Measures for Rewarding Informants in Efforts to Eliminate Pornography and Illegal Content

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来源:http://www.shdf.gov.cn/shdf/contents/708/388912.html

Chapter I: General Provisions

Article 1: These Measures are formulated on the basis of de Nation's relevant laws, regulations and rules systems, so as to reward persons reporting illegal activities related to the 'elimination of pornography and illegal publications' hereinafter simply "relevant illegal activities"), to regulate the national system of rewards for reports in the 'elimination of pornography and illegal publications' , and to promote the deep development of efforts to 'eliminate pornography and illegal publications"

Article 2: These Measures apply to the general office of the working group for the national efforts to eliminate pornography and illegal content" and to the general offices of each local level's working group for the "elimination of pornography and illegal content" (hereinafter "departments for the elimination of pornography and illegal content") giving of rewards to persons who contribute to reporting illegal acts related to the 'elimination of pornography and illegal materials' through methods such as writing, petitioning, phone, email, or internet, after they are verified and handled in accordance with law.

Article 3: Rewards are to be given in accordance with these Measures to informants that provide clues to any level of department for the elimination of pornography and illegal materials, so that they can open, monitor, and handle cases.

Chapter II: Scope and Standards for Rewarding Reports

Article 4: Reports on the following illegal conduct is within the scope of rewards for these Measures:

(1) Publishing, making, printing, reproducing, disseminating, transmitting, delivery, or storage of publications with the following content (including online publications):

1. that which opposes the basic principles determined by the Constitution;

2. that which is harmful to national unity, sovereignty, or territorial integrity;

3. that which divulges state secrets, endangers national security or harms national honour or interests;

4. That which incites ethnic hatred or ethnic discrimination, destroying ethnic unity, or infringing on ethnic customs and habits;

5. That which promotes evil cults or superstition;

6. That which disrupts social order or undermines social stability;

7. That which advocates gambling, violence, or incites crime;

8. That which insults or slanders other persons, infringing other persons’ lawful rights and interests;

9. That which endangers public morality or the ethnicity's exceptional cultural traditions.

10. Other content prohibited by law, administrative regulations and state regulations.

(2) Publishing, making, printing, reproducing, disseminating, transmitting, delivery, or storage of pornographic publications (including online publications), printed materials, or other related information.

(3) Reproducing or disseminating other text, music, film, television, audiovisual materials, computer software, and other works, without the authors permission, and concurrently harming the public interest.

(4) Unauthorized printing, reproducing, publishing, or mass delivery or storage of publications over which other persons or related enterprises and units enjoy exclusive right of publication.

(5) Without permission or authorization, establishing a publishing unit or engaging in publication, printing, or reproduction, dissemination operations without authorization; or engaging in editing and printing and delivery activities for internal materials publications without authorization.

(6) fabricating, or posing as a publication unit, or publishing materials and establish websites in the name of a newspaper or periodical.

(7) Printing or reproducing and disseminating foreign publications without authorization, illegally importing foreign publications, or illegally carrying foreign publications with prohibited content or in volumes beyond personal use into the country.

(8) Buying and selling book, periodical or article registration numbers and related permit certificates.

(9) Obscene websites, client terminals and other online obscene information; exploiting network social platforms, instant messaging tools, web storage, storage media, or other means to create, reproduce, publish, sell, or transmit obscene information.

(10) Producing, reproducing, publishing, selling, or transmitting violent publications, web publications, printed materials and information related to violence, murder, terror, or gambling that is harmful to the physical and psychological development of minors.

(11) Producing, reproducing, publishing, selling, or transmitting publications, web publications, and related information with content harmful to social morality and good public custom, going against the core socialist values, that is vulgar, crass, or lowbrow.

(12) Leads on publications (including online publications) and printed material that might affect ideological security or lead to social instability due to content issues.

(13) Fake newspapers, fake reporters stations, fake reporters, and the creation or transmission of fake news in violation of rules and laws. Pretending to be news media, news websites, or news reporters online, and carrying out fraud or extortion in the name of public opinion oversight.

