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Provisions on the Administration of Internet News and Information Services

0 CommentsPrint E-mail ChinaITLaw.org, January 21, 2010
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Chapter 4 Supervisory Management

Article 22 The Information Office of the State Council and the Information Office of the people's government of the provinces, autonomous regions, and municipalities directly under the central government shall supervise and inspect the Internet news and information services entities in accordance with the law, and the relevant entities and persons shall provide assistance.

The persons from the Information Office of the State Council and the Information Office of the people's government of the provinces, autonomous regions, and municipalities directly under the central government engaging in the on-site examination in accordance with the law shall produce the law enforcement credentials.

Article 23 The Information Office of the State Council and the Information Office of the people's government of the provinces, autonomous regions, and municipalities directly under the central government shall supervise and inspect the Internet news and information services entities; in the case of publishing news and information, providing bulletin board services for current events, and transmitting current communications violating Clause 1 of Article 3 and Article 19, they shall be notified to delete it. Internet news and information services entities shall immediately delete it and retain the records and provide them to the relevant departments that make inquiries according to the law.

Article 24 The establishment of Internet news and information services entities under Items 1 and 2 of Clause 1 of Article 5, in the case of those established by central news entities, shall submit an annual business report to the Information Office of the State Council within the prescribed period; those established by other news organizations or non-news organizations shall submit an annual business report to the Information Office of the State Council through the Information Office of the people's government of the provinces, autonomous regions, and municipalities directly under the central government within the prescribed period every year.

The Information Office of the State Council may examine the management systems, personnel, and service contents of Internet news and information services entities.

Article 25 Internet news and information services entities shall accept public supervision.

The Information Office of the State Council shall publicize the Web site or web address and telephone numbers to accept public information about an offense and shall make decisions according to the law; in the case of reports that fall under the jurisdiction of another department, they shall be handed over to the relevant departments.

Chapter 5 Legal Responsibilities

Article 26 Whoever violates Clause 2 of Article 5 by engaging in Internet news and information services entities without permission or violates Article 15 by engaging in Internet news and information services beyond the accepted range of service items shall be ordered to cease the illegal acts and a fine of more than RMB 10,000 but less than RMB 30,000 shall be imposed by the Information Office of the State Council and the Information Office of the people's government of the provinces, autonomous regions, and municipalities directly under the central government in accordance with their respective powers; if the circumstance is serious, the administrative department in charge of telecommunications, in accordance with a written decision made by the Information Office of the State Council and the Information Office of the people's government of the provinces, autonomous regions, and municipalities directly under the central government, shall terminate the Internet news and information services or order the entities engaging in Internet access services to stop the access services.

Article 27 Internet news and information services entities publishing or transmitting news and information in violation of Article 19 or not fulfilling their responsibilities to delete such contents shall be warned and may be ordered to stop the illegal acts and a fine of more than RMB 10,000 but less than RMB 30,000 may be imposed by the Information Office of the State Council or the Information Office of the people's government of the provinces, autonomous regions, and municipalities directly under the central government; if the circumstance is serious, the administrative department in charge of telecommunications, according to a written decision made by the relevant administrative departments in accordance with the rules and regulations on the administration of Internet news and information services, shall stop the Internet news and information services or order the entities engaging in the Internet access services to stop the access services.

Internet news and information services entities publishing or transmitting news and information violating Clause 1 of Article 3 shall be punished by the Information Office of the State Council and the Information Office of the people's government of the provinces, autonomous regions, and municipalities directly under the central government in accordance with the kinds and scopes of the sanctions prescribed by the above clause.

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