business shall be submitted by the principal operator to the press and publications administrative department of the province, autonomous region or directly administered municipality in which the principal operator is located. After the application has been examined and consented to by the press and publications administrative department of the province, autonomous region or directly administered municipality, it shall be reported to the General Administration of Press and Publications for examination and approval.

Articles 9. The following documents shall be submitted when applying to engage in Internet publishing business:

(1) a uniform "Application Form for Internet Publishing Business" produced and issued by the General Administration of Press and Publications;

(2) articles of association of the organization;

(3) certificates on the sources of funds, the amount of funds, and credit;

(4) specialized professional title certificates and identity certificates of the principal person in charge or the legal representative, key editors and technicians; and

(5) a certificate for the use of work premises.

Article 10. The administrative department in charge of press and publications shall make a decision on whether to approve or reject an application within sixty (60) days from the date of receiving it. The principal operator shall be notified in writing of the decision by the press and publication administrative department in the province, autonomous region or directly administered municipality in which it is located. Reasons must be given where an application is rejected.

Articles 11. After the Internet publishing business has been approved, the principal operator must, by presenting the approval document of the press and publications administrative department, carry out the relevant procedures with the telecommunications administrative organ in the relevant province, autonomous region or directly administered municipality.

Chapter III Rights and Obligations of Internet Publishing Organizations

Article 12. An Internet publishing organization shall clearly place the approval document number issued by the press and publications administrative department on the homepage of the organization's website.

Articles 13. When an Internet publishing organization changes its name or the principal operator, or undergoes a merger or division, it shall carry out formalities for the change in accordance with Article 8 and Article 9 of these Provisions, and, by presenting the approval document of the press and publications administrative department, undertake the relevant procedures with the telecommunications administrative organ in the relevant province, autonomous region or directly administered municipality.

Article 14. Where an Internet publishing organization terminates its Internet publishing business the principal operator shall carry out formalities for the cancellation with the press and publications administrative department in the province, autonomous region or directly administered municipality in which it is located, within thirty (30) days from the date of termination of the Internet publishing business, and shall report it to the General Administration of Press and Publications for filing for the record. In the meantime, procedures for the alteration or cancellation of the permit for Internet information service business shall be carried out with the telecommunications administrative organ in the relevant province, autonomous region or directly administered municipality.

Article 15. Where an Internet publishing organization has not commenced Internet publishing activities within one hundred and eighty (180) days from the date of registration, the department for press and publications administration which originally granted the registration shall cancel the registration, and report the matter to the General Administration of Press and Publications for filing for the record. At the same time it shall also inform the telecommunications administrative organ in the relevant province, autonomous region or directly administered municipality.

Article 16. When an Internet publishing organization is to publish works which involve major and important topics such as national security and social stability, it shall report this to the General Administration of Press and Publications for filing for the record in accordance with provisions regarding the filing of major and important topics. No major and important topic shall be published without having been filed.

Article 17. Internet publications shall not carry any contents that:

(1) go against the fundamental principles set out in the Constitution;

(2) endanger national unity, sovereignty territorial integrity;

(3) leak state secrets, endanger national security ort damage the state's honour, or harm the interests of the state;

(4) incite ethnic hatred and ethnic discrimination, undermine solidarity among all nationalities, or infringe on the customs and practices of nationalities;

(5) advocate religious cults and superstition;

(6) disseminate rumours to disrupt the social order and undermine social stability;

(7) disseminate obscene materials, advocate gambling and violence or instigate others to commit crimes;

(8) humiliate or defame other persons or infringe upon the legitimate rights and interests of others;

(9) threaten social virtue and national exemplary cultural traditions; or

(10) other contents that are prohibited by laws, administrative regulations and provisions of the state.

Article 18. Internet publications that are targeted at minors must not contain material which induces minors to imitate criminal activities or to imitate acts which contravene social virtue, or contain horror or cruel material which jeopardizes the physical and mental health of minors.

