TLDR; Below is the English-translated version of China’s Provisions on the Administration of Online Publishing Services (网络出版服务管理规定, SAPPRFT and MIIT Order No. 5), published February 4, 2016 and in effect since March 10, 2016.
These Provisions govern “online publishing services” in mainland China — the act of providing the public, over information networks, with digital works that have publishing characteristics, including games, smart-terminal apps, e-books, animation, and online literature. Two requirements stand out for any international business: Article 10 bars Chinese-foreign equity joint ventures, Chinese-foreign cooperative ventures, and wholly foreign-owned enterprises from engaging in online publishing services at all, and Article 8(3) requires that the servers and storage devices used for the service be located inside mainland China. Online games — including those licensed from overseas copyright holders — need separate publishing approval before they go live (see our note on the Approval for the Publication of Electronic Games Authorized by Overseas Copyright Holders, Articles 27 and 32). They sit alongside the ICP Record-Filing Measures, the Telecommunications Business Licensing Measures, and the Measures for the Administration of Internet Information Services in the licensing stack every company should confirm with counsel before publishing content in China.
Provisions on the Administration of Online Publishing Services (Promulgated February 4, 2016 by Order No. 5 of the State Administration of Press, Publication, Radio, Film and Television (SAPPRFT) and the Ministry of Industry and Information Technology; effective March 10, 2016)
Chapter I — General Provisions
Article 1. These Provisions are formulated in accordance with the “Regulations on the Administration of Publishing,” the “Measures for the Administration of Internet Information Services,” and relevant laws and regulations, in order to regulate the order of online publishing services and to promote the healthy and orderly development of the online publishing service industry.
Article 2. These Provisions apply to the conduct of online publishing services within the territory of the People’s Republic of China.
“Online publishing services” as referred to in these Provisions means the provision of online publications to the public through information networks.
“Online publications” as referred to in these Provisions means digital works that are provided to the public through information networks and that have publishing characteristics such as editing, production, and processing. Their scope mainly includes:
(1) Original digital works that are knowledge-based or ideological in the fields of literature, art, science, and the like — such as texts, pictures, maps, games, animation, and audio and video readings;
(2) Digital works whose content is consistent with that of already-published books, newspapers, periodicals, audio-visual products, electronic publications, and the like;
(3) Digital works such as online literature databases formed by selecting, arranging, or compiling the above-mentioned works;
(4) Other types of digital works recognized by the State Administration of Press, Publication, Radio, Film and Television.
The specific business classifications of online publishing services shall be formulated separately.
Article 3. Those engaging in online publishing services shall abide by the Constitution and the relevant laws and regulations; adhere to the orientation of serving the people and serving socialism; uphold the advancing direction of advanced socialist culture; promote the core socialist values; disseminate and accumulate the ideology and morality, science and technology, and cultural knowledge that are conducive to raising the quality of the nation, driving economic development, and promoting social progress; and meet the people’s ever-growing intellectual and cultural needs.
Article 4. The State Administration of Press, Publication, Radio, Film and Television, as the competent industry authority for online publishing services, is responsible for the prior approval, supervision, and administration of online publishing services nationwide. The Ministry of Industry and Information Technology, as the competent industry authority for the internet, carries out corresponding supervision and administration of online publishing services nationwide in accordance with its duties.
The publishing administration departments at all levels of the local people’s governments and the provincial-level telecommunications authorities shall, in accordance with their respective duties, carry out corresponding supervision and administration of online publishing services and access services within their administrative regions, and shall cooperate well in this work.
Article 5. When a publishing administration department investigates and handles conduct suspected of unlawfully engaging in online publishing services, on the basis of evidence already obtained of a suspected violation or of a report, it may inspect the articles and business premises connected with the suspected unlawful conduct; with respect to articles for which there is evidence proving that they are connected with the unlawful conduct, it may seal them up or seize them.
