Title: Provisions on Management of Internet News Services Promulgating Entities:Cybersecurity Administration Reference number: Order No.1 Promulgation Date: 2017-5-2 Expiration date: Source of text: http://news.jcrb.com/jxsw/201705/t20170502_1748501.html An alternative translation by China Copyright and Media was consulted in completing this work.
The "Provisions on the Management of Internet News Information Services"have already been deliberated and passed by the State Internet Information Office and are hereby released, to be implemented from June 1, 2017.
Director Xu Lin
2017/5/2
Table of Contents
Chapter IV: Oversight and Inspection
Chapter V: Legal Responsibility
Chapter VI: Supplementary Provisions
Provisions on Management of Internet News Services
Chapter I: General Provisions
Article 1: These Provisions are formulated on the basis of the "Cybersecurity Law of the People's Republic of China", the "Provisions on Management of International Information Services," and the "State Council Notice on Authorizing the State Internet Information Office to be Responsible for Efforts to Manage Internet Information Content," so as to strengthen the management of Internet information content and to promote the healthy and orderly development of internet news information services.
Article 2: These Provisions apply to the provision of Internet news information services within the mainland borders of the People’s Republic of China.
'News information' as used in these Rules, refers to reporting and commentary on social and public affairs including politics, economics, military affairs, and foreign affairs, as well as reporting and commentary on relevant societal emergency incidents.
Article 3: The provision of internet news information services shall abide by the Constitution, laws, and administrative regulations; persist in the direction of servicing the people and Socialism; maintain the correct guidance of public opinions; play the role of supervising public opinion; facilitate the formation of positive and healthy internet culture; and protect State and public interests.
Article 4: The State Internet Information Office is responsible for Internet news information service supervision, management, and law enforcement efforts nationwide. Local internet information offices are responsible for Internet information supervision, management and law enforcement efforts within that administrative region and on the basis of their duties.
Chapter II: Licensing
Article 5: The provision of Internet news information services to the public through internet sites, applications, forums, blogs, microblogs, public accounts, instant messaging tools, webcast, and other forms shall be upon obtaining internet news information service licenses; and must not carry out internet new information service activities without a license or exceeding the scope of the license.
"Internet news information services" as used in the preceding paragraph include internet news information collecting, editing, and publishing services; re-publishing services; and distribution platform services.
Article 6: Those applying for Internet news information service licenses shall meet the following requirements:
(1) They are legal persons established in accordance with law within the mainland territory of the People’s Republic of China;
(2) The principle responsible person and chief editor are Chinese citizens;
(3) They have full-time news editing personnel, content verification personnel and technological protection personnel suited to the services;
(4) They have sound systems for management of internet news information services;
(5) They have sound systems for information security management as well as safe and controllable technical safeguard measures;
(6) They have venues, equipment, and funds suited to the services.
Those applying for internet news information collection and distribution permits, shall be news units (including units they have a controlling interest in) or units responsible for management of news and publicity departments.
Internet news information service providers that meet requirements are to carry out a special stock management system, with specific implementation measures to be provided separately by the State Internet Information Office.
For the provision of internet news information services, formalities for internet information service permits or filings shall also be lawfully completed with the the competent telecommunications departments.
Article 7: Internet news information services must not be established by any organizations as Sino-foreign joint venture enterprises, Sino-foreign collaborative enterprises, or foreign-invested enterprises.
Cooperation between Internet news information services and domestic Sino-foreign joint ventures, Sino-foreign collaborative enterprises, and foreign-invested companies, involving Internet news information service business, shall be reported to the State Internet Information Office for security assessment.
Article 8: Collection or editing operations, and business operations of internet news information service providers shall be separated, and non-public capital shall not enter internet news information collection and editing operations.
Article 9: Where the applying body is a Central news work unit (including the units they have controlling interests in) or a unit controlled by a Central news and publicity department, applications for Internet news information services licences, are to be received and decided upon by the State Internet Information Office; where the applying body is a local news work unit (including the units they have controlling interests in) or a unit controlled by a local news and publicity department, the provincial, autonomous region or municipal Internet information office is to accept and decide upon it; where the applying body is another unit, it is to be decided upon by the State Internet Information Office after being accepted and preliminary investigated by the provincial, autonomous region, or directly governed municipality Internet information office.
