Interim Administrative Provisions on Internet Publishing

0 CommentsPrint E-mail ChinaITLaw.org, January 20, 2010
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(Adopted at the twentieth ministerial meeting of the General Administration of Press and Publication (GAPP) on December 24, 2001 and at the tenth ministerial meeting of the Ministry of Information Industry (MII) on June 27, 2002, and promulgated by the director of the GAPP Shi Zongyuan, and the Minister of the MII Wu Jichuan on June 27, 2002 to take effect as of August 1, 2002.)
 
Chapter I General Principles
 
Article 1.    In order to intensify the management of Internet publishing activities, to safeguard the legitimate rights and interests of Internet publishing organizations, to promote the healthy and orderly development of Internet publishing, these Provisions are hereby formulated pursuant to the "Regulations on the Administration of the Publishing Industry" and the "Administrative Measures on Internet Information Services."
 
Article 2.    Any parties that engage in Internet publishing activities shall comply with the Constitution and relevant laws and regulations, adhere to the orientation of serving the people and serving socialism, disseminate and accumulate all the thoughts, morals, science and technologies, and cultural knowledge conducive to the enhancement of national accomplishments,, the promotion of economic development and social progress, and the enrichment of the spiritual life of the people.
 
Article 3.    Any parties that engage in Internet publishing activities in the People's Republic of China must abide by these Provisions.
 
Article 4    The GAPP shall supervise and regulate the Internet publishing industry throughout the country; its principal duties include:
 
(1) to formulate the planning for Internet publishing throughout the country and organize its implementation;
 
(2) to formulate the guidelines, policies, and regulations for the administration of Internet publishing;
 
(3) to formulate the planning for the quantity, structure, and layout of Internet publishing organizations throughout the country, and organize the implementation;
 
(4) to examine and approve the establishment of Internet publishing organizations;
 
(5) to supervise and regulate Internet publishing contents in accordance with the relevant laws, regulations, and rules, and to punish behavior that is in breach of the publishing laws and regulations of the state.
 
The press and publication administration authorities of the provinces, autonomous regions, or municipalities directly under the central government shall carry out the regular administrative work within their respective administrative jurisdictions,examine and approve the applicants to engage in Internet publishing businesses within their respective administrative jurisdictions, and punish the behavior that is in breach of the publishing laws and regulations of the state within their respective administrative jurisdictions.
 
Article 5.   "Internet publishing" as referred to herein shall mean the act of online dissemination; It is the Internet information service providers' publication of selected or edited works created by themselves or others on websites or the transmission of such works through the Internet to user terminals for public browsing, reading, using, or downloading.. The Internet publications include the following main works:
 
(1) the content of books, newspapers, magazines, audiovisual products, electronic publications, or other publications formally published or formally issued productions of other media;
 
(2) edited productions of literature, art, natural science, social science, engineering and technology or other fields.
 
An "Internet publishing organization" as referred to herein shall mean the Internet information service provider approved by the press and publication administration authorities and the telecommunications administration authorities to engage in Internet publishing business.
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