(By You Yunting) Pursuant to the Implementing the Administrative Measures for Content Self-review of Network Culture Operators that came into effect on December 1, 2013, an Internet entity holding an Internet Culture Business License may be entitled to self-examine the contents of online game and online music but the operators of said internet entity need to attend a content self-review training hosted by the Ministry of Culture.

The specific contents are as follows:

1.      Licensed Scope of Business:

Any internet entity holding an Internet Culture Business License has an obligation to check the internet culture products and services in advance before the Internet entity provides products and services to the public.

2.      Internet Culture Products:

Internet culture products specially include online game and online music in accordance with the Guidelines on Content Self-review of Online Music and the Guidelines on Content Self-review of Online Music.

3.      Management of Self-review Operators:

Operators shall attend the content self-review training and acquire the certificate of content reviewers through examination. Reviewers also shall participate in at least once subsequent training after examination. The reviewer as qualified for the certificate of content review shall be responsible for the self-examination and management of Internet culture products in the Internet culture entity. Under any of the following three conditions, can a reviewer have his certificate revoked:

 i)   ceasing to attend subsequent trainings for over two consecutive years after examination;

 ii)        negligence of duty seriously impairing the society;

 iii)      making a major mistake on internet content review.

4.      Reviewing Process:

There shall be at least two reviewers to examine the Internet culture products carried out on the Internet entity’s  website, and then submit the contents of the  products to the managerial staff for double-check and approval through signature. The internet culture entity that is unsure of the validity of its internet culture products and services, may apply for administrative guidelines from the local administrative department of culture under the people’s government of the province, autonomous region or municipality. The local cultural administration authorities of the people’s government of each province, autonomous region or municipality directly under the Central Government shall, within ten days after the receipt of the application, make a discussion on whether it is valid or invalid. The records of review on internet culture products of an internet culture entity shall be kept for more than two years.

5.      Contents Prohibition:

Article 16 of the Interim Administrative Provisions on Internet Culture stipulates that Internet culture entities shall not provide cultural products containing contents for the following:

        i.    which defy the basic principles of the Constitution;

        ii.     which endanger the unity of the nation, sovereignty or territorial integrity;

         iii.    which divulge secrets of the State, endanger national security or damages the honor or benefits of the State;

        iv.    which incite national hatred or racial discrimination, undermine the solidarity of the nations, or infringe upon national customs and habits;

        v.     which propagate evil cults or superstition;

        vi.    which spread rumors and disturb the public order or destroy the public stability;

        vii.    which propagate obscenity, gambling, violence or instigates crimes;

        viii.   which insult or libel others, or infringe upon the legal rights and interests of others;

         ix.      which endanger public ethics or the fine folk culture; or

         x.     which contain other contents prohibited by the law, administrative regulations or by the governments.

Lawyers’ Comment:

A characteristic of China’s Internet is censoring contents carried out on the web. According to the requirements of the Ministry of Culture, all websites providing online game and online music in China shall hold an Internet Culture Business License. Web games that are dependent on personal computers also should apply for individual approval from the Ministry of Culture after issuance of an Internet Culture Business License. The new regulation of the Ministry of Culture changes content self-review on online game and online music instead of previous detailed inspections of online game and online music, indicating a widening of censorship on internet culture.

As far as I am concerned from our customers, notices from the Ministry of Culture are issued to all related companies that have at least three staff, i.e, two content reviewers and one vice manager, to participate in this training.

Considering China’s governments past performance, it is unlikely to rule out the possibility of collecting large amount of money through training from the internet culture entities. At the same time, facing more market competition, there is likeliness that all games may adopt few unfavorable elements that would be prohibited by the government. Based on this fact, the Ministry of Culture may demand the operators of Internet culture entities to obey its rules towards unfavorable contents through punishment or website shutdown.

Lawyer Contacts

You Yunting：86-21-52134918  youyunting@debund.com/yytbest@gmail.com

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