Internet Information Service Management Measures
(Decree of the State Council of the People's Republic of China on September 25, 2000 No. 2 Announcement No. 92 (Revised in accordance with the "Regulations of the State Council on the Abolition and Modification of Certain Administrative Regulations" on January 8, 2011 (effective from the date of promulgation)
Article 1: In order to regulate Internet information service activities and promote the healthy and orderly development of Internet information services, these Measures are formulated.
Article 2: Those engaged in Internet information service activities within the territory of the People's Republic of China must abide by these Measures.
"Internet information services as mentioned in these Measures refers to service activities that provide information to Internet users through the Internet.
Article 3 Internet information services are divided into two categories: commercial and non-commercial.
Commercial Internet information services refer to service activities such as providing paid information or web page production to Internet users through the Internet.
Non-commercial Internet information services refer to service activities that provide open and shareable information to Internet users for free through the Internet.
Article 4: The state implements a licensing system for commercial Internet information services and implements a filing system for non-commercial Internet information services.
Those who have not obtained a license or failed to complete the filing procedures are not allowed to engage in Internet information services.
Article 5: Those engaged in Internet information services such as news, publishing, education, medical care, pharmaceuticals, and medical equipment, which must be reviewed and approved by the relevant competent authorities in accordance with laws, administrative regulations, and relevant national regulations, must obtain review and approval by the relevant competent authorities in accordance with the law before applying for a business license or completing filing procedures.
Article 6 To engage in commercial Internet information services, in addition to complying with the requirements stipulated in the " Telecommunications Regulations of the People's Republic of China ", the following conditions must also be met:
(1) Have a business development plan and relevant technical solutions;
(2) Have sound network and information security measures, including website security measures, information security and confidentiality management system, and user information security management system;
(3) If the service items fall within the scope of Article 5 of these Measures, documents approved by the relevant competent authorities have been obtained.
Article 7 To engage in commercial Internet information services, one must apply for an Internet information service value-added telecommunications business license (hereinafter referred to as the business license) from the telecommunications management agency of the province, autonomous region, or municipality directly under the Central Government or the information industry department of the State Council.
The telecommunications management agency of the province, autonomous region, or municipality directly under the Central Government or the information industry department of the State Council shall complete the review within 60 days from the date of receipt of the application and make a decision to approve or disapprove it. If approved, a business license shall be issued; if not approved, the applicant shall be notified in writing and the reasons shall be stated.
After obtaining the business license, the applicant shall go through the registration procedures with the enterprise registration authority with the business license.
Article 8 Those who engage in non-commercial Internet information services must go through registration procedures with the telecommunications management agencies of provinces, autonomous regions, and municipalities directly under the Central Government or the information industry department of the State Council. When filing, the following materials should be submitted:
(1) Basic information of the sponsor and website person in charge;
(2) Website URL and service items;
(3) If the service items fall within the scope of Article 5 of these Measures, the consent document of the relevant competent department has been obtained.
If the telecommunications management agencies of provinces, autonomous regions, and municipalities directly under the Central Government have complete filing materials, they shall be filed and numbered.
Article 9 Those who engage in Internet information services and plan to open electronic announcement services shall submit a special application or special record in accordance with relevant national regulations when applying for a commercial Internet information service license or handling the registration of non-commercial Internet information services.
Article 10: The telecommunications management agencies of provinces, autonomous regions, and municipalities directly under the Central Government and the information industry department of the State Council shall publish the list of Internet information service providers that have obtained business licenses or have completed registration procedures.
Article 11 Internet information service providers shall provide services in accordance with the licensed or registered projects, and shall not provide services beyond the licensed or registered projects.
Non-commercial Internet information service providers are not allowed to engage in paid services.
If an Internet information service provider changes its service items, website addresses, etc., it must go through the change procedures with the original review, certification or filing authority 30 days in advance.
Article 12 Internet information service providers shall indicate their business license number or registration number in a conspicuous position on the homepage of their website.
Article 13 Internet information service providers shall provide good services to Internet users and ensure that the information provided is legal.
Article 14 Internet information service providers engaged in news, publishing, electronic announcements and other services shall record the content of the information provided and its release time, Internet address or domain name; Internet access service providers shall record the online time, user account, Internet address or domain name, calling phone number and other information of Internet users.
The record backups of Internet information service providers and Internet access service providers shall be kept for 60 days and provided to relevant state agencies when they inquire according to law.
Article 15 Internet information service providers shall not produce, copy, publish, or disseminate information containing the following contents:
(1) Opposing the basic principles established by the Constitution;
(2) endangering national security, leaking state secrets, subverting national power, and undermining national unity;
(3) harming national honor and interests;
(4) inciting ethnic hatred, ethnic discrimination, and undermining ethnic unity.
