Administrative Measures on Internet Information Services
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Article 11. An Internet information service provider shall provide services according to the items covered by its operating permit or filing materials and shall not provide services other than the items covered by its operating permit or filing materials.
A non-operational Internet information service provider shall not engage in services for compensation.
If an Internet information services provider wishes to change the service items, website address or other items, it shall handle procedures for such changes with the original examining, issuing or filing authority 30 days in advance.
Article 12. An Internet information service provider shall prominently indicate its operating permit number or filing number on the homepage of its website.
Article 13. An Internet information services provider shall provide good quality services to Internet users and shall ensure the legality of the information provided by it.
Article 14. Internet information service providers that engage in news, publishing and electronic notice services, etc., shall record the contents of information distributed and the time distributed, as well as Internet addresses or domain names. Internet access service providers shall record user online time, user account numbers, Internet addresses or domain names and the principal telephone numbers of Internet users.
Such records of Internet information service providers and Internet access service providers shall be kept for 60 days and shall be made available when relevant State authorities make inquiries in accordance with law.
Article 15. Internet information service providers shall not produce, reproduce, distribute or disseminate information that includes the following contents:
(1) content that is against the basic principles determined by the Constitution;
(2) content that impairs national security, divulges State secrets, subverts State sovereignty or jeopardizes national unity;
(3) content that damages the reputation and interests of the State;
(4) content that incites ethnic hostility and ethnic discrimination or jeopardizes unity among ethnic groups;
(5) content that damages State religious policies or that advocates sects or feudal superstitions;
(6) content that disseminates rumors, disturbs the social order or damages social stability;
(7) content that disseminates obscenity, pornography, gambling, violence, homicide and terror, or incites crime;
(8) content that insults or slanders others or that infringes their legal rights and interests; and
(9) other content prohibited by laws or administrative regulations.
Article 16. If an Internet information service provider discovers that information transmitted by its website clearly falls within the contents listed in Article 15 hereof, it shall immediately discontinue the transmission of such information, keep relevant records and make a report to relevant State authorities.
Article 17. If an operational Internet information service provider applies for domestic or foreign stock exchange listing or conducts joint investment or cooperation with foreign investors, the prior examination and approval of the supervisory department for the information industry under the State Council shall be required. In addition, the percentage of foreign investment shall comply with the provisions of relevant laws and administrative regulations.
Article 18. The supervisory department for the information industry under the State Council and the telecommunications administration authorities of provinces, autonomous regions and municipalities directly under the central government shall supervise and regulate Internet information services in accordance with law.
The supervisory departments for supervising and regulating news, publishing, education, public health and pharmaceuticals, for administering industry and commerce and for public security and national security shall supervise and regulate the content of Internet information within the scope of their respective competences in accordance with law.
Article 19. If one is engaging in unauthorized operational Internet information services without an operating permit or providing services other than the items covered by one's permit in breach of the provisions of these Measures, the telecommunications administration authority of the province, autonomous region or municipality directly under the central government shall order rectification within a specified time limit. If there are illegal proceeds, they shall be confiscated and a fine of between three and five times the amount of the illegal proceeds shall be imposed. If there are no illegal proceeds or the illegal proceeds are less than Renminbi Yuan 50,000, a fine of between Renminbi Yuan 100,000 and Renminbi Yuan 1,000,000 shall be imposed. If the case is serious, the website shall be ordered to shut down.
If one is engaging in unauthorized non-operational Internet information services without carrying out filing procedures or providing services other than the items covered by the filing materials in breach of the provisions of these Measures, the telecommunications administration authority of the province, autonomous region or municipality directly under the central government shall order rectification within a specified time limit. If rectification is refused, the website shall be ordered to shut down.
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