Where State, provincial, autonomous region or municipal Internet information offices decide to so approve, 'Internet News Information Service Licenses' are to be issued. 'Internet News Information Service Licenses' are valid for 3 years. When the validity period is completed, and it is necessary to continue engaging in internet news information service activities, a continuation shall be applied for within 30 days of the completion of the validity period.
Provincial, autonomous region and municipal Internet information offices shall regularly report on licensing acceptance and decisions to the state internet information office.
Article 10: Those applying for an Internet news information service licenses shall submit the following application materials:
(1) proof that the principle responsible person and the editor-in-chief are Chinese citizens;
(2) The qualifications of full-time news editing personnel, content verification personnel and technological protection personnel;
(3) Systems for the management of Internet News Information;
(4) Information security management systems and technological safeguard measures;
(5) Internet news information service security assessment reports;
(6) Proofs such as of legal personhood, premises, funds, and shareholder structures;
(7) Other materials provided by laws and regulations.
Chapter II: Operations
Article 11: Internet news information service providers shall establish a chief editor with final responsibility for Internet news information content. Candidates for chief editor shall possess relevant business experience, meet relevant requirements, and be reported to the State or provincial, autonomous region, or directly governed municipality's internet information office.
Internet news information service practitioners shall lawfully obtain the relevant qualifications, and undergo professional training and evaluations. Internet news information service practitioners engaging in news collection and editing activities are to have professional news collection and editing credentials, and hold a journalist identification uniformly issued by the State Administration of Press, Publications, Radio, Film and Television.
Article 12: Internet news information service providers shall complete systems for information dissemination examination and verification, for public information inspection, emergency response and handling, and other such information security management systems, and have safe and controllable technical safeguard measures.
Article 13: Internet news information service providers providing users with Internet news information dissemination platform services shall require users to provide real identity information the provisions of the “Cybersecurity Law of the People’s Republic of China”. Where users do not provide truthful identification information, internet news information service providers must not provide them with the relevant services.
Internet news information service providers have a duty to protect users' identity and log information, and must not leak, tamper with, or damage it, and must not sell or illegally provide it to others.
Internet news information service providers and their employees must not seek improper benefit through collection and editing, dissemination, reprinting or deletion of news information, or intervention in the presentation of news information, search results, or other such means.
Article 14: Where Internet news information service providers provide internet news information broadcast platform services, they shall conclude agreements with the users of their platforms, clearly stipulating the rights and obligations of both sides.
Where users set up public accounts, Internet news information service providers shall examine and verify their account information, service qualifications, scope of services, and other such information, and file this with the provincial, autonomous region, or directly governed municipality's Internet information office.
Article 15: Internet news information service providers reprinting news information shall reprint news information issued by Central news units or other units within the range provided by the state, such as news units directly controlled by provinces, autonomous regions or directly governed municipalities; and shall clearly indicate the news information’s source, original author, original title, the real name of the editor, and so forth; and must not distort or modify the original meaning of the title and the content of the news information, and ensure news information’s source is traceable.
Internet news information service providers reprinting news information shall obey the relevant copyright laws and regulations, and protect the lawful rights and interests of copyright holders.
Article 16: Internet news information service providers and users must not produce, reproduce, disseminate or reprint information with content prohibitted by laws or administrative regulations.
Where Internet news information service providers discover content violating Article 3 of these Regulations or the provisions of the preceding paragraph, they shall immediately stop the transmission of that information and adopt measures such as deletion in accordance with law, preserve relevant records, and record the matter with the relevant competent departments.
Article 17: Where Internet news information service providers change their principle responsible persons, editor-in-chief, supervisory unit, shareholder structure or other major matters that impact conditions of their permit, they shall apply to the original licence-issuing body for modification.
Internet news information service providers using new technologies, adjusting or adding application functions of a news and public opinion nature or with social mobilization capability, they shall report the matter to the State or, provincial, autonomous region, or directly governed municipality Internet information offices to conduct Internet news information service security assessment.
