Provisions on Network Publication Services Administration

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Title: Provisions on Network Publication Services Administration 
Promulgating Entities:--State Administration of Press, Publication, Film, Radio and Television   and  Ministry of Industry and Information Technology
Reference number: 
Promulgation Date: 2016-2-4
Expiration date: 
Source of text: http://www.gapp.gov.cn/govpublic/84/1067.shtml

This Translation only possible with constant reference and adaptation of a translation of proposed earlier revisions from 2012 that can be found here; and a translation of the effective rules from 2005. We suggesting reviewing both to better understand what is actually new in these rules.

Provisions on Network Publication Services Administration

--State Administration of Press, Publication, Film, Radio and Television and Ministry of Industry and Information Technology

Order No. 5 of the State Administration of Press, Publication, Film, Radio and Television and Ministry of Industry and Information Technology

The Provisions On Network Publication Services Administration, having been passed by the Executive Meeting of the State Administration of Press, Publication, Film, Radio and Television on August 20, 2015 and approved by the Ministry of Industry and Information Technology, is hereby released, and shall come into effect on March 10, 2016.

Administrator of the State Administration of Press, Publication, Film, Radio and Television CAI Fuchao

Minister of the Ministry of Industry and Information Technology MIAO Wei

2/4/2016
Contents

Provisions on Network Publication Services Administration

Chapter I: General Provisions

Chapter II: Network Publication Services Permits

Chapter III: Network Publication Services Management

Chapter IV: Oversight and Management

Chaper V: Safeguards and Rewards

Chapter VI: Legal Responsibility

 

Provisions on Network Publication Services Administration

Chapter I: General Provisions

Article 1: These Provisions are drafted on the basis of the " Publication Management Regulations", the "Internet Information Services Management Measures“, and other relevant laws and regulations, so as to regulate order in network publication services management.

Article 2: These Provisions apply to network publication services on within the [mainland] territory of the People's Republic of China.

Network Publication Services as used in these Provisions refers to the use of information networks to provide the public with network publications.

'Network Publications' as used in these Provisions refers to digital works provided to the public through the use of information networks that have characteristics of publication such as editing, creation, or processing; the range of which primarily includes:

(1) Original digital works such as texts, pictures, maps, games, animation, audio-video and reading matter, in fields such as literature, art, science .

(2) Digitized works that have the same content as already published books, newspapers, periodicals, a/v works, electronic publications and so forth;

(3) network document archives and other digitized works forms by selecting, arranging, collecting works described above, or by other means;

(4) Other types of digital works designated by the State Administration of Press, Publication, Film, Radio and Television.

The specific business classifications for internet publishing services will be separately formulated.

Article 3: Engagement in network publication services, shall abide by the Constitution, relevant laws and regulations, persist in an orientation of serving the People and serving Socialism, persist in the progressive direction of advanced Socialist culture, promote the core socialist values, and disseminate and accumulate all ideological, moral, scientific, technological and cultural knowledge that is beneficial to raising the quality of the nation, promoting economic development, and stimulating social progress, and satisfy the popular masses’ daily increasing spiritual cultural needs.

Article 4: The State Administration of Press, Publication, Film, Radio and Television is the competent authority for network publication services industry, and is responsible for advance examination and approval, and oversight and management work on network publishing services nationwide. The Ministry of Industry and Information Technology is the competent department for the Internet sector, and conducts corresponding oversight and management over nationwide network publishing services according to its duties and responsibilities.

All levels of people's government's administrative departments for publications and each provincial level telecommunications management departments in people's governments conduct corresponding oversight and management work over network publishing services and access services in their administrative regions, according their duties and responsibilities, and do a good job of coordination.

Article 5: When conducting investigation and prosecution of suspected unlawful acts of engaging in network publishing services for which they have already received evidence or reports of the suspected unlawful acts, competent administrative departments for publications may inspect goods and business premises related to the suspected unlawful act; and may seal or seize goods which are proven to be related to the unlawful acts.

Article 6: The State units that publish books, audio, electronics, newspapers, and periodicals to engage in network publication services, accelerated the convergence and development of new media.

