Regulations for the Administration of Internet News Information Service

Regulations for the Administration of Internet News Information Service

Order of the Information Office of the State Council and the Ministry of Information Industry [2005] No. 37

September 25, 2005

Chapter I General Provisions

Article 1 The present Rules are formulated in order to regulate Internet news information services, satisfy the demands of the general public for Internet news information, safeguard the national security and public interest, protect the legitimate rights and interests of Internet news information service providers, and promote the healthy and orderly development of Internet news information services.

Article 2 Those who provide Internet news information services within the territory of the People's Republic of China shall abide by the present Rules.
News information as mentioned in the present Rules refers to the news information on current affairs and politics, including the relevant reports and commentaries on politics, economy, military affairs, foreign affairs, and other public affairs, as well as the relevant reports and commentaries on social emergencies.
Internet news information services as mentioned in the present Rules include the services of publishing news information via Internet, providing electronic bulletin services on current affairs and politics, and transmitting communicative information on current affairs and politics to the public.

Article 3 Internet news information service providers shall, when undertaking Internet news information services, abide by the Constitution, laws and regulations, stick to the direction of serving the people and socialism, uphold the correct media guidance, and maintain the national and public interest.
The state encourages Internet news information service providers to disseminate healthy and civilized news information which is beneficial to the improvement of the qualities of the nation, beneficial to economic development and conducive to social progress.

Article 4 The Information Office of the State Council is responsible for supervising and administering the Internet news information services throughout China. The information offices of the people's government of the provinces, autonomous regions, or municipalities directly under the Central Government are responsible for supervising and administering the Internet news information services within their own jurisdiction.

Chapter II Establishment of Internet News Information Service Providers

Article 5 Internet news information service providers are classified into the following three categories:
1. Internet news information service providers established by news entities to publish the news other than those that have not been published and broadcasted by the said entities, to provide electronic bulletin services relating to current affairs and politics, and to transmit communicative information of current affairs and politics to the public;
2. Internet news information service providers established by non-news entities to re-publish news information, to provide electronic bulletin services relating to current affairs and politics, and to transmit communicative information of current affairs and politics to the public;
3. Internet news information service providers established by news entities to publish the news information which has been published or broadcasted by the said news entities.
The establishment of the Internet news information service providers stipulated in Items 1 and 2 of the preceding paragraph shall be subjected to the examination and approval of the Information Office of the State Council according to the Decision of the State Council on Establishing Administrative License for the Administrative Examination and Approval Items Really Necessary To Be Retained and other relevant administrative regulations.
The establishment of Internet news information service providers stipulated in Item 3 of Paragraph 1 of this Article shall file for record with the Information Office of the State Council or the information office of the people's government of provinces, autonomous regions, or municipalities directly under the Central Government.

Article 6 Where an Internet news information service provider is jointly established by a news entity and a non-news entity, and the proportion of equity owned by the news entity is no less than 51%, it shall be deemed as established by the news entity; while if the proportion of equity owned by the news entity is less than 51%, such an Internet news information service provider shall be deemed as established by the non-news entity.

Article 7 The applicant shall satisfy the following conditions when applying for the establishment of an Internet news information service provider as stipulated in Item 1 of Paragraph 1 of Article 5 of the present Rules:
1. Having sound rules and regulations on the management of Internet news information services;
2. Having not less than 5 full-time news editors who have engaged in the news work in a news entity for more than 3 years;
3. Having the necessary location, equipments and funds, and the sources of the funds being legal.
An institution which is allowed to apply for establishing an Internet news information service provider as stipulated in the preceding paragraph shall be a news entity of the central government, a news entity directly under the people's government of a province, autonomous region, or municipality directly under the Central Government, or a news entity directly under the people's government of a city where the people's government of the province or autonomous region is located.
With regards to the examination and approval of the establishment of an Internet news information service provider as stipulated in Paragraph 1 of this Article, the applicant shall satisfy not only the conditions stipulated in this Article, but also the requirements of the Information Office of the State Council on the total quantity, structure and layout for the development of the Internet news information service industry.

Article 8 When applying for establishing an Internet news information service provider as stipulated in Item (2) of Paragraph 1 of Article 5 of the present Rules, the applicant shall not only satisfy the conditions stipulated in Items 1 and 3 of Paragraph 1 of Article 7 of the present Rules, but also have not less than 10 full-time news editors, among whom there shall be not less than 5 news editors who have engaged in the news work in a news entity for more than 3 years.
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