Article 18: Internet news information service providers shall indicate the Internet News Information Service Licenses number in a conspicuous location.
internet news information service providers shall conscientiously accept social oversight, establish channels for social complaints and reporting, establish efficient portals for complaints and reports, and promptly handle the public's complaints and reports.
Chapter IV: Oversight and Inspection
Article 19: The State and local Internet information offices shall establish supervision and management systems that combine routine inspections and periodic inspection, and lawfully conduct supervision and inspections of Internet news information service activities, relevant units and individuals shall cooperate.
State and local internet information offices shall complete management systems for law enforcement personnel. Law enforcement personnel carrying out law enforcement activities shall lawfully present law enforcement identification.
Article 20: Where any organization or individual discovers Internet news information service providers have committed acts violating these Rules, they may report the matter to the State or local Internet information offices.
The State and local Internet information offices shall make public the methods for accepting reports, and shall lawfully handle any reports after they are received. Internet news information service providers shall cooperate.
Article 21: The State and local Internet information offices shall establish online credit archives for Internet news information service, and establish a blacklist system and 'talking-to' system for the untrustworthy.
The State Internet Information Office, in collaboration with the State Council departments for telecommunications, public security, and press, publications, radio, film and television department; is to establish information sharing mechanisms, strengthening work communication, coordination and cooperation, and lawfully carry out specialized supervision and inspection activities such as for joint law enforcement.
Chapter V: Legal Responsibility
Article 22: Where the provisions of Article 5 of these Regulations are violated by carrying out Internet news information service activities without a licence or beyond the scope of a licence, the State or provincial, autonomous region, or directly governed municipality's internet information office are to ordered the relevant service activities be stopped and give a fine of between 10,000 and 30,000 RMB on the basis of their duties.
Article 23: Where Internet news information service providers in the course of operations, no longer meet licensing requirements, the original licence-issuing organ is to order corrections be made withing a set time; and where the licencing requirements are still not met after this period, pause the updating of news information; when licencing requirements are still not met upon completion of the “Internet News Information Service Licence” validity period, the licence will not be reissued.
Article 24: Where Internet news information service providers violate the provisions of Article 7 Paragraph 2, Articles 8, 11, 12, Article 13 Paragraph 3, Article 14, Article 15 Paragraph 1, or Articles 17 or 18 of these Regulations, the national or local Internet information offices are to issue a warning on the basis of their duties, and order that corrections be made within a set time; and where the circumstances are serious or corrections are refused, pause news information updates and impose a fine of between 5,000 and 30,000 RMB ; and where a crime is constituted, pursue criminal responsibility in accordance with law.
Article 25: Where Internet news information service providers violate the provisions of Article 3, Article 16 Paragraph 1, Article 19 Paragraph 1, or Article 20 Paragraph 2 of these Regulations, the national or local Internet information offices are to issue a warning on the basis of their duties, and order that corrections be made within a set time; and where the circumstances are serious or corrections are refused, pause news information updates and impose a fine of between 20,000 and 30,000 RMB ; and where a crime is constituted, pursue criminal responsibility in accordance with law.
Article 26: Where Internet news information service providers violate the provisions of Article 13 Paragraph 1 or Article 16 Paragraph 2 of these Regulations, the State or local Internet information offices are to handle the matter in accordance with the provisions of the “People's Republic of China Cybersecurity Law".
Chapter VI: Supplementary Provisions
Article 27: "News units" as used in these Regulations refers to lawfully established newspaper and periodical publishers, radio stations, television stations, news agencies and news film studios.
Article 28: Where violations of these Regulations simultaneously violate the Internet information service management Provisions, after handling with the matter on the basis of these Regulations,the State and local Internet information offices are to transfer the matter to the competent department for telecommunications for disposition,
Where the State has other provisions on internet A/V programming services, network publication services, and so forth, those provisions shall be complied with concurrently.
Article 29: These Provisions take effect on June 1st, 2017. Where these Rules are inconsistent with relevant rules promulgated before these Rules, these Rules apply.
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