The State encourages the establishment of a network publications trade association, which formulates sector self-regulation standards according to its charter and under the guidance of the competent administrative departments for publication, calling for a civilized network, disseminating healthy and beneficial content and resist bad or harmful content.

Chapter II: Network Publication Services Permits

Article 7: Engagement in network publication services, must be approved by the competent administrative department for publications, and a 'Network Publication Services Permit' must be obtained.

Article 8: Units publishing books, audiovisual, electronic, newspapers, and periodicals engaged in online publishing services, shall possess the following:

(1) Have publication platforms for engaging in network publication services such as a designated website domain name and smart terminal applications;

(2) have a designated scope of network publication services;

(3) have the necessary technological equipment required to engage in network publication services, the corresponding servers and storage equipment must be located within the [mainland] territory of the People’s Republic of China.

Article 9: Other units engaged in network publication services, excpet for those set forth in Article 8, shall also possess the following capacities:

(1) have a definite name and charter as an entity engaging in network publishing services;

(2) have a legally-designated representative and principle responsible parties that comply with national regulations; the legally-designated representative must be a Chinese citizen who has resided in the mainland for a long time and has full capacity; at least one of either the legally-designated representatives or the principle responsible parties shall have intermediate-level or higher qualifications as a publication technology specialist;

(3) apart from a legally-designated representative and a main responsible person, have 8 or more full-time editing and publishing personnel who possess professional credentials recognized by the State Administration of Press, Publication, Film, Radio and Television in publication and relevant professional skills, and at least three of who shall have intermediate-level or higher professional qualifications;

(4) have all necessary content review systems necessary to engage in network publication services;

(5) Have a fixed place of business;

(6) other requirements provided by law, regulations, and provisions of the State Administration of Press, Publication, Radio, Film and Television.

Article 10: Sino-foreign joint ventures, Sino-foreign cooperative ventures and wholly foreign owned units must not engage in netowrk publishing services.

Network publishing services units cooperating on projects with mainland Sino-foreign joint ventures, Sino-foreign co-operative ventures and foreign businesses, or foreign organizations or individuals, shall report State Administration of Press, Publication, Radio, Film and Television for prior approval.

Article 11: Applications to engage in network publications services shall be submitted to the competent administrative department for publications of the local province, autonomous region, or directly-controlled municipality, and after review and consent, be reported to the State Administration of Press, Publication, Radio, Film and Television for review and approval. The State Administration of Press, Publication, Radio, Film and Television shall make a decision to approve or not approve an application within 20 days of receiving it. Where not approved, the reasons shall be explained.

Article 12: Application and declaration materials for engaging in network publication services shall include the following:

(1) the "network publishing services permit application form";

(2) the unit's charter and proofs of the sources and nature of capital;

(3) An analysis report on the feasibility of the network publication services including use of capital, product planning, technological capacity, apportionment of equipment, organizational setup, personnel apportionment, market analysis, risk assessment, and copyright protection measures;

(4) the resume, address, and identification documents for the legally-designated representative and primary responsible parties;

(5) Proofs of state recognized professional credentials and proofs of relevant work experience and training for editorial personnel and other relevant professional and technical personnel;

(6) Proof of workspace utilization;

(7) Proof of website domain name registration, and assurances that relevant servers are located in the [mainland] territory of the People's Republic of China.

Where units listed in Article 8 of these Regulations engage in network publishing services, they are only to provide the materials provided in clauses (1), (6) and (7) of the preceding paragraph.

Article 13: Applicant for establishment of a network publication services unit should handle registration formalities within 30 days of receiving an approval decision:

(1) going to the local provincial, autonomous region or directly controlled municipality's competent administrative department for publications with the approval documents to obtain and fill out a “Network Publishing Services Permit Registration Form”;

(3) After the provincial, autonomous region or directly controlled municipality's competent administrative department for publishing examines the “Network Publishing Services Permit Registration Form” to ensure there are no mistakes, it issues a “Network Publishing Services Permit” to the applicant within ten days.

(2) Of the three identical copies of the “Network Publishing Services Permit Registration Form”, the applicant and the provincial, autonomous region or directly controlled municipality's competent administrative department for publishing each keep one copy, and the other copy is to be sent by the provincial, autonomous region or directly controlled municipality's competent administrative department for publishing to the State Administration of Press, Publication, Film, Radio and Television for filling within 15 days.