Article 19. Where the legitimate rights and interests of a citizen, legal person or other organization have been infringed upon as a result of the falseness or injustice of the contents of an internet publication, the Internet publishing organization shall make a public correction, eliminate the effect therefrom and bear civil liability according to the law.

Article 20. Where an Internet publishing organization discovers that works to be published or transmitted have any of the contents as provided in Article 17 and Article 18 of these Provisions, it shall immediately stop the publication or transmission, keep the relevant records, and report the matter to the press and publications administrative department of the province, autonomous region or directly administered municipality in which the said organization is located, and at the same time send a copy of the report to the General Administration of Press and Publications.

Article 21. An Internet publishing organization shall implement a system of editorial responsibility. There must be editors especially responsible for the checking of the content of publications to ensure the legality of the contents of Internet publications. Editors of an Internet publishing organization shall receive training before taking up their position.

Article 22. An Internet publishing organization must maintain a record of the contents of its publications, the time of publishing and the websites or domain names. The record must be kept for sixty (60) and shall be provided to any relevant state departments that conduct investigations in accordance with the law.

Article 23. Those engaging in Internet publishing activities shall abide by the state laws and regulations on copyright, and shall indicate clearly the copyright records related to works being published or transmitted.

Chapter IV Penalties

Article 24. Those who engage in Internet publishing activities without approval shall be penalized by the press and publications administrative department of the relevant province, autonomous region or directly administered municipality or by the General Administration of Press and Publications. The major equipment to be used in engaging in illegal publishing activities, the major special tools and any illicit gains shall be confiscated. In addition, where the gain from illegal operations is over RMB 10,000, a fine or more than five times and less than 10 times of the value of the illegal operation shall be imposed; where the value of illegal operations is less than RMB 10,000, a fine of more than RMB 10,000 and less than RMB 50,000 shall be imposed.

Article 25. Anyone who has violated the provisions of Article 12 of these Provisions shall be issued a warning by the press and publications administrative department of the local province, autonomous region or directly administered municipality or by the General Administration of Press and Publications; in addition, a fine of more than RMB5,000 and less than RMB50,000 shall be imposed.

Article 26. Anyone who has violated the provisions of Article 16 of these Provisions shall be ordered to cease the publishing or transmission of the works that involve major and important topics but have not been filed for the record. The press and publications administrative department of the relevant province, autonomous region or directly administered municipality or the General Administration of Press and Publications shall issue a warning, and in addition impose a fine of more than RMB 10.000 and less than RMB 50,000; where the circumstances are serious, an order to suspend business for reorganization within a stipulated time period shall be issued or the approval granted shall be revoked.

Article 27. Where an Internet publishing organization publishes or transmits works with prohibited contents as stipulated in Article 17 and Article 18, any illicit gains shall be confiscated by the press and publications administrative department of the relevant province, autonomous region or directly administered municipality or the General Administration of Press and Publications; where the value of illegal operations is over RMB10,000, a fine of more than five times and less than 10 times of the value of the illegal operations shall be imposed simultaneously; where the value of illegal operations is less than RMB10,000, a fine of more than RMB10,000 and less than RMB50,000 shall be imposed; where the circumstances are serious, an order to suspend business for reorganization within a stipulated time period shall be issued or the approval granted shall be revoked.

Article 28. Anyone who has violated the provisions of Article 22 of these Provisions shall be ordered to make a correction by the telecommunications administrative organ in the relevant province, autonomous region or directly administered municipality; where the circumstances are serious, an order to suspend business for reorganization or to temporarily shut down the websites shall be issued.

Chapter V Supplementary Provisions

Article 29. Anyone who has engaged in Internet publishing activities in accordance with the relevant provisions of the state prior to the implementation of these Provisions shall, within sixty (60) days of the implementation of these Provisions, carry out examination and approval procedures in accordance with the provisions of Article 8 and Article 9 of these Provisions.

Article 30. These Provisions take effect from 1 August 2002.