(14) Acts violating rules or laws by news publication units and their staffs involving work related to news publication.

(15) Using network platforms and related channels to target the mainland in promoting sales, or transmitting foreign publications and related information with prohibited content.

(16) Other problems involving 'pornography' or 'illegal content' that might impact ideological security and cultural security.

Article 5: Rewards for reports shall concurrently meet the following requirements:

(1) have a clear target, facts, and relevant evidence.

(2) Upon the content of the report being verified and confirmed by the relevant department for 'the elimination of pornography and illegal content', it is the first informant.

(3) The content of the report is verified through review of evidence and a disposition made in accordance with law.

Article 6: Any of the following situations are not within the scope off rewards for report:

(1) Reports by staff of departments for the 'elimination of pornography and illegal content, agents they retain, or stakeholders.

(2) Reports that belong to a collateral appeal case.

(3) Reports by persons with a direct interest in acts of piracy, or agents they retain.

(4) Other situations not comporting with laws and regulations.

Article 7: The standards for rewarding informants making reports are as follows:

(1) For ordinary informants that report illegal publication activities (including on and offline) a reward of up to 2% of the amounts involved in the publication business for the case is to be given (the reward for each case is not to exceed 600,000 rmb); where the amount of business (unlawful gains) or where the amount of business (unlawful gains) is less than 50,000, a reward of between 1000 and 5000 rmb is to be given.

(2) For reports on equipment such as for producing, sales, or transport of illegal publications, rewards are to be up to 10% of the fines collected; where there are no fines, rewards may be up to 5% of the lawful auction price of confiscated equipment (the rewards described above are not to exceed 600,000 RMB); where upon review the reward is less than 1,000 RMB, a 1,000 RMB standard reward is to be given.

(3) Where the reports are of lead on the production or reproduction of illegal discs, the rewards are to be between 100,000 and 200,000 RMB per lead; where the reports are of proper disc production enterprises reproducing discs without authorization, the rewards are to be between 10,000 and 100,000 RMB; and where the reports are of consolidated burning of pirate discs, it is to be handled in accordance with item (2) of this article.

(4) For reports on the production, reproduction, publication, traficking, or broadcast of pornography, murderous violence, or other prohibited content; of websites, client terminals, and social network platforms, instant messaging tools, web storage and other storage media that is harmful to minors' physical and psychological health or harmful to social morality, such as campus bullying, suicide or self-mutilation, and violent abuse; after the subject of the report is dealt with in accordance with law, or the harmful information is deleted, a reward of 1,000 RMB is to be given; where it becomes an administrative punishment case, the reward is to be between 1,000 and 5,000 RMB; where leads on major violations of law are provided, and an important contribution is made to fighting online illegal and criminal conduct, between 20,000 and 50,000 RMB is to be given for each lead.

(5) For reporting extortion by news, fake news, fake media, fake reporter stations, or fake reporters establishing publications without authorization or fabricating or posing as a publication unit, a reward of 1,000 RMB is to be given; where it forms an administrative punishment case, a reward of between 1,000 and 5,000 RMB is to be given; and where a criminal case is formed, a reward of 5,000 to 1,000 RMB is give to the informant.

(6) For reports on buying and selling of book, periodical or article registration numbers and permit certificates, and other violations of laws and rules related to news publication, implementation is in accordance with item (5) of this article.

(7) For reports on the printing, reproducing and diseminating foreign publications without authorization, illegally importing foreign publications, or illegally carrying foreign publications with prohibited content or in volumes beyond personal use into the country; where the report is of use of network platforms and relevant channels to target the nation with sales promotions or broadcasting of foreign publications with prohibited content and related information, give the informant a reward of 1,000 RMB; where administrative punishment or criminal cases are formed, give a reward of between 1,000 RMB and 10,000 for each case.