Article 14: The “Network Publishing Services Permit” is valid for five years. At the completion of the effective period, those who require to continue to engage in network publishing services shall put forward an application according to the procedure of Article 11 of these Provisions 60 days before the completion of the effective period. Competent administrative departments for publication shall make a decision as to whether is approved prior to the completion of the permit's effective period. Where approved, the “Network Publishing Services Permit” is renewed.

Article 15: After network publishing services are approved, the applicant shall go to the local provincial, autonomous region or directly controlled municipality's telecommunications management department with the approval documents and the “Network Publishing Services Permit” to handle corresponding formalities.

Article 16: Where network publication services units change the “Network Publication Services Permit” permit registration matters, capital structures, merge or separate, or set up branch organs, they shall conduct examination and approval formalities according to the provisions of Article 11 of these Provisions, and should go to the local provincial, autonomous region or directly controlled municipality's telecommunications department with the approval documents to conduct corresponding formalities.

Article 17: Where network publication services units suspend network publication services, they shall report for filing with the local provincial, autonomous region or directly controlled municipality's competent administrative department for publishing, and explain the reasons and time limits; network publication services units’ suspension of network publication services may not exceed 180 days.

Network publishing services units, when discontinuing network publishing services, should, within thirty days of discontinuing network publishing services, fill out termination paperwork for the administrative department in charge of publishing for their province, autonomous region, or direct-controlled municipality, and then fill out related paperwork for the administrative department in charge of telecommunications for their province, autonomous region, or direct-controlled municipality. Provincial, autonomous region, or directly governed municipality's competent administrative departments for publication report relevant information to the State Administration of Press, Publication, Radio, Film and Television

Article 18: Where network publishing services units have not launched network publishing services within 180 days of registration, the competent administrative department for publishing that originally registered it, cancels registration, and reports this to the State Administration of Press, Publication, Radio, Film and Television for filing. At the same time, it is reported to the corresponding provincial, autonomous region, or directly governed municipality's competent administrative departments for publication.

Where the above circumstances occur due to force majeure other legitimate reasons, network publications services units may apply for a time extension to the competent administrative departments for publication.

Article 19: Network publication services units shall clearly indicate on the main page of their websites the network publication services permit number issued by the competent administrative department for publication.

Corresponding Internet Service Providers shall, when providing human intervention search and listings, advertising, promotions and other such services to network publication services providers, inspect the “Network Publications Services Permit” and the business scope of the service counterpart.

Article 20: Network publication services work shall engage in network publication services in accordance with the approved scope of services, and must not exceed the approved service scope in engaging in network publication services.

Article 21: Network publication services units must not lend, rent or sell the “Network Publishing Services Permit” or in any way transfer network publication services permissions.

Network publication services units allowance of other network information service providers to provide network publications in their name is within the scope of activity prohibited in the preceding clause.

Article 22: Network publication services units carry out special management unit system, and specific measures shall be formulated separately by the State Administration of Press, Publication, Radio, Film and Television.

Chapter III: Network Publication Services Management

Article 23: Network publication services units implement an editorial responsibility system, and guarantee the legality of network publications' content.

Network publication services units implement management systems such as a publication content examination responsibility system, a responsible editorial system, and a responsible proof-reader system to guarantee the quality of network publications.

For network publication of works already lawfully published by other publishing units domestically where the content of the original publication has not been altered, the original publishing units’ name must be conspicuously indicated on the corresponding page of the network publication, as well as the book number, periodical number, network publication number and website address information.

Article 24: Network publications must not contain the following contents:

(1) that which opposes the basic principles determined by the Constitution;

(2) Those that harm national unity, sovereignty and territorial integrity;

(3) that divulging state secrets, endangering national security or harming national honour or interests;

(4) inciting ethnic hatred or ethnic discrimination, destroying ethnic unity, or infringing on ethnic customs and habits;

(5) that advocating heresy or superstition;

(6) that disseminating rumors, disrupting social order, or undermining social stability;

(7) advocating obscenity, sex, gambling, violence or instigating crime;

(8) that insulting or slandering other persons, infringing other persons’ lawful rights and interests;

(9) That endangering public morality or the ethnicity's exceptional cultural traditions.