Article 6. The State encourages book, audio-visual, electronic, newspaper, and periodical publishing units to engage in online publishing services and to accelerate integrated development with new media.
The State encourages the formation of an industry association for online publishing services that, in accordance with its charter and under the guidance of the publishing administration department, formulates industry self-discipline norms, advocates online civilization, disseminates healthy and beneficial content, and resists objectionable and harmful content.
Chapter II — Online Publishing Service Licensing
Article 7. To engage in online publishing services, one must obtain the approval of the publishing administration department in accordance with the law and obtain an “Online Publishing Service License.”
Article 8. For book, audio-visual, electronic, newspaper, and periodical publishing units to engage in online publishing services, they shall meet the following conditions:
(1) Having a definite publishing platform for conducting online publishing business, such as a website domain name or a smart-terminal application program;
(2) Having a definite scope of online publishing services;
(3) Having the necessary technical equipment required for engaging in online publishing services, and the relevant servers and storage devices must be located within the territory of the People’s Republic of China.
Article 9. For other units to engage in online publishing services, in addition to the conditions listed in Article 8, they shall also meet the following conditions:
(1) Having a definite name and charter for the entity engaging in online publishing services that does not duplicate those of other publishing units;
(2) Having a legal representative and principal person in charge who conform to State provisions; the legal representative must be a Chinese citizen who resides permanently within China and has full capacity for civil conduct, and at least one of the legal representative and the principal person in charge shall hold an intermediate or higher professional-and-technical qualification in publishing;
(3) In addition to the legal representative and the principal person in charge, having eight or more full-time editing and publishing personnel — as needed to suit the scope of the online publishing services — who hold publishing and related professional-and-technical occupational qualifications recognized by the State Administration of Press, Publication, Radio, Film and Television, of whom no fewer than three shall hold an intermediate or higher occupational qualification;
(4) Having the content review and proofreading systems required for engaging in online publishing services;
(5) Having a fixed working place;
(6) Other conditions provided by laws, administrative regulations, and the State Administration of Press, Publication, Radio, Film and Television.
Article 10. Chinese-foreign equity joint ventures, Chinese-foreign cooperative ventures, and wholly foreign-owned units may not engage in online publishing services.
Where an online publishing service unit carries out project cooperation on online publishing service business with a domestic Chinese-foreign equity joint venture, Chinese-foreign cooperative venture, or wholly foreign-owned enterprise, or with an overseas organization or individual, it shall report the matter in advance to the State Administration of Press, Publication, Radio, Film and Television for examination and approval.
Article 11. An application to engage in online publishing services shall be submitted to the publishing administration department of the province, autonomous region, or municipality directly under the Central Government where the applicant is located; after it has been examined and consented to, the matter shall be reported to the State Administration of Press, Publication, Radio, Film and Television for examination and approval. The State Administration of Press, Publication, Radio, Film and Television shall, within 60 days from the date of accepting the application, make a decision to approve or not to approve. Where it does not approve, it shall explain the reasons.
Article 12. The application materials for engaging in online publishing services shall include the following:
(1) The “Application Form for an Online Publishing Service License”;
(2) The unit’s charter and proof of the nature of the source of its capital;
(3) A feasibility analysis report on the online publishing services, including the use of funds, product planning, technical conditions, equipment provision, organizational structure, staffing, market analysis, risk assessment, copyright protection measures, and the like;
(4) The résumés, addresses, and identity documents of the legal representative and the principal person in charge;
(5) The State-recognized occupational qualification certificates of the editing, publishing, and other relevant professional-and-technical personnel, together with proof of their main work experience and training;
(6) Proof of the right to use the working place;
(7) Proof of registration of the website domain name, and a commitment that the relevant servers are located within the territory of the People’s Republic of China.
Where a unit listed in Article 8 of these Provisions engages in online publishing services, it shall submit only the materials provided in items (1), (6), and (7) of the preceding paragraph.