(8) Reporting that shows publications (including online publications) or printed materials and relevant information have issues and might impact ideological security or social instability, a reward of 1000 RMB is to be given; where it forms an administrative punishment or criminal case, a reward of between 1,000 and 10,000 RMB is to be given for each case.

(9) For reports of issues or leads related to pornography and illegal content impacting ideological security or cultural security that play an important role in their appropriate handling and have a positive social impact, a reward of between 1,000 and 10,000 is to be given.

(10) Reports regarding illegal activities that are entered as cases overseen by the general office of the national working group on the elimination of pornography and illegal content, or other speacial major contributions, then after reporting to the national working group on the elimination of pornography and illegal content for approval, the reward may be appropriately increased, but must not exceed the upper limits of rewards provided for in these Measures.

(11) Where one person reports the same illegal activity to different departments for the 'elimination of pornography and illegal content', they can only obtain a reward once; where two or more persons report the same illegal activity in succession, reward the first informant; where two or more people report the same illegal activity together, after the department for the elimination of pornography and illegal content that received the reports determines the amount of the reward, the informants are to reach an agreement on division themselves, and where an agreement cannot be reached, the rewards are to be divided evenly.

Chapter III: Procedures and Oversight for Rewards for Reporting

Article 8: Departments giving rewards for reports notify informants who are eligible to receive rewards under these Measures of whether they will receive a reward and the procedures for doing so, within 30 working days of verifying the case and making an administrative punishment or opening a criminal case and deleting the harmful information.

Within 30 working days of receiving the notice, the informants are to follow the procedures for issuance of the reward, fill out a claim for the reward, and sigh it, then send it to the department giving the rewards with a photocopy of their identification card and bank account attached. The resources needed for issuing the rewards are to be kept by a person specially designated by the office for 'elimination of pornography and illegal materials', and kept

Article 9: The general offices of departments for the "elimination of pornography and illegal materials" working (leadership) groups are to issue rewards to informants.

Article 10: Strictly preserve informants' confidentiality; their names, identities, residential addresses and other information must not be disclosed without the approval of the informant and competent leadership; and responsibility of relevant units and responsible parties is to be pursued for violations in accordance with law and discipline.

Revenge must not be taken against informants by any unit or individual, and responsibility is to be pursued for those who violate laws or discipline.

Article 11: Where basic level personnel or volunteers in the grid for 'elimination of pornography and illegal content' report leads related to the 'elimination of pornography and illegal content' in that grid, it is to be included the rewards for reporting, with the specific requirements and reward standards being set by the general office of the local working (leadership) group on the 'elimination of pornography and illegal materials.

Article 12: Rewards for reporting by legal persons or other organizations are to be implemented in accordance with these measures. If it is a situation provided for in article 6 of these Measures, a reward is not to be given.

Article 13: The general office of each provincial, autonomous region, or directly governed municipality work (leadership) group on the "elimination of pornography and illegal content", in accordance with these Measures and in conjunction with the department (bureau) of finance and relevant departments, is to draft measures for rewarding reporting in that area, and arrange expenses for rewarding informants. The relevant measures are to be reported for filing with the general office for the 'elimination of pornography and illegal materials' nationwide.

Article 14: All levels of department for the elimination of pornography and illegal content are to draft measures on the use of reward funds, ensuring there are designated person for them, that funds are earmarked and specially audited, the finance department at the same level is responsible for oversight of the use of reward fees, and auditing departments are to do audits.

Chapter IV: Supplementary Materials

Article 15: The general office of the working group for national efforts to eliminate pornography and illegal content is responsible for interpreting these Measures.

Article 16: These Measures take effect on December 1, 2018. The "Measures on Rewards for Reports on the Creation and Traficking in Pornography, Pights Piracy, or Other Illegal Publication Activities" promulgated by the general office of the national leading group on the elimination of pornography, the administration on the press and publication, the Ministry of Finance, the Ministry of Public Security, the National Copyright Administration on January 18, 2000, is simultaneously repealed.

 

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