(10) other content prohibited by law, administrative regulations and state regulations.

Article 25: In order to protect the lawful rights and interests of minors, network publications must not contain content enticing minors to imitate acts contrary to social morals and unlawful or criminal acts, they must not contain content that is harmful to the physical and mental health of minors such as horror or brutality, and must not contain content divulging private information of minors.

Article 26: Where network publication services units publishing on important topics involving areas such as national security or social stability, they shall follow the State Administration of Press, Publication, Radio, Film and Television's relevant provisions on filing important topics to handle filing formalities. Content on important topics that has not bee filed must been published.

Article 27: Before network games are published online, an application must be put forward with the provincial, autonomous region, or directly governed municipality's competent administrative departments for publication , and upon verification and consent, they are to be reported to the State Administration of Press, Publication, Radio, Film and Television.

Article 28: Where network publications’ content is untrue or unfair, resulting in infringement of the lawful rights and interests of citizens, legal persons and other organizations; the relevant network publication services units shall stop the infringement, openly rectify matters, eliminate the influence, and bear other civil liability in accordance with law.

Article 29: The State carries out symbol [logo] management for network publication services, specific rules are formulated separately by the State Administration of Press, Publication, Radio, Film and Television.

Article 30: Network publications must conform to the requirements of State standards and regulations, to guarantee publication quality.

Language and characters used in network publications, must conform to State laws and regulations and relevant norms and standards.

Article 31: Network publication services units shall follow relevant State provisions or technological standards, to allot for and apply the necessary equipment and systems, to establish and complete all management systems, to guarantee information security and the lawfulness of content, and to provide technical support to the competent administrative departments for publication in performing their oversight duties.

Article 32: Network publication service units providing foreign publications on networks shall obtain lawful copyright authorizations. Of these, publication of network games with authorization of a foreign copyright holder must follow article 27 of these Provisions to handle formalities in application for approval.

Article 33: Where network publication services units discover that the network publications they publish contain content listed in Articles 24 or Article 25 of these Provisions, they shall immediately delete it, preserve relevant records, and report it to the competent administrative department for publication for that area at the county-level or higher.

Article 34: Network publication services units shall record the content of published works and their time, web address or domain name; records shall be preserved for sixty days, and when the relevant State departments make inquiries about them in accordance with law, they shall be provided.

Article 35: Network publication services units must obey the State statistics regulations, and report statistical materials to the competent administrative department for publications in accordance with law.

Chapter IV: Oversight and Management

 

Article 36: Oversight and management of network publication services is carried out in accordance with principle of local management.

Competent administrative departments for publications at all areas shall strengthen routine oversight and management over network publication services units within their administrative area and their publishing activities, by performing the following duties and responsibilities:

(1) conducting industry oversight and management of network publication services units, and conducting investigation and disposition of violations of the Provisions by network publication services units and reporting these to higher-level competent administrative departments for publications;

(2) conducting oversight and management of network publication services, and carrying out investigation and disposition of conduct violating these Provisions and reporting this to higher-level competent administrative department for publications;

(3) conducting oversight and management of network publications’ content and quality, periodically organizing content evaluations and quality inspections, and reporting the results to higher-level competent administrative department for publications;

(4) conducting management of personnel engaged in network publishing, periodically organizing trainings and assessment for positions and work;

(5) cooperating with higher-level competent administrative department for publications, coordinating with corresponding departments, and guiding lower-level competent administrative department for publications in carrying out work.

Article 37: Competent administrative departments for publication shall strengthen oversight and management teams and institution building, and employ the necessary methods to conduct management of network publishing services. When competent administrative departments for publishing lawfully perform enforcement duties such as supervision and inspection, network publication service units shall cooperate and must not refuse or obstruct.

All provincial, autonomous region, or directly governed municipality’s competent administrative departments for publication shall periodically report in writing on the oversight and management situation for network publication services in their administrative areas to the State Administration of Press, Publication, Radio, Film and Television.

