“Internet Information Service Management Measures” Order of the State Council of the People’s Republic of China (No. 292)

Order of the State Council of the People’s Republic of China (No. 292)

The “Internet Information Service Management Measures” was passed at the 31st executive meeting of the State Council on September 20, 2000, and is now promulgated and implemented.

Prime Minister: [Zhu Rongji]

September 25, 2000

Internet Information Service Management Measures

(Announced by Order No. 292 of the State Council of the People’s Republic of China on September 25, 2000, Revised according to the “Decision of the State Council on Abolishing and Modifying Some Administrative Regulations” on January 8, 2011)

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

Article 2 Those engaging in internet information service activities within the territory of the People’s Republic of China must abide by these measures.

The “internet information services” referred to in these Measures refer to the service activities of providing information to internet users via the internet.

Article 3 Internet information services are divided into commercial and non-commercial types.

Commercial internet information services refer to the service activities of providing payable information to internet users, or services such as web page creation, via the internet.

Non-commercial internet information services refer to the service activities of providing searchable, shareable information to internet users for free via the internet.

Article 4 The state implements a licensing system for commercial internet information services and a filing system for non-commercial internet information services.

those who have not obtained the license or not completed the filing procedures may not carry out internet information services.

Article 5 In providing internet information services such as news, publishing, education, medical care, drugs, and medical devices, the relevant competent departments must review and approve in accordance with laws, administrative regulations, and national regulations before applying for a business license or completing the filing procedures.

Article 6 To engage in commercial Internet information services, in addition to complying with the requirements stipulated in the “Regulations of the People’s Republic of China on Telecommunications”, the following conditions must also be met:

(1) Have a business development plan and related technical plans.
(2) Have robust network security measures, including website security measures, information security confidentiality management systems, and user information security management systems.
(3) If the service items belong to the range stipulated in Article 5 of these Measures, the relevant competent department’s approval documents have been obtained.

Article 7 To engage in commercial Internet Information Services, applications should be made to the telecommunications management agencies of provinces, autonomous regions, directly administered municipalities, or the competent department of the information industry of the State Council for the issuance of a license for the operation of value-added telecommunications services for Internet Information Services (hereinafter referred to as the “Business License”).

The telecommunications management agencies of provinces, autonomous regions, directly administered municipalities, or the competent department of the information industry of the State Council should review the applications within 60 days from the date of receipt of the applications and make decisions on approval or non-approval. For those approved, a Business License is issued; for those not approved, the applicant should be notified in writing with reasons provided.

After acquiring the Business License, the applicant should register with the Enterprise Registration Authority.

Article 8 For non-commercial Internet information services, the telecommunications management agencies of provinces, autonomous regions, directly administered municipalities or the competent department of the information industry of the State Council should carry out the record-filing procedures. At the time of filing, the following materials should be submitted:

(1) Basic information about the host unit and the website in charge;
(2) Website address and service items;
(3) If the service items fall within the range as stipulated in Article 5 of these Measures, the approval document from the relevant competent department has been obtained.

For complete record-filing materials, the telecommunications management agencies of provinces, autonomous regions, directly administered municipalities should keep a record and assign a number.

Article 9 To provide Internet information services and intend to start electronic bulletin services, a separate application or separate record filing should be made in accordance with national regulations when applying for a commercial Internet information service permit or completing the non-commercial Internet information service record filing.

Article 10 The telecommunications management agencies of provinces, autonomous regions, directly administered municipalities, and the competent department of the information industry of the State Council should announce the list of Internet information service providers who have obtained the business licenses or completed the record filing procedures.

Article 11 An Internet information service provider should provide services according to the permitted or filed items, and should not exceed the permitted or filed items when providing services.

Non-commercial Internet information service providers should not offer paid services.

If the Internet information service provider changes service items, website addresses, etc., they should apply for modification procedures to the original review, licensing or record-keeping agency 30 days in advance.

Article 12 An Internet information service provider should clearly indicate its business license number or record number at a prominent location on its website homepage.

Article 13 An Internet information service provider should provide good services to Internet users and ensure that the content of the information provided is legal.

Article 14 Internet information service providers who perform services such as news, publishing, and electronic bulletins should record the content of the provided information and its publishing time, Internet address, or domain name; Internet access service providers should record the Internet user’s online time, user account, Internet address or domain name, main toll numbers and other information.

The records backup of Internet Information Service providers and Internet access service providers should be kept for 60 days and provided when the relevant state authorities inquire about it in accordance with the law.

