互联网出版管理暂行规定 Administration of Internet Publishing Tentative Provisions

ion of crimes；

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

　　（9） compromises public morality or refined indigenous culture and traditions； or

　　（10） is other content prohibited by laws， administrative regulations or State rules.

　　Article 18　Material published by means of internet publishing that is targeted at minors may not include content that induces minors to imitate acts that are contrary to public morality， illegal or criminal， or content of horrific， cruel or other such nature that is harmful to the physical and psychological health of minors.

　　Article 19　If material published by means of internet publishing is false or unfair， thus infringing upon the lawful interests of a citizen or of a legal person or other organization， the internet publisher shall publicly correct the same， eliminate the effects thereof and be civilly liable in accordance with the law.

　　Article 20　If an internet publisher discovers that a work it has posted or transmitted contains any of the content specified in Articles 17 and 18 hereof， it shall immediately cease the posting or transmission thereof， keep the relevant records， submit a report to the press and publication administrative department of the province， autonomous region or municipality directly under the central government in which it is located and submit a copy of such report to the General Administration of Press and Publishing.

　　Article 21　Internet publishers shall implement an editor responsibility system. They must have dedicated editorial staff to examine content to be published and ensure the lawfulness of the material to be published by means of internet publishing. Editorial staff of internet publishers shall undergo training before taking up their positions.

　　Article 22　Internet publishers shall keep a record of the contents of the works they post or transmit as well as of the times of posting or transmission and the URLs or domain names. Copies of such records shall be kept for 60 days and shall be provided to the relevant State authorities when the latter

make inquiries in accordance with the law.

　　Article 23　When engaging in internet publishing activities， relevant State laws and regulations on copyright shall be complied with and copyright notices shall be indicated with the works that are posted or transmitted.

　　PART FOUR　PENAL PROVISIONS

　　Article 24　If internet publishing activities are engaged in without approval， the press and publication administrative department of the province， autonomous region or municipality directly under the central government or the General Administration of Press and Publishing will put a halt to the same and confiscate the main equipment and special tools used to engage in the illegal publishing activities and the illegal income. In addition， if the illegal turnover was Rmb 10，000 or more， it will impose a fine of not less than five times and not more than 10 times the illegal turnover； if the illegal turnover was less than Rmb 10，000， it will impose a fine of not less than Rmb 10，000 and not more than Rmb 50，000.

　　Article 25　If Article 12 hereof is violated， the press and publication administrative department of the province， autonomous region or municipality directly under the central government or the General Administration of Press and Publishing will give a warning and impose a fine of not less than Rmb 5，000 and not more than Rmb 50，000.

　　Article 26　If Article 16 hereof is violated， an order to cease the posting or transmission of the work on the significant topic that was not reported for the record will be issued and the press and publication administrative department of the province， autonomous region or municipality directly under the central government or the General Administration of Press and Publishing will give a warning and impose a fine of not less than Rmb 10，000 and not more than Rmb 50，000； if the circumstances are serious， an order to halt operations for a specified period of time in which to carry out rectification will be issued or the approval will be revoked.

　　Article 27　If an internet publisher posts or transmits any of the prohibited content specified in Articles 17 and 18 hereof， the press and publication administrative department of the province， autonomous region or municipality directly under the central government or the General Administration of Press and Publishing will confiscate its illegal income. In addition， if the illegal turnover was Rmb 10，000 or more， it will impose a fine of not less than five times and not more than 10 times the illegal turnover； if the illegal turnover was less than Rmb 10，000， it will impose a fine of not less than Rmb 10，000 and not more than Rmb 50，000； if the circumstances are serious， an order to halt operations for a specified period of time in which to carry out rectification will be issued or the approval will be revoked.

　　Article 28　If Article 22 hereof is violated， the telecommunications administrative authority of the province， autonomous region or municipality directly under the central government will order rectification and， if the circumstances are serious， issue an order to halt operations for a specified period of time in which to carry out rectification or an order to temporarily close down the website.

　　PART FIVE　SUPPLEMENTARY PROVISIONS

　　Article 29　Entities that were engaged in internet publishing activities in accordance with relevant State regulations before the implementation hereof shall carry out examination and approval procedures in accordance with Articles 8 and 9 hereof within 60 days after the date of implementation hereof.

　　Article 30　These Provisions shall be implemented as of 1 August 2002

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