Provisions on the Administration of Internet News Information Services (20 17) Chapter I General Provisions
Article 1 In order to strengthen the management of Internet information content and promote the healthy and orderly development of Internet news information services, these Provisions are formulated in accordance with the Cyber Security Law of the People's Republic of China, the Measures for the Administration of Internet Information Services and the Notice of the State Council on Authorizing the National Internet Information Office to be responsible for the management of Internet information content.
Article 2 These Provisions shall apply to the provision of Internet news information services within the territory of People's Republic of China (PRC).
The news information mentioned in these Provisions includes reports and comments on political, economic, military, diplomatic and other social affairs, as well as reports and comments on social emergencies.
Article 3 In providing Internet news information services, we should abide by the Constitution, laws and administrative regulations, adhere to the direction of serving the people and socialism, adhere to the correct direction of public opinion, give play to the role of public opinion supervision, promote the formation of a positive, healthy and progressive network culture, and safeguard national interests and public interests.
Article 4 The National Internet Information Office is responsible for the supervision, management and law enforcement of Internet news information services throughout the country. Local Internet information offices shall be responsible for the supervision, management and law enforcement of Internet news information services within their respective administrative areas.
Chapter II Permission
Article 5 Internet news and information services shall be provided to the public through Internet websites, applications, forums, blogs, Weibo, public accounts, instant messaging tools and webcasts. , it shall obtain a license for Internet news information service, and it is forbidden to carry out Internet news information service activities without permission or beyond the scope of permission.
Internet news information services mentioned in the preceding paragraph include Internet news information editing and publishing services, reprinting services and communication platform services.
Article 6 To apply for an Internet news information service license, the following conditions shall be met:
(a) a legal person established in People's Republic of China (PRC) according to law;
(two) the main person in charge and the editor-in-chief are citizens of China;
(3) Having full-time news editors, content auditors and technical support personnel suitable for the business;
(4) Having a sound management system for Internet news information services;
(5) Having a sound information security management system and safe and controllable technical guarantee measures;
(six) there are places, facilities and funds suitable for the service.
Those who apply for the license of Internet news information editing and publishing service shall be the news unit (including the unit controlled by it) or the competent unit of the news propaganda department.
Qualified Internet news information service providers shall implement the special management unit system, and the specific implementation measures shall be formulated separately by the State Internet Information Office.
To provide internet news information services, it is also necessary to go through the formalities of licensing or filing internet information services with the competent telecommunications authorities according to law.
Article 7 No organization may establish an Internet news information service unit with Sino-foreign joint venture, Sino-foreign cooperation and foreign investment.
Internet news information service units and Chinese-foreign joint ventures, Chinese-foreign cooperation and foreign-funded enterprises at home and abroad shall declare safety assessment to the State Internet Information Office.
Article 8 Internet news information service providers shall separate the editing and operation, and non-public capital shall not intervene in the editing and operation of Internet news information.
Article 9 Where a central news unit (including the unit under its control) or the competent unit of the Central News and Propaganda Department applies for an Internet news information service license, it shall be accepted and decided by the National Internet Information Office; If the applicant is a local news unit (including its holding unit) or the competent unit of the local news propaganda department, it shall be accepted and decided by the Internet Information Office of the province, autonomous region or municipality directly under the Central Government; If the subject of the application is other units, it shall be accepted by the Internet Information Office of the local province, autonomous region or municipality directly under the Central Government and decided by the National Internet Information Office after preliminary examination.
If the State or the Internet Information Office of a province, autonomous region or municipality directly under the Central Government decides to approve it, it shall issue an Internet news information service license. The validity period of the Internet News Information Service License is three years. If it is necessary to continue to engage in Internet news information service activities after the expiration of the validity period, it shall apply for renewal 30 days before the expiration of the validity period.
Internet information offices of provinces, autonomous regions and municipalities directly under the Central Government shall regularly report the acceptance and decision of licenses to the National Internet Information Office.
Article 10 To apply for an Internet news information service license, the following materials shall be submitted:
(a) the certificate that the principal responsible person and editor-in-chief are citizens of China;
(two) the qualifications of full-time news editors, content auditors and technical support personnel;
(3) Internet news information service management system;
(4) Information security management system and technical guarantee measures;
(5) An assessment report on the security of Internet news information services;
(6) Proof of legal person qualification, place, capital and shareholding structure;
(seven) other materials as prescribed by laws and regulations.
Chapter III Management
Article 11 Internet news information service providers shall set up an editor-in-chief who shall be fully responsible for the content of Internet news information. The candidate for editor-in-chief shall have relevant professional experience and meet relevant conditions, and report to the Internet Information Office of the state or province, autonomous region or municipality directly under the Central Government for the record.
Internet news information service related practitioners shall obtain corresponding qualifications according to law, and accept professional training and assessment. Internet news information service-related practitioners engaged in news gathering and editing activities shall have the professional qualifications of news gathering and editing personnel, and hold a press card issued by the State Administration of Press, Publication, Radio, Film and Television.
Article 12 Internet news information service providers shall improve information security management systems such as information release review, public information inspection and emergency response, and have safe and controllable technical support measures.
Thirteenth Internet news information service providers to provide users with Internet news information dissemination platform services, should be in accordance with the provisions of the Network Security Law of the People's Republic of China, requiring users to provide true identity information. If the user does not provide true identity information, the Internet news information service provider shall not provide relevant services.
Internet news information service providers have the obligation to keep user identity information and log information confidential, and may not disclose, tamper with, damage, sell or illegally provide them to others.
