互联网信息服务管理办法 Administration of Internet Information Services Procedures

ise and administer internet information services in accordance with the law.

　　Such relevant competent authorities as the authorities in charge of the press, publications, education, public health, supervision and administration of pharmaceuticals, administration for industry and commerce, public security and State security shall supervise and administer the content of internet information within their respective scopes of duties in accordance with the law.

　　Article 19　If these Procedures are violated by engaging in the provision of commercial internet information services without having obtained an Operating Permit, or by providing services beyond the scope of the items for which the permit has been obtained, the telecommunications administration authority of the province, autonomous region or municipality directly under the central government shall order rectification within a limited period of time and, if there is illegal income, it shall confiscate such illegal income and impose a fine of not less than 3 times and not more than 5 times the illegal income; if there is no illegal income, or if the illegal income is less than Rmb 50,000, it shall impose a fine of not less than Rmb 100,000 and not more than Rmb 1,000,000. If the case is serious, it shall order the website to be shut down.

　　If these Procedures are violated by engaging in the provision of non-commercial internet information services without having carried out record-filing procedures, or by providing services beyond the scope of the items placed on the record with the authorities, the telecommunications administration authority of the province, autonomous region or municipality directly under the central government shall order rectification within a limited period of time. If the perpetrator refuses to rectify the matter, the telecommunications administration authority of the province, autonomous region or municipality directly under the central government shall order it to shut down the website.

　　Article 20　If information with content as enumerated in Article 15 hereof is produced, reproduced, disseminated or broadcast, and such

act constitutes a criminal offence, the criminal liability of the perpetrator shall be pursued in accordance with the law. If such act is insufficient to constitute a criminal offence, the public security authority or the State security authority shall punish the perpetrator in accordance with such relevant laws and administrative regulations as the PRC, Administration of Public Security Penal Regulations and the Administration of Security Protection of International Linkups of Computer Information Networks Procedures. If the perpetrator of such act is a commercial internet information service provider, its permit issuing authority shall also impose punishment, viz. an order to suspend operations and undergo rectification or revocation of its Operating Permit, and notify the perpetrator's enterprise registration authority. If the perpetrator of such act is a non-commercial internet information service provider, its record-filing authority shall also impose punishment, viz. an order to temporarily shut down its website or an order to shut down its website.

　　Article 21　In the event of failure to perform the obligations specified in Article 14 hereof, the telecommunications administration authority of the province, autonomous region or municipality directly under the central government shall order rectification. If the case is serious, it shall order the perpetrator to suspend operations and undergo rectification or to temporarily shut down its website.

　　Article 22　If an internet information service provider violates these Procedures by failing to post its Operating Permit number or record-filing number on the home page of its website, the telecommunications administration authority of the province, autonomous region or municipality directly under the central government shall order it to rectify the matter and fine it not less than Rmb 5,000 and not more than Rmb 50,000.

　　Article 23　If the obligations specified in Article 16 hereof are violated, the telecommunications administration authority of the province, autonomous region or municipality directly under the central government shall order rectification. If the case is serious and the perpetrator is a commercial internet information service provider, it shall additionally be subjected to revocation of its Operating Permit by its permit issuing authority. If the case is serious and the perpetrator is a non-commercial internet information service provider, it shall additionally be ordered to shut down its website by its record-filing authority.

　　Article 24　If an internet information service provider violates other laws or regulations in the course of its business activities, such relevant competent authority as the authority in charge of the press, publications, education, public health, supervision and administration of pharmaceuticals or administration for industry and commerce, etc. shall punish it in accordance with the relevant laws and regulations.

　　Article 25　If a telecommunications administration authority or other competent authority or an employee thereof is derelict in its/his duties, abuses its/his authority, practises graft or is negligent in its/his supervision or administration of internet information services, resulting in serious consequences, and such act constitutes a criminal offence, the criminal liability of such authority or employee shall be pursued in accordance with the law. If such act is insufficient to constitute a criminal offence, the supervisors directly in charge and other personnel directly liable shall be subjected to the administrative sanction of demotion, removal from office or dismissal.

　　Article 26　Anyone that commenced to engage in the provision of internet information services before the promulgation hereof shall retrospectively carry out the relevant procedures in accordance herewith within 60 days of the date of promulgation hereof.

　　Article 27　These Procedures shall be impl

emented as of the date of promulgation

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