What are the Measures for the Administration of Internet Information Services?

Measures for the Administration of Internet Information Services Article 1 These Measures are formulated in order to standardize Internet information service activities and promote the healthy and orderly development of Internet information services. Article 2 These Measures must be observed when engaging in Internet information service activities within the territory of People's Republic of China (PRC). The term "Internet information service" as mentioned in these Measures refers to the service activities of providing information to Internet users through the Internet. Article 3 Internet information services are divided into two categories: operational and non-operational. Operating Internet information service refers to the service activities such as providing information or making web pages to Internet users through the Internet. Non-operating Internet information service refers to the service activities that provide open and pleasant information to Internet users free of charge through the Internet. Article 4 The State implements a licensing system for commercial Internet information services; The filing system shall be implemented for non-operating Internet information services. Those who have not obtained permission or fulfilled the filing procedures shall not engage in Internet information services. Article 5 Anyone who engages in internet information services such as news, publishing, education, medical treatment, medicines and medical devices shall apply for business license or go through filing procedures after being examined and approved by the relevant competent department in accordance with laws, administrative regulations and relevant provisions of the state. Article 6 To engage in commercial Internet information services, in addition to the conditions stipulated in the Regulations of People's Republic of China (PRC) Telecom, the following conditions shall be met: (1) Having a business development plan and relevant technical solutions; (2) Having perfect network and information security measures, including website security measures, information security management system and user information security management system; (3) The service items fall within the scope stipulated in Article 5 of these Measures and have obtained the consent of the relevant competent authorities. Article 7 To engage in commercial Internet information services, an applicant shall apply to the telecommunications regulatory agencies of provinces, autonomous regions and municipalities directly under the Central Government or the competent information industry department of the State Council for a business license for Internet information services value-added telecommunications services (hereinafter referred to as the business license). The telecommunications regulatory agencies of provinces, autonomous regions and municipalities directly under the Central Government or the competent department of information industry of the State Council shall complete the examination within 60 days from the date of receiving the application, and make a decision on approval or disapproval. If approved, a business license shall be issued; If it is not approved, it shall notify the applicant in writing and explain the reasons. After obtaining the business license, the applicant shall go through the registration formalities with the enterprise registration authority with the business license. Article 8 Anyone who engages in non-profit Internet information services shall go through the filing formalities with the telecommunications regulatory agencies of provinces, autonomous regions and municipalities directly under the Central Government or the competent information industry department of the State Council. The following materials shall be submitted when filing: (1) Basic information of the organizer and the person in charge of the website; (2) Website address and service items; (3) The service items fall within the scope stipulated in Article 5 of these Measures, and the consent documents of relevant competent departments have been obtained. The telecommunications regulatory agencies of provinces, autonomous regions and municipalities directly under the Central Government shall record and number the complete filing materials. Edit Article 9 of this paragraph: Those who are engaged in Internet information services and intend to set up bulletin board services shall apply for a special application or special filing in accordance with the relevant provisions of the state when applying for an Internet information service business license or a non-operating Internet information service for the record. Tenth provinces, autonomous regions and municipalities directly under the central government, the telecommunications regulatory agencies and the competent department of information industry in the State Council shall publish the list of Internet information service providers who have obtained business licenses or fulfilled filing procedures. Article 11 Internet information service providers shall provide services according to the licensed or filed items, and shall not provide services beyond the licensed or filed items. Non-operating Internet information service providers shall not engage in paid services. If an Internet information service provider changes its service items, website addresses and other matters, it shall go through the change procedures with the original audit, certification or filing authority 30 days in advance. Article 12 Internet information service providers shall indicate the business license number or filing number in a prominent position on the homepage of their websites. 