Promulgation Authorities: State Council of China

Release Date: 2011-11-08

Effective Date: 2011-11-08

Source: https://flk.npc.gov.cn/detail2.html?ZmY4MDgwODE2ZjNjYmIzYzAxNmY0MTE4ZTQ3NjE2ZjE

Original Title: 互联网信息服务管理办法

Article 1: These measures are formulated to regulate internet information service activities, promote the healthy and orderly development of internet information services.

Article 2: Anyone engaged in internet information service activities within the territory of the People's Republic of China must comply with these measures. Internet information services referred to in these measures are services that provide information to internet users via the internet.

Article 3: Internet information services are divided into two categories: operational and non-operational. Operational internet information services refer to services provided to internet users for a fee, such as providing information or webpage production services. Non-operational internet information services refer to services provided to internet users free of charge, offering publicly available, shared information.

Article 4: The state implements a licensing system for operational internet information services and a filing system for non-operational internet information services. Those who have not obtained a license or completed the filing procedures shall not engage in internet information services.

Article 5: Those engaged in internet information services such as news, publishing, education, healthcare, pharmaceuticals, and medical devices, etc., which require approval from relevant competent authorities according to laws, administrative regulations, and relevant national regulations, shall obtain approval from the relevant competent authorities before applying for a license or completing filing procedures.

Article 6: Those engaged in operational internet information services must, in addition to meeting the requirements stipulated in the Telecommunications Regulations of the People's Republic of China, also have the following conditions: (1) Business development plan and relevant technical solutions; (2) Sound network and information security measures, including website security measures, information security confidentiality management systems, and user information security management systems; (3) For services falling within the scope of Article 5 of these measures, documents confirming the consent of the relevant competent authorities have been obtained.

Article 7: Those engaged in operational internet information services shall apply for an Internet Information Service Value-added Telecommunications Business Operation License (hereinafter referred to as the Operation License) from the telecommunications management authority of the province, autonomous region, municipality directly under the Central Government, or the State Council's information industry competent department.

The telecommunications management authority of the province, autonomous region, municipality directly under the Central Government, or the State Council's information industry competent department shall complete the review within 60 days from the date of receiving the application, and make a decision to approve or not. If approved, the Operation License shall be issued; if not approved, the applicant shall be notified in writing with reasons.

After obtaining the Operation License, the applicant shall proceed with the registration procedures with the enterprise registration authority with the Operation License.

Article 8: Those engaged in non-operational internet information services shall apply for filing procedures with the telecommunications management authority of the province, autonomous region, municipality directly under the Central Government, or the State Council's information industry competent department. When applying for filing, the following materials shall be submitted: (1) Basic information of the organizer and website responsible person; (2) Website address and service projects; (3) For services falling within the scope of Article 5 of these measures, documents confirming the consent of the relevant competent authorities have been obtained.

The telecommunications management authority of the province, autonomous region, municipality directly under the Central Government, or the State Council's information industry competent department shall complete the filing if the filing materials are complete and assign a filing number.

Article 9: Those engaged in internet information services intending to operate electronic bulletin services shall, according to relevant national regulations, submit special applications or filings when applying for operational internet information service licenses or filing non-operational internet information services.

Article 10: The telecommunications management authorities of provinces, autonomous regions, municipalities directly under the Central Government, and the State Council's information industry competent departments shall publicly announce the list of internet information service providers that have obtained Operation Licenses or completed filing procedures.

Article 11: Internet information service providers shall provide services in accordance with the licensed or filed projects and shall not exceed the scope of the licensed or filed projects. Non-operational internet information service providers shall not engage in paid services. Internet information service providers, when changing service projects, website addresses, etc., shall complete the change procedures with the original review, certification, or filing authority 30 days in advance.

Article 12: Internet information service providers shall prominently display their operation license number or filing number on the homepage of their website.

Article 13: Internet information service providers shall provide good services to internet users and ensure that the information provided is legal.

Article 14: Internet information service providers engaged in news, publishing, electronic bulletin, and other service projects shall record the information content provided, including the publication time, internet address or domain name. Internet access service providers shall record internet users' online time, user accounts, internet addresses or domain names, calling phone numbers, etc. The record backup of internet information service providers and internet access service providers shall be kept for 60 days and provided when queried by relevant national authorities according to law.