Article 38: An annual examination system is implemented by network publication services units, with annual examinations conducted once each year. Provincial, autonomous region, or directly governed municipality’s competent administrative departments for publication are responsible for implementing annual examinations of the network publication services units in their administrative regions and reporting on the corresponding situation to the State Administration of Press, Publication, Radio, Film and Television for filing. The content of the annual examination includes conditions of network publication services units’ establishment, registration matters, publishing operations, publishing quality, compliance with law and regulation, internal management and other such situations.

Article 39: Annual assessment shall be conducted following the following procedures:

(1) Network publication services units submit an annual self-inspection report with content including the situations of policy and regulatory implementation for that year, the situation of rewards and punishments, the situation of website publishing, management and operational achievements, a network publication catalogue, the rectification situation of acts violating laws or regulations within that annual assessment period, the editing and publishing personnel training and management situation, etc.; and they shall fill out a “Network Publishing Service Annual Assessment Registration Form”, and report this together with the annual self-inspection report to the local provincial, autonomous region or municipal competent administrative department for publication;

(2) Provincial, autonomous region, or directly governed municipality’s competent administrative departments for publication conduct a complete verification of the establishment condition, registration matters, business conduct, legal and regulatory implementation, and other situations of network publication services units with in their administrative areas, and completes the complete examination and inspection work within 45 days of receiving network publication services units’ annual self-inspection reforms, the “Network Publishing Services Annual Examination Registration Form” and other annual examiniation matters. Network publication services units that meet annual examination requirements are registered, and their “Network Publication Services Permit” is stamped with the annual examination seal;

(3) Provincial, autonomous region, or directly governed municipality’s competent administrative departments for publication should, within 15 days of completing complete verification and examination work, report the annual examination situation and relevant written materials to the State Administration of Press, Publication, Radio, Film and Television for filing.

Article 40: In any of the following situations, the annual examination is suspended:

(1) business is currently stopped for rectification;

(2) where there are violations of publishing laws and regulations that should be punished;

(3) where competent administrative department for publications’ corresponding management provisions have not been implemented according to requirements;

(4) where internal management is chaotic, or substantive network publication services activities have not been carried out without legitimate reason;

(5) where copyright infringement or other unlawful acts are suspected and further investigation is necessary.

The period of postponement is determined by the provincial, autonomous region or directly controlled municipality's competent administrative department for publication, and reported to the State Administration of Press, Publication, Radio, Film and Television for filing, and must not exceed 180 days at the longest. During the period for which the annual examination is postponed, network publication services must be ceased.

At the completion of the postponement period, annual examination formalities are to be conducted again according to these Provisions.

Article 41: Where the conditions provided in Article 8 and Article 9 of these Regulations are no longer met, order corrections to be made in within a set period of time; where corrections are still not made within the time period, the annual examination is not passed and the State Administration of Press, Publication, Radio, Film and Television will cancel the "Network Publication Services Permit" and the provincial, autonomous region, or directly governed municipality's competent administrative departments for publication for that area will withdraw registration and notify the local telecommunications management department to handle it in accordance with law.

Article 42: Provincial, autonomous region, or directly governed municipality’s competent administrative departments for publication may, on the basis of actual conditions, make adjustments of annual examination matters within their administrative regions, and the corresponding circumstances are to be reported to the State Administration of Press, Publication, Radio, Film and Television for filing.

Article 43: Provincial, autonomous region, or directly governed municipality’s competent administrative departments for publication may publish annual assessment results to public.

Article 44: Editing, publishing and other related specialist technology staff that engages in network publication services and their responsible parties shall comply with relevant State provisions concerning administration of professional qualifications for editing, publishing and other related specialist technology personnel.

Network publication services units’ legally-designated representatives or principle responsible parties shall follow relevant regulations to participate in workplace training organized by the competent administrative department for publication, and obtain a “WorkplaceTraining Qualification Certificate” uniformly printed by the State Administration of Press, Publication, Radio, Film and Television Those who do not participate in workplace training according to regulations or do not obtain the “WorkplaceTraining Qualification Certificate” after the training, may not continue as legally-designated representative or principle responsible party.

Chaper V: Safeguards and Rewards

Article 45:The State formulates relevant policies to guarantee and promote the development and prosperity of the network publication services industry. It encourages network publications services that benefit the shaping of advanced network culture and advance the digitized and networked dissemination of healthy culture and advanced cultural products, such as publicizing scientific truths, disseminating advanced culture, calling for a scientific spirit, shaping virtuous souls, and advocating the correct social atmosphere.