Article 13. An applicant establishing an online publishing service unit shall, within 30 days from the date of receiving the approval decision, carry out the registration formalities:
(1) Taking the approval document to the publishing administration department of the province, autonomous region, or municipality directly under the Central Government where the applicant is located to obtain and fill out the “Online Publishing Service License Registration Form”;
(2) After the publishing administration department of the province, autonomous region, or municipality directly under the Central Government has examined the “Online Publishing Service License Registration Form” and found it correct, it shall issue the “Online Publishing Service License” to the applicant within 10 days;
(3) The “Online Publishing Service License Registration Form” shall be made in triplicate, with one copy each kept by the applicant and by the publishing administration department of the province, autonomous region, or municipality directly under the Central Government, and the remaining copy submitted by the publishing administration department of the province, autonomous region, or municipality directly under the Central Government to the State Administration of Press, Publication, Radio, Film and Television for the record within 15 days.
Article 14. The “Online Publishing Service License” is valid for five years. Where, upon expiration of the period of validity, it is necessary to continue engaging in online publishing service activities, an application shall be made in accordance with the procedure in Article 11 of these Provisions 60 days before the expiration of the period of validity. The publishing administration department shall, before the expiration of the period of validity of the license, make a decision on whether to grant the extension. Where it approves, it shall renew and reissue the “Online Publishing Service License.”
Article 15. After online publishing services have been approved, the applicant shall take the approval document and the “Online Publishing Service License” to the telecommunications authority of the province, autonomous region, or municipality directly under the Central Government where it is located to complete the relevant formalities.
Article 16. Where an online publishing service unit changes the licensed registration items or capital structure of its “Online Publishing Service License,” merges or divides, or establishes a branch, it shall carry out the examination-and-approval formalities in accordance with Article 11 of these Provisions, and shall take the approval document to the telecommunications authority of the province, autonomous region, or municipality directly under the Central Government where it is located to complete the relevant formalities.
Article 17. Where an online publishing service unit suspends its online publishing services, it shall file a record with the publishing administration department of the province, autonomous region, or municipality directly under the Central Government where it is located, explaining the reasons and the period; the suspension of online publishing services by an online publishing service unit may not exceed 180 days.
Where an online publishing service unit terminates its online publishing services, it shall, within 30 days from the date of terminating the online publishing services, complete the cancellation formalities with the publishing administration department of the province, autonomous region, or municipality directly under the Central Government where it is located, and then complete the relevant formalities with the telecommunications authority of the province, autonomous region, or municipality directly under the Central Government. The publishing administration department of the province, autonomous region, or municipality directly under the Central Government shall report the relevant information to the State Administration of Press, Publication, Radio, Film and Television for the record.
Article 18. Where an online publishing service unit has not carried out online publishing services within 180 days from the date of registration, the publishing administration department that originally registered it shall cancel the registration and report the matter to the State Administration of Press, Publication, Radio, Film and Television for the record; at the same time, it shall notify the relevant telecommunications authority of the province, autonomous region, or municipality directly under the Central Government.
Where the above-listed circumstances occur due to force majeure or other legitimate reasons, the online publishing service unit may apply to the publishing administration department that originally registered it for an extension.
Article 19. An online publishing service unit shall indicate, on the homepage of its website, the number of the “Online Publishing Service License” issued by the publishing administration department.
When an internet-related service provider provides an online publishing service unit with services such as manual intervention in search rankings, advertising, or promotion, it shall examine the service recipient’s “Online Publishing Service License” and scope of business.
Article 20. An online publishing service unit shall engage in online publishing services within the approved scope of business and may not engage in online publishing services beyond the approved scope of business.
Article 21. An online publishing service unit may not lend, lease, or sell its “Online Publishing Service License,” or transfer the online publishing service license in any form.
Where an online publishing service unit allows another online information service provider to provide online publishing services in its name, this constitutes conduct prohibited under the preceding paragraph.
