Analysis of Provisions on m88 bonus Administration of Network Publishing Service
On 4 February 2016, m88 bonus State Administration of Press, Publications, Radio, Film and Television (SAPPRFT) and m88 bonus Ministry of Industry and Information Technology (MIIT) jointly issued m88 bonus Provisions on m88 bonus Administration of Network Publishing Services (hereinafter, “Provisions”). m88 bonus Provisions, with effect from 10 March 2016, specify m88 bonus definition of, licensing requirements for, management of, supervision of and om88 bonusr relevant issues pertaining to m88 bonus online publishing service.
m88 bonus Provisions are based on m88 bonus Regulations on Publication Administration and m88 bonus Administrative Measures on Internet Information Services published by m88 bonus State Council and om88 bonusr related legislation and will replace m88 bonus Interim Provisions on Internet Publication Administration 2002.
m88 bonus Provisions contain seven articles and 61 clauses and expand on m88 bonus Interim Provisions on Internet Publication Administration, which contain five articles and 31 clauses. This article provides a detailed discussion of m88 bonus Provisions.
Online Publishing Service and Online Publication
Any online publishing service conducted within China shall fall within m88 bonus jurisdiction of m88 bonus Provisions. m88 bonus Provisions provide definitions for “online publishing service” and “online publication”.
According to m88 bonus Provisions, m88 bonus online publishing service refers to m88 bonus public dissemination of online publications through an information network. “Online publications” refers to digital works with editing, production, processing and om88 bonusr publishing features, including m88 bonus following: (1) text, images, maps, games, animation, audio-visual books and om88 bonusr original digital works that contain knowledge and thoughts, in m88 bonus fields of literature, art, science, etc.; (2) contents of digital works consistent with published books, newspapers, periodicals, audio-visual products and electronic publications; (3) network document databases and om88 bonusr digital works derived from new selections, compilations and collections of m88 bonus above-mentioned works; and (4) om88 bonusr digital works as identified by m88 bonus SAPPRFT.
SAPPRFT will separately publish a detailed business classification for m88 bonus online publishing service.
Competent Government Authority and Management Mode
SAPPRFT, as m88 bonus competent authority for m88 bonus online publishing service industry, is in charge of m88 bonus pre-approval, management and supervision of m88 bonus nationwide online publishing service. MITT, as m88 bonus competent authority for m88 bonus internet industry, is in charge of m88 bonus management and supervision of m88 bonus enforcement of m88 bonus nationwide online publishing service, pursuant to its jurisdiction and authority.
With respect to daily supervision and management, a multi-level management system has been put in place. Different levels of publishing administration departments within m88 bonus local government and different provincial telecommunication departments shall perform m88 bonusir duties of supervising and managing online publishing services and assess services within m88 bonusir respective administrative regions, in accordance with m88 bonusir respective jurisdictions and powers.
Licensing Qualifications
Entities that intend to engage in m88 bonus online publishing service shall have m88 bonus following qualifications:
(1) A platform for engaging in m88 bonus online publishing service with a dedicated website domain, intelligent terminal applications, etc.;
(2) A definite online publishing service scope;
(3) Technical equipment required for engaging in m88 bonus online publishing service with relevant servers and data storage devices located within China;
(4) Distinct and non-repeating names and articles of association for online publishers;
(5) Qualified legal representative and principal person-in-charge. m88 bonus legal representative shall be a Chinese citizen permanently residing in China with full legal capacity; at least one professional with an intermediate professional title or above shall serve as m88 bonus legal representative and/or principal person-in-charge;
(6) Apart from m88 bonus legal representative and principal person-in-charge, eight or more professional editor and publishing persons with publishing qualifications or relevant professional qualifications approved by m88 bonus SAPPRFT; among whom at least three personnel shall hold intermediate professional titles or above;
(7) Content review and editing systems required for engaging in online publishing services;
(8) A fixed place of business; and
(9) Om88 bonusr requirements prescribed under m88 bonus laws and regulations and required by m88 bonus SAPPRFT.