Internet news information service providers and their employees shall not seek illegitimate interests by editing, publishing, reprinting or deleting news information, or interfering with the presentation of news information or search results.
Fourteenth Internet news information service providers to provide Internet news information dissemination platform services, should sign an agreement with the registered users of the platform, clear the rights and obligations of both parties.
If a user opens a public account, the Internet news information service provider shall review the account information, service qualification, service scope and other information, and file it with the Internet information office of the local province, autonomous region or municipality directly under the Central Government.
Article 15 Internet news information service providers, when reprinting news information, shall reprint news information released by central news organizations or news organizations of provinces, autonomous regions and municipalities directly under the Central Government and other organizations within the scope prescribed by the state, and indicate the news information source, original author, original title, editor's real name and other contents. , and shall not distort or tamper with the original intention of the title and the content of news information to ensure that the source of news information can be traced back.
Internet news information service providers should abide by the provisions of copyright-related laws and regulations when reprinting news information and protect the legitimate rights and interests of copyright owners.
Article 16 Internet news information service providers and users shall not produce, copy, publish or disseminate information content prohibited by laws and administrative regulations.
In the course of providing services, Internet news information service providers shall immediately stop transmitting the information according to law, take measures such as elimination, keep relevant records, and report to the relevant competent authorities.
Seventeenth Internet news information service providers to change the main person in charge, editor-in-chief, the competent unit, the shareholding structure and other major issues that affect the licensing conditions, should go through the formalities of change with the original licensing authority.
Internet news information service providers should apply new technologies, adjust and increase the application functions with the attributes of news and public opinion or the ability of social mobilization, and report the security assessment of Internet news information services to the Internet information offices of the state or provinces, autonomous regions and municipalities directly under the Central Government.
Article 18 Internet news information service providers shall indicate the license number of Internet news information service in a prominent position.
Internet news information service providers should consciously accept social supervision, establish social complaint reporting channels, set up convenient complaint reporting entrances, and timely handle public complaints and reports.
Chapter IV Supervision and Inspection
Article 19 National and local Internet information offices shall establish a supervision and management system combining daily inspection with regular inspection, and supervise and inspect Internet news information service activities according to law, and relevant units and individuals shall cooperate.
National and local Internet information offices should improve the qualification management system for law enforcement personnel. Law enforcement officers shall show their law enforcement certificates when carrying out law enforcement activities.
Article 20 Any organization or individual who finds that an Internet news information service provider violates these Provisions may report to the national and local Internet information offices.
The national and local Internet information offices shall openly accept reports to the public, and shall dispose of them according to law after receiving them. Internet news information service providers should cooperate.
Twenty-first national and local Internet information offices shall establish Internet news information service network credit files, establish a blacklist system of dishonesty and an interview system.
The National Internet Information Office will establish an information sharing mechanism with the State Council Telecom, public security, press and publication, radio and television departments, strengthen communication and cooperation, and carry out special supervision and inspection activities such as joint law enforcement according to law.
Chapter V Legal Liability
Article 22 Whoever, in violation of the provisions of Article 5 of these Provisions, engages in Internet news and information service activities without permission or beyond the scope of permission, shall be ordered by the Internet Information Office of the state and provinces, autonomous regions and municipalities directly under the Central Government to stop relevant service activities according to their duties, and shall be fined between RMB 1 10,000 and RMB 30,000.
Twenty-third Internet news information service providers no longer meet the licensing conditions in the course of business, the original licensing authority shall order them to make corrections within a time limit; If it still fails to meet the licensing conditions within the time limit, the news information update shall be suspended; "Internet news information service license" expires and still does not meet the licensing conditions, the license shall not be renewed.
Article 24 Where an Internet news information service provider violates the provisions of Article 7, paragraph 2, Article 8, Article 11, Article 12, Article 13, paragraph 3, Article 14, Article 15, paragraph 1, Article 17 and Article 18, the national and local Internet information offices shall, according to their duties, give a warning and order it to make corrections within a time limit; If the circumstances are serious or refuse to correct, the news information update shall be suspended and a fine of not less than 5,000 yuan but not more than 30,000 yuan shall be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 25 If an Internet news information service provider violates the provisions of Article 3, Paragraph 1 of Article 16, Paragraph 1 of Article 19 and Paragraph 2 of Article 20, the national and local Internet information offices shall give a warning according to their duties and order them to make corrections within a time limit; If the circumstances are serious or refuse to correct, suspend the update of news information and impose a fine of more than 20 thousand yuan and less than 30 thousand yuan; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 26 Where an Internet news information service provider violates the provisions of the first paragraph of Article 13 and the second paragraph of Article 16 of these Provisions, it shall be handled by the national and local Internet information offices in accordance with the provisions of the Cyber Security Law of the People's Republic of China.
Chapter VI Supplementary Provisions
Twenty-seventh news organizations mentioned in these Provisions refer to newspapers, periodicals, radio stations, television stations, news agencies and news film studios established according to law.
Twenty-eighth in violation of these provisions, but also in violation of the provisions of the management of Internet information services, by the national and local Internet information offices in accordance with these provisions, transferred to the telecommunications authorities in accordance with the law.
If the state has other provisions on Internet audio-visual program services and online publishing services, it shall abide by them.
Article 29 These Provisions shall come into force on June 1 day, 2065. Where the relevant provisions promulgated before the implementation of these Provisions are inconsistent with these Provisions, these Provisions shall prevail.