Article 22. Online publishing service units shall implement a special-management-share system; the specific measures shall be formulated separately by the State Administration of Press, Publication, Radio, Film and Television.
Chapter III — Administration of Online Publishing Services
Article 23. An online publishing service unit shall implement an editorial responsibility system to ensure that the content of its online publications is lawful.
An online publishing service unit shall implement management systems such as a publication content review responsibility system, a responsible editor system, and a responsible proofreader system, to ensure the publishing quality of its online publications.
Where a work that another publishing unit has lawfully published within China is published online without changing the content of the original publication, the name of the original publishing unit, together with its book number, periodical number, online publication number, or website address information, shall be conspicuously indicated on the corresponding page of the online publication.
Article 24. Online publications may not contain any of the following content:
(1) Content that opposes the basic principles established by the Constitution;
(2) Content that endangers the unity, sovereignty, or territorial integrity of the State;
(3) Content that divulges State secrets, endangers national security, or harms the honor and interests of the State;
(4) Content that incites ethnic hatred or ethnic discrimination, undermines ethnic unity, or infringes upon ethnic customs and habits;
(5) Content that propagates cults or superstition;
(6) Content that spreads rumors, disrupts social order, or undermines social stability;
(7) Content that propagates obscenity, pornography, gambling, or violence, or that instigates crime;
(8) Content that insults or defames others, or infringes upon the lawful rights and interests of others;
(9) Content that endangers social morality or the fine cultural traditions of the nation;
(10) Other content prohibited by laws, administrative regulations, and State provisions.
Article 25. In order to protect the lawful rights and interests of minors, online publications may not contain content that induces minors to imitate conduct that violates social morality or that is unlawful or criminal; may not contain content such as terror or cruelty that impairs the physical and mental health of minors; and may not contain content that discloses the personal privacy of minors.
Article 26. Where an online publishing service unit publishes content involving major topics concerning national security, social stability, and the like, it shall complete record-filing formalities in accordance with the provisions of the State Administration of Press, Publication, Radio, Film and Television on the record-filing administration of major topics. Content on major topics that has not been filed for the record may not be published.
Article 27. Before an online game is published online, an application must be submitted to the publishing administration department of the province, autonomous region, or municipality directly under the Central Government where it is located; after it has been examined and consented to, the matter shall be reported to the State Administration of Press, Publication, Radio, Film and Television for examination and approval.
Article 28. Where the content of an online publication is untrue or unfair, causing harm to the lawful rights and interests of a citizen, legal person, or other organization, the online publishing service unit concerned shall stop the infringement, publicly make corrections, eliminate the ill effects, and bear other civil liabilities in accordance with the law.
Article 29. The State implements identifier administration of online publications; the specific measures shall be formulated separately by the State Administration of Press, Publication, Radio, Film and Television.
Article 30. Online publications must comply with the relevant State provisions and standard requirements and ensure the quality of the publications.
The language and script used in online publications must comply with State legal provisions and the relevant standards and norms.
Article 31. An online publishing service unit shall, in accordance with the relevant State provisions or technical standards, provide and apply the necessary equipment and systems, establish and improve its various management systems, ensure information security and lawful content, and provide technical support for the publishing administration department to perform its supervision and administration duties in accordance with the law.
Article 32. Where an online publishing service unit provides overseas publications online, it shall obtain lawful copyright authorization. Among these, for the publication of online games authorized by overseas copyright holders, the examination-and-approval formalities must be completed in accordance with Article 27 of these Provisions.
Article 33. Where an online publishing service unit discovers that an online publication it has published contains content listed in Article 24 or Article 25 of these Provisions, it shall immediately delete it, preserve the relevant records, and report to the publishing administration department at or above the county level where it is located.
Article 34. An online publishing service unit shall record the content of the works it publishes, together with the time and the website address or domain name; the records shall be preserved for 60 days and provided when the relevant State authorities make inquiries in accordance with the law.