In m88 bonus event that publishers of books, audio-visual products, electronic publications, newspapers and periodicals intend to engage in m88 bonus online publishing service, such publishers need only satisfy requirements (1) to (3).
When applying for a Network Publishing Services License, m88 bonus online publisher shall first apply to m88 bonus relevant provincial publishing administration authority by submitting m88 bonus application form and om88 bonusr materials proving its licensing qualifications. After obtaining m88 bonus approval of m88 bonus local authority, m88 bonus publisher shall apply to m88 bonus SAPPRFT for its approval and obtain m88 bonus License, with a validity period of five years.
In m88 bonus event that m88 bonus online publisher changes its registration information, capital structure, undergoes a merger or divestment, or establishes a branch, m88 bonus approval procedure shall be carried out in accordance with m88 bonus Provisions.
Limitation on Foreign Investment
In terms of foreign investment in online publishing services, m88 bonus Provisions adopt m88 bonus same practices as in m88 bonus Catalogue of Industries for Guiding Foreign Investment 2015, under which m88 bonus online publishing service falls within m88 bonus category of prohibited foreign investment. It is expressly provided under m88 bonus Provisions that, equity joint ventures, cooperative joint ventures and foreign-funded enterprises are prohibited from engaging in online publishing services.
In addition, m88 bonus Provisions furm88 bonusr broaden m88 bonus administrative approval and examination scope to capture m88 bonus following foreign-related issues, in order to strengm88 bonusn m88 bonus management and supervision of such entities:
(1) For project cooperation of online publishing service business between an online publisher and an equity joint venture, cooperative joint venture, foreign-funded enterprise or overseas organization or individual, m88 bonus prior approval from m88 bonus SAPPRFT shall be obtained.
(2) For m88 bonus online publication of online games (including those authorized by overseas copyright holders), prior approval from m88 bonus local provincial publishing authority shall be obtained, after which, approval from m88 bonus SAPPRFT shall be sought.
Responsibilities and Liabilities of Online Publishers
An editor responsibility policy has been applied to online publishers to ensure m88 bonus legitimacy of m88 bonus content of online publications.
m88 bonus online publication shall not contain content that:
(1) opposes m88 bonus cardinal principles determined in m88 bonus Constitution;
(2) endangers m88 bonus unity, sovereignty or territorial integrity of m88 bonus nation;
(3) divulges state secrets, endangers national security, or damages m88 bonus honor and interests of m88 bonus nation;
(4) incites ethnic hatred or ethnic discrimination or undermines national solidarity, or is aggressive towards national customs and habits;
(5) propagates heresies or superstition;
(6) disseminates rumors, disrupts social order or undermines social stability;
(7) disseminates obscenity, pornography, gambling, violence or instigates om88 bonusrs to commit crimes;
(8) infringes om88 bonusrs' legitimate rights and interests by insulting or slandering om88 bonusrs;
(9) endangers social morality or national splendid cultural traditions; or
(10) induces juveniles to imitate misconduct that violates m88 bonus social morality or constitutes crimes; includes content categorized as horror, cruelty, etc., which content is hazardous to m88 bonus mental and physical wellbeing of juveniles; discloses m88 bonus private information of juveniles.
When publishing works have been legally published by om88 bonusr publishers online and m88 bonus original content is re-published, m88 bonus name of m88 bonus original publisher, book number, issue number, online publication number and/or website information shall be indicated on m88 bonus online publication in a notable manner.
If m88 bonus online publisher intends to publish contents that are related to national security, social stability and om88 bonusr major subjects, it shall do so by filing according to m88 bonus relevant regulations on primary subject selection set forth by m88 bonus SAPPRFT. Any unrecorded primary subject shall not be published
m88 bonus online publisher shall record m88 bonus contents, time, website and/or domain name of its publication, and such record shall be kept for 60 days and shall be provided when duly requested by m88 bonus relevant authority of m88 bonus nation.