Article 15 Internet information service providers should not produce, replicate, release, or disseminate information containing the following:

(1) Opposing the basic principles established by the constitution;
(2) Endangering national security, disclosing state secrets, subverting state power, or endangering national unity;
(3) Damaging national honor and interests;
(4) Inciting ethnic hatred, ethnic discrimination, or undermining national unity;
(5) Destroying national religious policies and advocating heresy and feudal superstition;
(6) Spreading rumors, disrupting social order, or undermining social stability;
(7) Disseminating obscenity, pornography, gambling, violence, murder, terror, or instigating crime;
(8) Insulting or slandering others, infringing upon the lawful rights and interests of others;
(9) Containing other content prohibited by law and administrative regulations.

Article 16 If an Internet Information Service provider finds that the information transmitted on its website clearly falls into one of the categories in Article 15 of these Measures, it should immediately stop transmitting, keep relevant records, and report to the relevant national authorities.

Article 17 For commercial Internet information service providers applying for domestic and foreign listings or joint ventures/cooperation with foreign businesses, the competent department of the information industry of the State Council should review and approve in advance. The proportion of foreign investment should comply with the provisions of relevant laws and administrative regulations.

Article 18 The competent department of the information industry of the State Council and the telecommunications management agencies of the provinces, autonomous regions, and directly administered municipalities supervise and manage Internet information services in accordance with the law. The relevant competent departments of news, publishing, education, healthcare, drug supervision and management, industrial and commercial administration, public security, national security, and other relevant competent departments supervise and manage Internet information content within their respective scopes of responsibility in accordance with the law.

Article 19 Violation of the provisions of these Measures, carrying out commercial Internet information services without obtaining business licenses, or providing services beyond the permitted items, the telecommunications management agencies of the provinces, autonomous regions, directly administered municipalities order a time limit for correction; if there are illegal gains, the illegal gains will be confiscated and a fine between 3 and 5 times of the illegal gains will be imposed; if there are no illegal gains or the illegal gains are less than 50,000 yuan, a fine between 100,000 yuan and 1 million yuan will be imposed; in severe cases, the website will be ordered to close.

Violation of the provisions of these Measures, carrying out non-commercial Internet information services without completing the record filing procedures, or providing services beyond the filed items, the telecommunications management agencies of the provinces, autonomous regions, directly administered municipalities order a time limit for correction; in case of refusal to correct, the website will be ordered to close.

Article 20 Producing, replicating, releasing, or disseminating information that falls into any one of the categories in Article 15 of these Measures, constitutes a crime, then criminal responsibility shall be investigated in accordance with the law.; If it does not constitute a crime, the public security organ and the state security organ shall punish it in accordance with the “Law of the People’s Republic of China on Public Security Administration”, “Regulations on the Security Protection Management of the Computer Information Network International Internet” and other relevant laws and administrative regulations; for commercial Internet information service providers, the licensing authority shall order suspension of business for rectification till revoking the Business License and notify the enterprise registration authority; for non-commercial Internet information service providers, the record-filing authority shall order temporary closure of the website till overall closure of the website.

Article 21 Failure to fulfill the obligations specified in Article 14 of these Measures, the telecommunications management agencies of the provinces, autonomous regions, directly administered municipalities order correction; in severe cases, they shall order suspension of business for rectification or temporary closure of the website.

Article 22 Violation of the provisions of these Measures, not clearly indicating the business license number or record-filing number on its website homepage, the telecommunications management agencies of the provinces, autonomous regions, directly administered municipalities order correction, and a fine of more than RMB 5,000 but less than RMB 50,000 will be imposed.

Article 23 Failure to fulfill the obligations stipulated in Article 16 of these Measures, the telecommunications management agencies of the provinces, autonomous regions, directly administered municipalities order correction; in severe cases, they revoke the business license for commercial Internet information service providers and order the record keeping authority to close the website for non-commercial Internet information service providers.

Article 24 Internet information service providers violate other laws and regulations in their business activities, they shall be punished by the relevant competent departments of news, publishing, education, health, drug supervision and administration, and industrial and commercial administration in accordance with relevant laws and regulations.

Article 25 Telecommunications management agencies and other relevant competent departments and their staff, negligence of duty, abuse of power, favoritism and corruption, lax supervision and management of Internet information services, causing serious consequences, if constituting a crime, criminal responsibility shall be investigated in accordance with the law.; if the crime is not constituted, the directly responsible supervisors and other directly responsible personnel shall be given administrative penalties of demotion, dismissal, or dismissal in accordance with the law.

Article 26 Those who engage 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 on the date of promulgation.

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