Article 35. An online publishing service unit shall abide by State statistical provisions and submit statistical data to the publishing administration department in accordance with the law.
Chapter IV — Supervision and Administration
Article 36. The supervision and administration of online publishing services shall follow the principle of territorial administration.
The publishing administration departments in all localities shall strengthen the routine supervision and administration of the online publishing service units and their publishing activities within their administrative regions, and perform the following duties:
(1) Conducting industry supervision of online publishing service units, investigating and handling violations of these Provisions by online publishing service units, and reporting to the publishing administration department at the next higher level;
(2) Supervising online publishing services, investigating and handling conduct that violates these Provisions, and reporting to the publishing administration department at the next higher level;
(3) Supervising the content and quality of online publications, regularly organizing content review-reading and quality inspections, and reporting the results to the publishing administration department at the next higher level;
(4) Administering online publishing practitioners, and regularly organizing post and professional training and assessment;
(5) Cooperating with the publishing administration department at the next higher level, coordinating with the relevant departments, and guiding the publishing administration departments at lower levels in carrying out their work.
Article 37. The publishing administration department shall strengthen the building of its supervision teams and institutions and adopt the necessary technical means to administer online publishing services. When the publishing administration department performs its law-enforcement duties such as supervision and inspection in accordance with the law, the online publishing service unit shall cooperate and may not refuse or obstruct it.
The publishing administration departments of the provinces, autonomous regions, and municipalities directly under the Central Government shall regularly submit written reports on the supervision and administration of online publishing services within their administrative regions to the State Administration of Press, Publication, Radio, Film and Television.
Article 38. Online publishing service units are subject to an annual verification system, and annual verification is conducted once each year. The publishing administration departments of the provinces, autonomous regions, and municipalities directly under the Central Government are responsible for carrying out annual verification of the online publishing service units within their administrative regions and reporting the relevant circumstances to the State Administration of Press, Publication, Radio, Film and Television for the record. The content of the annual verification includes the establishment conditions, registration items, publishing and business operations, publishing quality, compliance with legal norms, and internal management of the online publishing service unit.
Article 39. Annual verification shall be conducted in accordance with the following procedure:
(1) The online publishing service unit shall submit an annual self-inspection report, the content of which includes: the implementation of policies and laws during the year, rewards and punishments, the performance of the website’s publishing, management, and operations, a catalog of online publications, the rectification of unlawful and non-compliant conduct during the annual verification period, and the training and administration of editing and publishing personnel; and shall fill out the “Online Publishing Service Annual Verification Registration Form” uniformly printed by the State Administration of Press, Publication, Radio, Film and Television, and submit it, together with the annual self-inspection report, to the publishing administration department of the province, autonomous region, or municipality directly under the Central Government where it is located.
(2) The publishing administration department of the province, autonomous region, or municipality directly under the Central Government shall conduct a comprehensive review of the establishment conditions, registration items, conduct of business, and implementation of laws and regulations of the online publishing service units within its administrative region, and shall complete the comprehensive review and verification work within 45 days of receiving the annual verification materials, such as the online publishing service unit’s annual self-inspection report and the “Online Publishing Service Annual Verification Registration Form.” For online publishing service units that meet the annual verification requirements, it shall register them and affix the annual verification seal on their “Online Publishing Service License.”
(3) The publishing administration department of the province, autonomous region, or municipality directly under the Central Government shall, within 15 days of completing the comprehensive review and verification work, report the annual verification circumstances and the relevant written materials to the State Administration of Press, Publication, Radio, Film and Television for the record.
Article 40. Under any of the following circumstances, annual verification shall be suspended:
(1) The unit is undergoing suspension of business for rectification;
(2) The unit has violated publishing laws, regulations, or rules and should be penalized;
(3) The unit has failed to implement the relevant administrative provisions of the publishing administration department as required;
(4) The unit’s internal management is in disorder, and it has, without legitimate reason, not carried out substantive online publishing service activities;
(5) There is a suspicion of infringement of copyright or of other violations of law that requires further verification.