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, publication, electronic announcement and other services shall record the information provided and its release time, Internet address or domain name; Internet access service providers shall record information such as Internet users' online time, user account number, Internet address or domain name, calling telephone number, etc. The records of Internet information service providers and Internet access service providers shall be kept for 60 days, and shall be provided when the relevant state organs inquire according to law. Article 15 Internet information service providers shall not produce, copy, publish or disseminate information containing the following contents: (1) Those who oppose the basic principles set by the Constitution; (two) endangering national security, revealing state secrets, subverting state power and undermining national unity; (3) damaging the honor and interests of the state; (4) Inciting national hatred and discrimination and undermining national unity; (5) sabotaging the state's religious policy and propagating cults and feudal superstitions; (six) spreading rumors, disrupting social order and undermining social stability; (7) spreading obscenity, pornography, gambling, violence, murder, terror or abetting a crime; (8) Insulting or slandering others and infringing upon their legitimate rights and interests; (9) Other contents prohibited by laws and administrative regulations. Article 16 If an Internet information service provider finds that the information transmitted by its website obviously belongs to one of the contents listed in Article 15 of these Measures, it shall immediately stop the transmission, keep relevant records and report to the relevant state departments. Seventeenth operating Internet information service providers to apply for listing at home and abroad or joint venture and cooperation with overseas investors, should be approved in advance by the competent department of information industry in the State Council; Among them, the proportion of foreign investment shall comply with the provisions of relevant laws and administrative regulations. Eighteenth the State Council information industry departments and provinces, autonomous regions and municipalities directly under the central government, the telecommunications regulatory agencies to supervise and manage Internet information services according to law. News, publishing, education, health, drug supervision and administration, industry and commerce administration, public security, national security and other relevant departments shall, within the scope of their respective duties, supervise and manage the contents of Internet information according to law. Nineteenth in violation of the provisions of these measures, without obtaining a business license to engage in business Internet information services, or to provide services beyond the permitted items, the telecommunications regulatory agencies of provinces, autonomous regions and municipalities directly under the central government shall order them to make corrections within a time limit. If there is illegal income, the illegal income shall be confiscated and a fine of 3 to 5 times the illegal income shall be imposed. If there is no illegal income or the illegal income is less than 50,000 yuan, a fine ranging from 6,543,800 yuan to 6,543,800 yuan shall be imposed; If the circumstances are serious, it shall be ordered to close the website. In violation of the provisions of these measures, failing to fulfill the filing procedures, engaging in non-operating Internet information services without authorization, or providing services beyond the filing matters, the telecommunications regulatory agencies of provinces, autonomous regions and municipalities directly under the Central Government shall order them to make corrections within a time limit; Refuses to correct, shall be ordered to close the website. Twentieth production, reproduction, publication and dissemination of information listed in Article fifteenth of these measures, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be punished by the public security organ and the state security organ in accordance with the Regulations of the People's Republic of China on Administrative Penalties for Public Security, the Measures for the Administration of Security Protection of Computer Information Networks and other relevant laws and administrative regulations; For commercial Internet information service providers, the issuing authority shall order them to suspend business for rectification until their business licenses are revoked, and notify the enterprise registration authority; For non-operating Internet information service providers, the filing authority shall order them to temporarily close their websites until they are closed. Twenty-first did not fulfill the obligations stipulated in article fourteenth of these measures, the provinces, autonomous regions and municipalities directly under the central government, the telecommunications regulatory agencies shall be ordered to make corrections; If the circumstances are serious, it shall be ordered to suspend business for rectification or temporarily close the website. Twenty-second in violation of the provisions of these measures, the home page of its website does not indicate its business license number or record number, and the telecommunications regulatory agencies of provinces, autonomous regions and municipalities directly under the central government shall order it to make corrections and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan. Twenty-third in violation of the obligations stipulated in Article sixteenth of these measures, the telecommunications regulatory agencies of provinces, autonomous regions and municipalities directly under the central government shall order them to make corrections; If the circumstances are serious, the license issuing organ shall revoke the business license of the operating Internet information service provider, and the filing organ shall order it to close the website of the non-operating Internet information service provider. Twenty-fourth Internet information service providers who violate other laws and regulations in their business activities shall be punished by the relevant competent departments of news, publishing, education, health, drug supervision and administration, industry and commerce in accordance with the provisions of relevant laws and regulations. Twenty-fifth telecommunications regulatory agencies and other relevant competent departments and their staff, dereliction of duty, abuse of power, corruption, neglect of supervision and management of Internet information services, resulting in serious consequences, constitute a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions such as demotion, dismissal or even dismissal according to law. Twenty-sixth before the promulgation of these measures, those who engage in Internet information services shall go through 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 as of the date of promulgation.