Article 15: Internet information service providers shall not produce, duplicate, publish, or disseminate information containing content as listed in Article 15, including content opposing the basic principles established by the Constitution, endangering national security, leaking state secrets, subverting state power, undermining national unity, spreading rumors, disrupting social order, disseminating obscene, pornographic, gambling, violent, murderous, terroristic, or instigating criminal activities, insulting or defaming others, or containing other content prohibited by laws and administrative regulations.

Article 16: Internet information service providers who discover that the information transmitted on their website clearly belongs to one of the contents listed in Article 15 of these measures shall immediately stop transmission, preserve relevant records, and report to the relevant national authorities.

Article 17: Operational internet information service providers applying for listing domestically or overseas or cooperation with foreign investors shall obtain prior approval from the State Council's information industry competent department. The proportion of foreign investment shall comply with relevant laws and administrative regulations.

Article 18: The State Council's information industry competent department and provincial, autonomous region, and municipal telecommunications management authorities shall supervise and administer internet information services according to law. Relevant competent authorities for news, publishing, education, health, pharmaceutical supervision and administration, industry and commerce administration, public security, and national security shall supervise and administer internet information content within their respective responsibilities according to law.

Article 19: Those who violate these measures, engage in operational internet information services without obtaining a license, provide services beyond the licensed scope, shall be ordered to rectify within a time limit by the provincial, autonomous region, or municipal telecommunications management authority. If illegal gains are obtained, the gains shall be confiscated, and a fine shall be imposed of three to five times the illegal gains; if there are no illegal gains or the illegal gains are less than RMB 50,000, a fine of no less than RMB 100,000 and no more than RMB 1 million shall be imposed; for serious cases, the website shall be ordered to be closed.

Those who violate these measures, fail to complete filing procedures, engage in non-operational internet information services without authorization, or provide services beyond the filed scope, shall be ordered to rectify within a time limit by the provincial, autonomous region, or municipal telecommunications management authority. If the rectification is refused, the website shall be ordered to be closed.

Article 20: Producing, duplicating, publishing, or disseminating information as listed in Article 15 of these measures, if constituting a crime, shall be investigated for criminal responsibility according to law; if it does not constitute a crime, punishment shall be imposed by public security organs and state security organs in accordance with the relevant provisions of the Public Security Administration Punishment Law of the People's Republic of China, Measures for the Administration of Security Protection of International Networking of Computer Information Networks, and other relevant laws and administrative regulations; for operational internet information service providers, the certification authority shall order suspension of business restructuring until revocation of the operation license and notify the enterprise registration authority; for non-operational internet information service providers, the filing authority shall order temporary closure of the website until the website is closed.

Article 21: Those who fail to fulfill the obligations stipulated in Article 14 of these measures shall be ordered to rectify within a time limit by the provincial, autonomous region, or municipal telecommunications management authority. For serious cases, suspension of business restructuring or temporary closure of the website shall be ordered.

Article 22: Those who violate these measures by failing to indicate their operation license number or filing number on the homepage of their website shall be ordered to rectify within a time limit by the provincial, autonomous region, or municipal telecommunications management authority, and fined between RMB 5,000 and RMB 50,000.

Article 23: Those who violate the obligations stipulated in Article 16 of these measures shall be ordered to rectify within a time limit by the provincial, autonomous region, or municipal telecommunications management authority. For operational internet information service providers, the certification authority shall revoke the operation license; for non-operational internet information service providers, the filing authority shall order the closure of the website.

Article 24: Internet information service providers who violate other laws and regulations shall be punished by relevant competent authorities such as news, publishing, education, health, pharmaceutical supervision and administration, and industry and commerce administration in accordance with relevant laws and regulations.

Article 25: Telecommunications management agencies, other relevant competent authorities, and their staff who neglect their duties, abuse their powers, practice favoritism, commit irregularities, and fail to supervise and manage internet information services properly, resulting in serious consequences, shall be investigated for criminal responsibility according to law; if the circumstances do not constitute a crime, the directly responsible person in charge and other directly responsible persons shall be given administrative sanctions such as demotion, dismissal, or dismissal in accordance with the law.

Article 26: Those engaged in internet information services before the promulgation of these measures shall complete the relevant procedures in accordance with the relevant provisions of these measures within 60 days from the date of promulgation of these measures.

Article 27: These measures shall come into force as of the date of promulgation.