The period of suspension of annual verification shall be determined by the publishing administration department of the province, autonomous region, or municipality directly under the Central Government and reported to the State Administration of Press, Publication, Radio, Film and Television for the record, and shall not exceed 180 days at the longest. During the period of suspension of annual verification, online publishing services must be stopped.
Upon expiration of the suspension period, the annual verification formalities shall be re-processed in accordance with these Provisions.
Article 41. Where a unit no longer meets the conditions provided in Article 8 or Article 9 of these Provisions, it shall be ordered to make corrections within a time limit; where it still fails to make corrections after the time limit, it shall not pass the annual verification, the State Administration of Press, Publication, Radio, Film and Television shall revoke its “Online Publishing Service License,” the publishing administration department of the province, autonomous region, or municipality directly under the Central Government where it is located shall cancel its registration, and the local telecommunications authority shall be notified to handle the matter in accordance with the law.
Article 42. The publishing administration department of a province, autonomous region, or municipality directly under the Central Government may, in light of actual circumstances, make adjustments to the annual verification matters within its administrative region, and shall report the relevant circumstances to the State Administration of Press, Publication, Radio, Film and Television for the record.
Article 43. The publishing administration department of a province, autonomous region, or municipality directly under the Central Government may make the annual verification results public to society.
Article 44. The editing, publishing, and other relevant professional-and-technical personnel engaging in online publishing services, and their persons in charge, shall conform to the relevant State provisions on the administration of the occupational qualifications of editing, publishing, and other relevant professional-and-technical personnel.
The legal representative or principal person in charge of an online publishing service unit shall, in accordance with the relevant provisions, participate in the post training organized by the publishing administration department and obtain the “Post Training Certificate” uniformly printed by the State Administration of Press, Publication, Radio, Film and Television. Anyone who fails to participate in the post training as required, or who, after training, fails to obtain the “Post Training Certificate,” may not continue to serve as the legal representative or principal person in charge.
Chapter V — Safeguards and Rewards
Article 45. The State formulates relevant policies to safeguard and promote the development and prosperity of the online publishing service industry. It encourages online publishing services that help form an advanced online culture — such as those that publicize scientific truth, disseminate advanced culture, advocate the scientific spirit, shape beautiful minds, and promote healthy social trends — and advances the digital and networked dissemination of healthy culture and fine cultural products.
Where an online publishing service unit engages in online publishing services in accordance with the law, no organization or individual may interfere with, obstruct, or sabotage it.
Article 46. The State supports and encourages the publication of the following excellent and key online publications:
(1) Those that play a significant role in expounding and disseminating the basic principles established by the Constitution;
(2) Those that are of important significance for promoting the core socialist values; for conducting education in patriotism, collectivism, socialism, and ethnic unity; and for promoting social morality, professional ethics, family virtues, and personal integrity;
(3) Those that play a significant role in promoting the fine culture of the nation and advancing international cultural exchange;
(4) Those that have independent intellectual property rights and excellent cultural connotations;
(5) Those that make significant contributions to advancing cultural innovation and to promptly reflecting new scientific and cultural achievements at home and abroad;
(6) Those that play a significant role in promoting public cultural services;
(7) Those that are specifically aimed at minors and are healthy in content, or that are otherwise conducive to the healthy growth of minors;
(8) Others that have important ideological value, scientific value, or cultural and artistic value.
Article 47. Units and individuals that have made important contributions to the development and prosperity of the online publishing service industry shall be rewarded in accordance with the relevant State provisions.
Article 48. The State protects the lawful rights and interests of the copyright holders of online publications. Online publishing service units shall abide by copyright laws and regulations such as the “Copyright Law of the People’s Republic of China,” the “Regulations on the Protection of the Right of Communication through Information Networks,” and the “Regulations on the Protection of Computer Software.”
