Management Measures on Internet Information Service

The Existing Version

The Exposure Draft

The public security department is responsible for the supervision over the internet security by the legal duty, and is in charge of maintaining the public order and security, and prevent and punish the crime on the internet.

Other departments of the State Council is in charge of the management over internet information service on the internet within the scope of its legal duty.

The local management duty on the internet information service shall be regulated by the state laws.

The term “non-commercial internet information services” means the service activity of non-compensated provision to online subscribers through the internet of information that is in the public domain and openly accessible.

Article 4　The State subjects commercial internet information services to a permit system and non-commercial internet information services to a record-filing system.

No one may engage in the provision of internet information services without having obtained permission or carried out record-filing procedures.

Article 6 Internet information services are divided into commercial and non-commercial services.

For those who intent to operate the commercial service, a license issued by the telecommunication department for the value added telecommunication business is demanded; for those who intent to operate the non-commercial business, a record in the telecommunication department is demanded.

No one may engage in the provision of internet information services without having obtained permission or carried out record-filing procedures.

1. The real ID document, address, contact information and other basic information of the sponsor or relevant staffs;

2. The condition of the website name, website address, server location and connection service intended to use;

3. The license document for the service to be provided and from the administration;

Those engaging in the internet information service shall be qualified with management system and technical guarantee measures for the internet security and information security management which is complying with the legal regulation.

2. having in place sound procedures to ensure network and information security, including procedures to ensure website security, a system to manage the security and confidentiality of information and a system to manage the security of subscriber information; and

3. if the services to be provided fall under the services covered in Article 5 hereof, having obtained the written consent of the relevant competent authority.

2. The adequate fund, place, equipment and professionals for the internet information service;

3. The ability demonstrable to a long term service;

4. A business development plan and a relevant technical plan.

After the applicant has obtained its Operating Permit, it shall carry out registration procedures with the enterprise registration authority on the strength of such permit.

2. the website’s URL and the services to be provided; and

3. if the services to be provided fall under the services covered in Article 5 hereof, the document attesting to the consent of the relevant competent authority.

The telecommunications administration authority of the province, autonomous region or municipality directly under the central government shall grant record-filing and assign a number to those that have submitted all the record-filing materials.

2. Where, according to laws, administrative regulations or relevant State regulations, engagement in the provision of internet information services in respect of news, publishing, education, medical treatment, health, pharmaceuticals or medical apparatus, etc. requires the consent of the relevant competent authority and make the record in the authority of the state internet information management.

For the service provided in the item 1 in the last paragraph, the license condition, procedure, term and material demanded will be publicized by the authority of state internet information management.

When an internet information service provider changes such matters as the services that it provides or the URL(s) of its website(s), etc., it shall carry out amendment procedures with its original examination, approval and permit issuing authority or record-filing authority.

Article 11 The provider of internet access service shall verify the qualification of the ISP, and shall not provide the service to the unqualified ISP.

The internet information service provider shall verify the qualification which is demanded by laws and regulations for the internet business.

The procedure of modification shall be made to the licensing or recording authority when there are any changes on the license or record of the internet information service provider.

The internet access service provider shall record the true ID information, website name and website address of the internet information service provider.

The internet information service provider and access provider shall record the diary of 12 months and provide technology support for the consultancy by the public security and national security department.

2. compromises State security, divulges State secrets, subverts State power or damages national unity;

3. harms the dignity or interests of the State;

4. incites ethnic hatred or racial discrimination or damages inter-ethnic unity;

5. sabotages State religious policy or propagates heretical teachings or feudal superstitions;

6. disseminates rumours, disturbs social order or disrupts social stability;

7. propagates obscenity, pornography, gambling, violence, murder or fear or incites the commission of crimes;

8. insults or slanders a third party or infringes upon the lawful rights and interests of a third party; or

9. includes other content prohibited by laws or administrative regulations.

1. opposes the fundamental principles determined in the Constitution;

2. compromises State security, divulges State secrets, subverts State power or damages national unity;

3. harms the dignity or interests of the State;

4. incites ethnic hatred or racial discrimination or damages inter-ethnic unity;

5. sabotages State religious policy or propagates heretical teachings or feudal superstitions;

6. disseminates rumours, disturbs social order or disrupts social stability;

7. propagates obscenity, pornography, gambling, violence, murder or fear or incites the commission of crimes, or transact, manufacture illegal or prohibited articles, or regulated articles;

8. insults or slanders a third party or infringes upon the lawful rights and interests of a third party, or make use of the name of other national authorities, social unions or legal entities; or

9. includes other content prohibited by laws or administrative regulations.

The state departments may take measures to disconnect the information listed in Article 18 of this regulation.

Article 20 The administration authority of internet information and telecommunication and other departments shall make open to the public the condition of the internet information service license, record, and the public may check the license and record.

Any units or individuals may make the report to the relevant departments when detecting any conducts violating this regulation by the internet information provider and access provider.

The administration authority of internet information and telecommunication, the public security department and other departments shall record and handle all the reports; or transfer the report to other departments with authority when the issues are not of their duty.

Article 26 When the administration authority of internet information and telecommunication, the public security department and other departments’ staffs neglect their duties, abuse their duties or commit illegalities for personal gains, a punishment for the liable staffs or the staffs in charge.

1. Failing to provide the material demanded or handle the record procedure;

2. Failing to provide the number of license or record explicitly when providing the internet information service or giving a false number;

3. Failing to handle the modification procedure.

When the internet access service provider fails to fulfill the obligation in Article 16 and 19, the administration authority of internet information and telecommunication and the public security department may warn, order the correction within a legal period, and confiscate a fine of more than 100 thousand but less than 1 million yuan; or revoke its business license of value added telecommunication business or cancel the record by the telecommunication administrative authority when the conditions are serious.

When the internet access service provider fails to fulfill the obligation in Article 18, providing the service of manufacturing, copy, publication and communication illegal information, the administration authority of telecommunication and the public security department may warn, order the correction within a legal period, and impose a fine of not less than 3 times and not more than 5 times the illegal income or revoke its business license of value added telecommunication business or cancel the record by the telecommunication administrative authority when the conditions are serious.