Network publication services units' lawful engagement in network publication services must not be disturbed, obstructed or undermined by any organization or individual.

Article 46:The State supports and encourages the publication of the following exceptional key network publications:

(1) those having a major function in expounding and disseminating the basic principles determined by the Constitution;

(2) those having a major significance for carrying forward the Socialist core values, or advancing education on patriotism, collectivism, Socialism and ethic unity as well as carrying forward social morals, professional ethics, family values and personal character;

(3) those having a major function of carrying forward the excellent culture of the Chinese people and stimulating international cultural exchange;

(4) those having intrinsic intellectual property rights and excellent cultural content;

(5) those making major contributions to advancing cultural innovation, and timely reflecting new domestic and foreign scientific and cultural achievements;

(6) Those with a major function of promoting public cultural service;

(7) Those specifically targeting minor with healthy content or otherwise conducive to the healthy upbringing of minors;

(8) others having important ideological value, scientific value or cultural and artistic value.

Article 47: Units and individuals that make important contributions to the development and prosperity of internet publication industry shall be rewarded in accordance with the relevant national regulations.

Article 48: The State protects the lawful rights and interests of network publications’ copyright holders. Network publication services units shall obey the “Copyright Law of the People’s Republic of China”, the “Information Network Dissemination Rights Protection Regulations”, the “Computer Software Protection Regulations” and other copyright laws and regulations.

Article 49: Competent administrative departments for publishing and other relevant departments shall promptly adopt measures to stop conduct illegally interfering, obstructing and undermining the publishing network publications.

Chapter VI: Legal Responsibility

Article 50: Where network publication service units violate these Provisions, the competent administrative department for publications may adopt the following administrative measures:

(1) issuing a written warning notifice;

(2) Giving criticism notice and ordering corrections;

(3) ordering an public self-criticism;

(4) ordering deletion of unlawful content.

A unified for for written warning notifications is drafted by the State Administration of Press, Publication, Radio, Film and Television, and issued to the corresponding network publication services unit by the competent administrative departments for publication.

The administrative measures listed in this article may be imposed concurrently.

Article 51: Those who, without approval, engage in unauthorized network publication services, or publish unauthorized network games online (including network games authorized by foreign copyright holders), will be banned by the competent administrative departments for publication and administrative industry and commerce management departments according to their statutory powers and based upon the provisions of Article 61 of the “Publishing Management Regulations” and article 19 of the "Internet information services management measures", and, on the basis of notification from the relevant departments, the local provincial-level telecommunications management department orders punishments such as closing the website in accordance with the "internet information services management measures"; where the criminal law has already been violated, criminal liability is pursued in accordance with law; Where it is insufficient for criminal punishment, all relevant network publications are deleted, unlawful income are equipment and special tools primarily used in the unlawful activity are confiscated; where the unlawful business volume is 10,000 Yuan or more, a fine of between 5-10 times the value of unlawful business volume is imposed; where the unlawful business volume is less than 10,000 Yuan, a fine of less than 50,000 Yuan may be imposed; where the lawful rights and interests of other persons are infringed, civil liability shall also be borne in accordance with law.

Article 52: Where network publications containing content prohibited by Article 24 and Article 25 of these Provisions are published or transmitted, then on the basis of the provisions of Article 62 of the “Publishing Management Regulations” and Article 20 of the “Internet Information Service Management Rules”, the competent administrative department for publication orders deletion of the corresponding content and cessation of business for rectification for a limited period, confiscates unlawful income, and where unlawful business volume is 10,000 Yuan or more, a fine of between 5 and 10 times the unlawful business volume is also imposed; where the unlawful business volume is less than 10,000 Yuan, a fine of 50,000 Yuan or less may also be imposed; where circumstances are serious and the the business is ordered stopped for rectification and the State Administration of Press, Publication, Radio, Film and Television cancels the “Network Publishing Services Permit” and upon notification of the competent administrative departments for publishing, the telecommunications management department cancels telecommunications operations permits or orders the website shut down; where a crime is constituted, criminal liability is pursued in accordance with law.