Article 49. With respect to conduct that unlawfully interferes with, obstructs, or sabotages the publication of online publications, the publishing administration department and other relevant departments shall promptly take measures to stop it.
Chapter VI — Legal Liability
Article 50. Where an online publishing service unit violates these Provisions, the publishing administration department may take the following administrative measures:
(1) Issuing a warning notice;
(2) Circulating a notice of criticism and ordering corrections;
(3) Ordering a public self-criticism;
(4) Ordering the deletion of the unlawful content.
The warning notice shall be in a uniform format formulated by the State Administration of Press, Publication, Radio, Film and Television, and shall be issued by the publishing administration department to the online publishing service unit concerned.
The administrative measures listed in this Article may be used in combination.
Article 51. Where, without approval, a party engages in online publishing services without authorization, or publishes an online game online without authorization (including an online game authorized by an overseas copyright holder), pursuant to Article 61 of the “Regulations on the Administration of Publishing” and Article 19 of the “Measures for the Administration of Internet Information Services,” the publishing administration department and the administrative department for industry and commerce shall, in accordance with their statutory powers, ban the activity, and the provincial telecommunications authority where the party is located shall, on the basis of the notice from the relevant departments, impose penalties such as ordering the closure of the website in accordance with Article 19 of the “Measures for the Administration of Internet Information Services”; where a criminal law has already been violated, criminal liability shall be pursued in accordance with the law; where it is not yet sufficient for criminal punishment, all relevant online publications shall be deleted, the unlawful gains and the main equipment and specialized tools used for the unlawful publishing activities shall be confiscated, and where the unlawful business turnover is 10,000 yuan or more, a fine of 5 to 10 times the unlawful business turnover shall also be imposed; where the unlawful business turnover is less than 10,000 yuan, a fine of up to 50,000 yuan may be imposed; where the lawful rights and interests of others are infringed, civil liability shall be borne in accordance with the law.
Article 52. Where a party publishes or disseminates an online publication containing content prohibited under Article 24 or Article 25 of these Provisions, pursuant to Article 62 of the “Regulations on the Administration of Publishing” and Article 20 of the “Measures for the Administration of Internet Information Services,” the publishing administration department shall order the deletion of the relevant content and corrections within a time limit, confiscate the unlawful gains, and, where the unlawful business turnover is 10,000 yuan or more, also impose a fine of 5 to 10 times the unlawful business turnover; where the unlawful business turnover is less than 10,000 yuan, a fine of up to 50,000 yuan may be imposed; where the circumstances are serious, it shall order suspension of business for rectification within a time limit, or the State Administration of Press, Publication, Radio, Film and Television shall revoke the “Online Publishing Service License,” and the telecommunications authority shall, on the basis of the notice from the publishing administration department, revoke its telecommunications business operating license or order the closure of the website; where a crime is constituted, criminal liability shall be pursued in accordance with the law.
Where a party provides related services such as manual intervention in search rankings, advertising, or promotion to an online publishing service unit that engages in the conduct described in the first paragraph of this Article, the publishing administration department shall order it to stop providing the relevant services.
Article 53. Where there is a violation of Article 21 of these Provisions, pursuant to Article 66 of the “Regulations on the Administration of Publishing,” the publishing administration department shall order the cessation of the unlawful conduct, give a warning, and confiscate the unlawful gains; where the unlawful business turnover is 10,000 yuan or more, it shall also impose a fine of 5 to 10 times the unlawful business turnover; where the unlawful business turnover is less than 10,000 yuan, a fine of up to 50,000 yuan may be imposed; where the circumstances are serious, it shall order suspension of business for rectification within a time limit, or the State Administration of Press, Publication, Radio, Film and Television shall revoke the “Online Publishing Service License.”
