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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:
vince, autonomous region or municipality directly under the central government, the press office of the people’s government of the province, autonomous region or municipality directly under the central government shall, within 20 days of receipt of the application, conduct on-site inspection, give a preliminary examination opinion and submit the same to the Press Office of the State Council. The Press Office of the State Council shall make a decision within 40 days of receipt of the preliminary examination opinion. If an application is submitted to the Press Office of the State Council, the Press Office of the State Council shall conduct on-site inspection and make a decision within 40 days of receipt of the application. If the application is approved, an internet news information service licence shall be issued. If it is not approved, the applicant shall be notified in writing and the reasons therefor shall be stated.

  Article 12 If an internet news information service unit specified in Item (3) of Paragraph One of Article 5 hereof is established by a press work unit of the central government, it shall file a record with the Press Office of the State Council within one month of engaging in internet news information services. If it is established by other press work units, it shall file a record with the press office of the people‘s government of the province, autonomous region or municipality directly under the central government in which it is located within one month of engaging in internet news information services.

  When handling record filing, it shall complete a record filing registration form and submit its rules and systems for administration of internet news information services and the proof of press work unit qualifications.

  Article 13 Upon establishment in accordance with these Provisions, an internet news information service unit shall complete the relevant formalities with the authority in charge of telecommunications in accordance with the administrative regulations on the administration of internet information services.

  Article 14 If an internet news informatio

n service unit specified in Item (1) or (2) of Paragraph One of Article 5 hereof changes its name, domicile, legal representative or principal person in charge, equity structure, service items or the uniform resource locator (URL) of the website, it shall apply to the Press Office of the State Council for replacement of the internet news information service licence. Where it is required under the relevant provisions on telecommunications administration to apply to the authority in charge of telecommunications for approval or to obtain a licence from or file the change with the authority in charge of telecommunications, it shall handle the matters according to the relevant provisions.

  If an internet news information service unit specified in Item (3) of Paragraph One of Article 5 hereof changes its name, domicile, legal representative or principal person in charge, equity structure, services or the URL of the website, it shall file handle record filing anew with the original record filing authority. If, following a change in the equity structure, the equity interests owned by the press work unit falls below 51%, it shall complete the licensing procedures in accordance with these Provisions. Where it is required under the relevant provisions on telecommunications administration to apply to the authority in charge of telecommunications for approval or to obtain a licence from or file the change with the authority in charge of telecommunications, it shall handle the matters in accordance with the relevant provisions.

  PART THREE STANDARDS OF INTERNET NEWS INFORMATION SERVICES

  Article 15 An internet news information service unit shall provide internet news information services according to the approved scope of services.

  Article 16 When an internet news information service unit specified in Item (1) or (2) of Paragraph One of Article 5 hereof republishes news information or distributes communications of current and political affairs to the public, it shall republish or distribute the news information published by the press work units of the central government or the press work units directly administered by the government of a province, autonomous region or municipality directly under the central government and indicate the source of the news information, and may not distort the contents of the original news information.

  An internet news information service unit specified in Item (2) of Paragraph One of Article 5 hereof may not publish news information collected and edited by itself.

  Article 17 An internet news information service unit specified in Item (1) or (2) of Paragraph One of Article 5 hereof that republishes news information shall enter into a written agreement with a press work unit of the central government or a press work unit directly administered by the government of a province, autonomous region or municipality directly under the central government. An internet news information service unit established by a press work unit of the central government shall file a copy of the agreement with the Press Office of the State Council. Other internet news information service units shall file a copy of the agreement with the press office of the people‘s government of the province, autonomous region or municipality directly under the central government in which it is located.

  When entering into an agreement pursuant to the preceding paragraph, the press work unit of the central government or the press work unit directly administered by the government of a province, autonomous region or municipality directly under the central government shall verify the internet news information service licence of the other party, and may not provide news information to any work unit without an internet news information service licence.

  Article 18 If a press work unit of the central government enters into internet news business cooperation other than news provision wit

h an internet news information service unit specified in Item (2) of Paragraph One of Article 5 hereof, it shall report the matter to the Press Office of the State Council at least 10 days before carrying out such cooperation. If any other press work unit enters into internet news business cooperation other than news provision with an internet news information service unit specified in Item (2) of Paragraph One of Article 5 hereof, it shall report the matter to the press office of the people‘s government of the province, autonomous region or municipality directly under the central government in which it is located at least 10 days before carrying out such cooperation.

  Article 19 The news information published or distributed by an internet news information service unit or the electronic bulletin board services on current and political affairs provided by it shall not contain content that:

  (1) violates the basic principles determined in the Constitution;

  (2) compromises national security, discloses State secrets, subverts State power or undermines national unity;

  (3) harms the reputation and interests of the State;

  (4) incites ethnic hatred or ethnic discrimination or undermines inter-ethnic unity;

  (5) undermines State policies on religion or propagates evil cults or feudal superstitions;

  (6) disseminates rumours, disturbs the social order or destabilize society;

  (7) propagates obscenity, pornography, gambling, violence or fear or instigates the commission of crimes;

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

  (9) incites illegal gathering, association, march, demonstration or mob and disturbs the social order;

  (10) acts in the name of an illegal private organization; or

  (11) is otherwise prohibited by laws or administrative regulations.

  Article 20 An internet news information service unit shall set up an accountability system for the administration of news information contents. It may not publish or distribute any news information containing contents that violate Paragraph One of Article 3 and Article 19 hereof. Where it finds that the electronic bulletin board services on current and political affairs provided by it contain contents that violate Paragraph One of Article 3 and Article 19 hereof, it shall remove such contents immediately and keep the relevant records thereof, which shall be provided upon inquiry by the relevant authority in accordance with the law.

  Article 21 An internet news information service unit shall record the contents of the news information it publishes or distributes, and the time and internet address of publication or distribution, and shall keep for at least 60 days a backup copy of the record, which shall be provided upon inquiry by the relevant authority in accordance with the law.

  PART FOUR SUPERVISION AND ADMINISTRATION

  Article 22 The Press Office of the State Council and the press office of each province, autonomous region and municipality directly under the central government shall carry out supervision and inspection on internet news information service units. The relevant work units and individuals shall cooperate with such supervision and inspection in accordance with the law.

  The working personnel of the Press Office of the State Council and the press office of each province, autonomous region and municipality directly under the central government shall produce their enforcement documents when carrying out on-site inspection in accordance with the law.

  Article 23 The Press Office of the

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