(5) Undermining national religious policies, promoting cults and feudal superstitions;
(6) Spreading rumors, disrupting social order, and undermining social stability;
(7) Spreading obscenity It contains obscenity, pornography, gambling, violence, murder, terror or instigates crime;
(8) Insults or slanders others and infringes upon the legitimate rights and interests of others;
(9) Contains other content prohibited by laws and administrative regulations.
Article 16 If an Internet information service provider discovers that the information transmitted by its website obviously falls into one of the contents listed in Article 15 of these Measures, it shall immediately stop the transmission, save relevant records, and report to the relevant state authorities.
Article 17: Any commercial Internet information service provider that applies to be listed domestically or overseas or to jointly invest or cooperate with foreign investors must obtain prior review and approval from the information industry department of the State Council; among them, the proportion of foreign investment must comply with the provisions of relevant laws and administrative regulations.
Article 18: The information industry department of the State Council and the telecommunications management agencies of provinces, autonomous regions, and municipalities directly under the Central Government shall supervise and manage Internet information services in accordance with the law.
Relevant competent departments such as press, publishing, education, health, drug supervision and administration , industrial and commercial administration, public security, and national security shall supervise and manage Internet information content within the scope of their respective responsibilities in accordance with the law.
Article 19 Anyone who violates the provisions of these Measures, engages in commercial Internet information services without obtaining a business license, or provides services beyond the permitted items, shall be ordered to restrict the use of such services by the telecommunications management agencies of the provinces, autonomous regions, and municipalities directly under the Central Government. If there are any illegal gains, the illegal gains will be confiscated and a fine of not less than 3 times but not more than 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 of not less than 100,000 yuan but not more than 1 million yuan will be imposed; if the circumstances are serious, the website will be ordered to be closed.
Anyone who violates the provisions of these Measures, fails to perform the filing procedures, engages in non-commercial Internet information services without authorization, or provides services beyond the registered items, shall be ordered by the telecommunications management agency of the province, autonomous region, or municipality directly under the Central Government to make corrections within a time limit; those who refuse to make corrections shall be ordered to close the website.
Article 20 If the production, copying, publishing, or dissemination of information that contains any of the contents listed in Article 15 of these Measures constitutes a crime, criminal responsibility shall be pursued in accordance with the law; if it does not constitute a crime, the public security organs and national security organs shall comply with the " Public Security Administration Punishment Law of the People's Republic of China " and " Computer Information The Measures for the Administration of Security Protection of Internet Networks and other relevant laws and administrative regulations will impose penalties; for commercial Internet information service providers, the licensing authority will order them to suspend operations for rectification or even revoke their business licenses, and notify the enterprise registration authority; for non-commercial Internet information service providers, the filing authority will order them to temporarily close their websites or even close their websites.
Article 21 Anyone who fails to perform the obligations stipulated in Article 14 of these Measures shall be ordered by the telecommunications management agency of the province, autonomous region, or municipality directly under the Central Government to make corrections; if the circumstances are serious, it shall be ordered to suspend operations for rectification or temporarily close the website.
Article 22 Anyone who violates the provisions of these Measures and fails to indicate his business license number or registration number on the homepage of his website shall be ordered to make corrections by the telecommunications management agency of the province, autonomous region, or municipality directly under the Central Government and shall be fined not less than RMB 5,000 but not more than RMB 50,000.
Article 23 Anyone who violates the obligations stipulated in Article 16 of these Measures shall be ordered to make corrections by the telecommunications management agency of the province, autonomous region, or municipality directly under the Central Government; if the circumstances are serious, the business license of the commercial Internet information service provider shall be revoked by the licensing authority, and the non-commercial Internet information service provider shall be ordered by the filing authority to close the website.
Article 24 If an Internet information service provider violates other laws and regulations in its business activities, it shall be punished by relevant competent departments such as press, publishing, education, health, drug supervision and administration, and industrial and commercial administration in accordance with the provisions of relevant laws and regulations.
Article 25 If telecommunications management agencies and other relevant competent departments and their staff neglect their duties, abuse their power, practice favoritism, or neglect the supervision and management of Internet information services, causing serious consequences and constituting a crime, they shall be investigated for criminal responsibility in accordance with the law; if it does not constitute a crime, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions of demotion, removal, or even dismissal in accordance with the law.
Article 26 Those who engage in Internet information services before the promulgation of these Measures shall complete 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 effect on the date of promulgation.
Source: Office of the Central Network Security and Information Technology Commission of the Communist Party of China