Article 54. Under any of the following circumstances, pursuant to Article 67 of the “Regulations on the Administration of Publishing,” the publishing administration department shall order corrections and give a warning; where the circumstances are serious, it shall order suspension of business for rectification within a time limit, or the State Administration of Press, Publication, Radio, Film and Television shall revoke the “Online Publishing Service License”:
(1) Where an online publishing service unit changes the registration items or capital structure of its “Online Publishing Service License,” engages in online publishing services beyond the approved scope of services, merges or divides, or establishes a branch, without carrying out the examination-and-approval formalities in accordance with these Provisions;
(2) Where an online publishing service unit fails to publish publications involving major topics in accordance with the provisions;
(3) Where an online publishing service unit suspends its online publishing services without authorization for more than 180 days;
(4) Where the quality of online publications fails to conform to the relevant provisions and standards.
Article 55. Where there is a violation of Article 34 of these Provisions, pursuant to Article 21 of the “Measures for the Administration of Internet Information Services,” the provincial telecommunications authority shall order corrections; where the circumstances are serious, it shall order suspension of business for rectification or the temporary closure of the website.
Article 56. Where an online publishing service unit fails to submit statistical data to the publishing administration department in accordance with the law, it shall be penalized pursuant to the “Measures for the Administration of Press and Publication Statistics.”
Article 57. Where an online publishing service unit violates the provisions of Chapter II of these Provisions by obtaining a license through improper means such as deception or bribery, the State Administration of Press, Publication, Radio, Film and Television shall revoke the corresponding license.
Article 58. Under any of the following circumstances, the publishing administration department shall order corrections, give a warning, and impose a fine of up to 30,000 yuan:
(1) Violating Article 10 of these Provisions by carrying out, without authorization, cooperation involving online publishing service business with a domestic or overseas Chinese-foreign equity joint venture, Chinese-foreign cooperative venture, or wholly foreign-owned enterprise;
(2) Violating Article 19 of these Provisions by failing to indicate the relevant license information, or by failing to verify the “Online Publishing Service License” of the relevant website;
(3) Violating Article 23 of these Provisions by failing to implement, in accordance with the provisions, management systems such as the editorial responsibility system;
(4) Violating Article 31 of these Provisions by failing to provide and apply the relevant systems or equipment in accordance with the provisions or standards, or by failing to establish and improve the relevant management systems;
(5) Failing to participate in the annual verification as required by these Provisions;
(6) Violating Article 44 of these Provisions, where the legal representative or principal person in charge of the online publishing service unit has not obtained the “Post Training Certificate”;
(7) Violating other administrative provisions of the publishing administration department concerning online publishing.
Article 59. Where an online publishing service unit is subjected to the administrative penalty of having its license revoked for violating these Provisions, its legal representative or principal person in charge may not serve as the legal representative or principal person in charge of an online publishing service unit for 10 years from the date on which the license is revoked.
Where the editing, publishing, and other relevant professional-and-technical personnel engaging in online publishing services, and their persons in charge, violate these Provisions and the circumstances are serious, the original certificate-issuing authority shall revoke their qualification certificates.
Chapter VII — Supplementary Provisions
Article 60. The management systems referred to in these Provisions — such as the publication content review responsibility system, the responsible editor system, and the responsible proofreader system — shall be implemented with reference to the relevant provisions of the “Book Quality Assurance System.”
Article 61. These Provisions shall take effect on March 10, 2016. The “Interim Provisions on the Administration of Internet Publishing,” promulgated on June 27, 2002 by the former General Administration of Press and Publication and the Ministry of Information Industry, are repealed at the same time.
Closing
The original document was published in Chinese by the State Administration of Press, Publication, Radio, Film and Television (now the National Press and Publication Administration) and the Ministry of Industry and Information Technology; we translated it into English, which is what you read above. This translation is provided for quick comprehension only and should be used at your own discretion and risk — always confirm the current requirements with qualified legal counsel.
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