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互联网新闻信息服务管理规定 Administration of Internet News Information Services Provisions

2009-03-24 法律英语 来源:互联网 作者:

(Promulgated by the Press Office of the State Council and Ministry of Information Industry on 25 September 2005 and effective as of date of promulgation.)

颁布日期:20050925  实施日期:20050925  颁布单位:国务院新闻办公室、 信息产业部

  PART ONE GENERAL PROVISIONS

  Article 1 These Provisions have been formulated in order to standardize internet news information services, satisfy the needs of the public for internet news information, safeguard national security and public interests, protect the lawful rights and interests of internet news information service units and promote the healthy and orderly development of internet news information services.

  Article 2 These Provisions shall apply to the provision of internet news in services in the People‘s Republic of China.

  For the purposes of these Provisions, the term “news information” means news information about current and political affairs, including reports and commentaries on social and public affairs such as political, economic, military and foreign affairs, as well as reports and commentaries on sudden social events.

  For the purposes of these Provisions, the term “internet news information services” includes publication of news information, provision of electronic bulletin board services for current and political affairs and distribution of communications of current and political affairs to the public, through the internet.

  Article 3 When engaging in internet news information services, internet news information service units shall abide by the Constitution and laws and regulations, stay the course of serving the people and socialism, adhere to a correct guidance for public opinion and safeguard national and public interests.

  The State encourages internet news information service units to disseminate healthy and civilized news information favourable to enhancing the quality of the nation, driving economic development and promoting social progress.

  Article 4 The Press Office of the State Council is in charge of nationwide supervision and regulation of internet news information services. The press office of each province, autonomous region and municipality directly under the central government is in charge of regulating the internet news information services within its administrative region.

  PART TWO ESTABLISHMENT OF INTERNET NEWS INFORMATION SERVICE UNITS

  Article 5 Internet news information service units shall be divided into the following three types:

  (1) internet news information service units that are established by press work units and that publish news information beyond the scope of what has been published or released by the press work unit and that provides electronic bulletin board services on current and political affairs and distributes communications of current and political affairs to the public;

  (2) internet news information service unit that is established by a non-press work unit and that republishes news information, provides electronic bulletin board services on current and political affairs and distributes communications of current and political affairs to the public; and

  (3) internet news information service unit that is established by a press work unit and that publishes news information which has been published or released by the press work unit.

  According to the Setting of Administrative Licensing by the State Council for Administrative Examination and Approval Items That Truly Need to Be Retained Decision and the relevant administrative regulations, the establishment of an internet news information service unit specified in Item (1) or (2) of the preceding paragraph shall be subject to the examination and approval by the Press Office of the State Council.

  The establishment of an internet news information service unit specified in Item (3) of Paragraph One of this Article shall be filed with t

he Press Office of the State Council or with the press office of the province, autonomous region or municipality directly under the central government.

  Article 6 An internet news information service unit established by a press work unit and a non-press work unit in cooperation in which the press work unit owns not less than 51% of equity interests shall be deemed an internet news information service unit established by a press work unit. If the press work unit owns less than 51% of equity interests, it shall be deemed an internet news information service unit established by a non-press work unit.

  Article 7 To establish an internet news information service unit specified in Item (1) of Paragraph of Article 5 hereof, the following conditions shall be met:

  (1) it has sound rules and systems for administration of internet news information services;

  (2) it has five or more full-time news editors who have engaged in journalism for three or more years in press work units; and

  (3) it has the necessary premises, equipment and funds, and the source of the funds shall be legal.

  An institution that may apply for establishment of an internet news information service unit specified in the preceding paragraph shall be a press work unit of the central government, a press work unit directly administered by the government of a province, autonomous region or municipality directly under the central government, or a press work unit directly administered by the municipality in which the people‘s government of a province or autonomous region is located.

  In the examination and approval of establishment of internet news information service units specified in the preceding paragraph, in addition to fulfilling the conditions specified in this Article, the requirements of the Press Office of the State Council on the total number, structure and the distribution in the development of the internet news information services sector shall also be fulfilled.

  Article 8 To establish an internet news information service unit specified in Item (2) of Paragraph One of Article 5 hereof, in addition to fulfilling the conditions specified in Items (1) and (3) of Paragraph One of Article 7 hereof, there shall also be 10 or more dedicated news editors of whom five or more shall have engaged in journalism for three or more years in press work units.

  An organization that may apply for establishment of an internet news information service unit specified in the preceding paragraph shall be a legal person that has been established according to law to engage in internet information services for two or more years and that has not been subject to administrative penalty for violation of the provisions of laws, regulations or rules on the administration of internet information services. If the applying organization is an enterprise legal person, its registered capital shall not be less than Rmb 10 million.

  In the examination and approval of establishment of internet news information service units specified in Paragraph One of this Article, in addition to fulfilling the conditions specified in this Article, the requirements of the Press Office of the State Council on the total number, structure and distribution in the development of the internet news information services sector shall also be fulfilled.

  Article 9 No organization may establish internet news information service units in the form of Sino-foreign equity joint venture, Sino-foreign cooperative joint venture or wholly foreign-owned enterprise.

  Cooperation between an internet news information service unit and any domestic or overseas Sino-foreign equity joint venture, Sino-foreign cooperative joint venture or wholly foreign-owned enterprise involving the business of internet news information services shall be reported to the Press Office of the State Council for security assessment.

  Article 10 T

o apply for establishment of an internet news information service unit specified in Item (1) or (2) of Paragraph One of Article 5 hereof, an application form shall be completed and the following materials shall be submitted:

  (1) rules and systems for administration of internet news information services;

  (2) proof of ownership or use rights of the premises and the proof of the source and amount of funds; and

  (3) proof of the professional qualifications of the news editors.

  An institution that applies for establishment of an internet news information service unit specified in Item (1) of Paragraph One of Article 5 hereof shall also submit the proof of its press work unit qualifications. An institution that applies for establishment of an internet news information service unit specified in Item (2) of Paragraph One of Article 5 hereof shall also submit the proof of its legal person status.

  Article 11 To apply for establishment of an internet news information service unit specified in Item (1) or (2) of Paragraph One of Article 5 hereof, a press work unit of the central government shall submit the application to the Press Office of the State Council; a press work unit as well as non-press work unit directly administered by the government of a province, autonomous region or municipality directly under the central government or a press work unit directly administered by the municipality in which the people‘s government of a province or autonomous region is located shall submit the application to the Press Office of the State Council through the press office of the people’s government of the province, autonomous region or municipality directly under the central government.

  If an application is submitted through the press office of the people‘s government of the pro

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