Where, in order to engage in conduct provided for in the first clause of this article, network service units provide artificial interference in search listings, advertising, promotions or other services, the competent administrative departments for publishing order a stop of relevant services.

Article 53: Where the provisions of Article 21 of these Provisions are violated, then on the basis of the provisions of Article 66 of the “Publishing Management Regulations” , the competent administrative department for publication order unlawful acts be stopped, give a warning, and confiscate unlawful income; where the unlawful business volume is 10,000 Yuan or more, it also imposes a fine of between 5-10 time the unlawful business volume; where the unlawful business volume is less than 10,000 Yuan, it may also impose a fine of 50,000 Yuan or less; where circumstances are serious, it orders suspension of business for rectification for a time or the State Administration of Press, Publication, Radio, Film and Television cancels the “Network Publishing Services Permit”.

Article 54: Where there is any of the following conduct, then on the basis of the provisions of Article 67 of the “Publishing Management Regulations”, the competent administrative department for publication orders rectification or gives a warning; where circumstances are serious, it orders cessation of business for rectification or the State Administration of Press, Publication, Radio, Film and Television cancels the “Network Publishing Services Permit”:

(1) where network publication services units change the registration matters of the “Network Publishing Services Permit” or capital structure, or engage in network publication services beyond the approved scope of services, merge or separate, or establish branch organs, without conducting examination and approval formalities according to these Provisions;

(2) where network publication services units publish publications involving major topics not without following regulations;

(3) where network publication services units suspend network publication services on their own volition in excess of 180 days;

(4) where the quality of network publications does not meet relevant regulations and standards.

Article 55: Where the first paragraph of Article 34 of these Provisions is violated, then based on the provisions of Article 21 of the “Internet Information Service Management Rules”, the provincial-level telecommunications management department orders corrections; where circumstances are serious, cessation of business for rectification or temporary closure of the website is ordered.

Article 56: Where network publication services units do not report statistical materials to the competent administrative department for publications in accordance with law, they are punished on the basis of the “Press and Publications Statistics Management Measures”.

Article 57: Where network services units violate provisions of Chapter II of these Provisions and obtain permits by fraud, bribery or other improper methods, the State Administration of Press, Publication, Radio, Film and Television revokes the relevant permits.

Article 58: Where there is any of the following conduct, the competent administrative department for publication gives a warning, and imposes a fine of 30,000 Yuan or less:

(1) where, in violation of Article 10 of these Provisions, unauthorized cooperation is conducted with domestic or foreign Sino-foreign joint venture operations, Sino-foreign cooperative operations or foreign invested operations involving network publication services business;

(2) where, in violation of Article 19 of these Provisions, the relevant permit information is not indicated or the “Network Publishing Services Permit” is not checked;

(3) where, in violation of Article 23 of these regulations, editorial responsibility systems and other management systems are not implemented according to regulations;

(4) where, in violation of Article 31 of these Provisions, relevant systems or equipment are applied or relevant management systems are not completed in accordance with regulations or standards;

(5) Where annual examinations are not participated in, in accordance with these Provisions;

(5) where, in violation of Article 44 of these Regulations, network publication services units’ legally-designated representative or principle responsible party has not obtained a “Workplace Training Qualification Certificate”

(6) where other management regulations on network publications by the competent administrative department for publication management are violated.

Article 59: Where network publications units violate these Provisions and are given the administrative sanction of having their permits revoked, their legally-designated representative or principle responsible party must not serve as the legally-designated representative or principle responsible party for a network publication unit for 10 years from the day of the revocation.

Where editing, publishing and other related specialist technology personnel and responsible persons engaging in network publication services violate these Provisions, and circumstances are serious, the original issuing organ cancels their qualification certificates.

Chapter VII: Supplementary Provisions

Article 60: The management systems referred to in these Provisions such as the publication content review responsibility system, responsible editing system, and responsible proofreading system, are implemented with consultation to the provisions of the "Book Quality Assurance Systems".

Article 61: These Provisions take effect on March 10, 2016. The Provisional Provisions on Internet Publication Administration, promulgated by the former General Administration of Press and Publication and the Ministry of Information Industry on June 27, 2002, is simultaneously abolished.

 

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