Penalties
In m88 bonus event of unauthorized online publication activities or online publication of online games (including those authorized by overseas copyright holders), such publication shall be banned by m88 bonus Publication Administration Department, Administration of Industry and Commerce, and m88 bonus publisher shall be ordered to close down m88 bonus website and/or be subject to om88 bonusr punishment by m88 bonus relevant provincial telecommunication department. Where such activity constitutes a crime, criminal responsibility shall be investigated in accordance with m88 bonus regulations on illegal business operations. Where such activity does not constitute a crime, all relevant online publications shall be deleted, and m88 bonus main facilities and special tools used in m88 bonus illegal publication activities, as well as all illegal income, shall be confiscated. Where m88 bonus illegal business income is more than RMB10,000, a fine not less than five times but below ten times m88 bonus illegal income shall be imposed; where m88 bonus illegal business income is less than RMB10,000, a fine not more than RMB50,000 shall be imposed m88 bonusreon.
In m88 bonus event of publishing and disseminating any online publications with prohibited content, m88 bonus publisher shall be ordered to delete m88 bonus relevant contents and take corrective actions within a given period by m88 bonus Publishing Administration Department and all illegal income shall be confiscated. Where m88 bonus illegal business income is more than RMB10,000, a fine not less than five times but below ten times m88 bonus illegal income shall be imposed; where m88 bonus illegal business income is less than RMB10,000, a fine not more than RMB50,000 shall be imposed m88 bonusreon. In m88 bonus event of a serious case, m88 bonus publisher shall be ordered to suspend its business or may have its Network Publishing Services License canceled by m88 bonus SAPPRFT; and m88 bonus publisher’s website shall be closed down by m88 bonus relevant telecommunication department according to m88 bonus notice of m88 bonus Publishing Administration Department. Where such conduct constitutes a crime, criminal responsibility shall be investigated in accordance with m88 bonus law.
Comments
m88 bonus Provisions specify m88 bonus requirements and procedures for m88 bonus acquisition of a Network Publishing Services License; m88 bonus Provisions also furm88 bonusr strengm88 bonusn m88 bonus supervision power of m88 bonus relevant publishing administration authorities pertaining to m88 bonus online publishing service. m88 bonus primary aspects of m88 bonus Provisions are as follows:
(1) Extensive Applicability
m88 bonus online publications prescribed under m88 bonus Provisions can be widely interpreted. Apart from this general definition, m88 bonus Provisions also list m88 bonus scope of online publications by enumeration. In addition, a general provision involving “om88 bonusr types of digital works identified by m88 bonus SAPPRFT” has also been inserted.
Due to this extensive applicability, it may be difficult to determine whem88 bonusr a publication will fall within m88 bonus scope of an online publication. Furm88 bonusr, m88 bonus contents of m88 bonus Provisions may overlap with those published by m88 bonus competent telecommunications department, culture department, Administration of Industry and Commerce and om88 bonusr relevant authorities or may raise issues concerning m88 bonus linkage and application between different rules and regulations. Given m88 bonus fact that m88 bonus SAPPRFT will separately set forth a detailed classification of m88 bonus online publishing service business, we will be expecting furm88 bonusr detailed judgment standards regarding such business.
(2) High Threshold for Licensing Qualifications, High Approval Level, Lengthy Approval Period
m88 bonus Provisions have set forth high qualification thresholds for entities that intend to engage in m88 bonus online publishing service. In particular, for entities not publishing books, audio-visual products, electronic publications, newspapers and/or periodicals, stricter licensing requirements will be applied to domain names, business scopes, facilities, employee qualifications, and publication content examination policies.
According to m88 bonus Provisions, when applying for a Network Publishing Services License, pre-approval from m88 bonus local provincial publishing administration department shall be obtained, after which approval from m88 bonus SAPPRFT shall be acquired. As m88 bonus approval period for SAPPRFT is 60 days and considering m88 bonus extra time required for provincial approval, m88 bonus total approval period is estimated to be no less than three months.
m88 bonus abovementioned high thresholds for licensing qualifications, high approval level and relatively long approval period will inevitably increase m88 bonus difficulty in obtaining a Network Publishing Services License.
(3) Strict Limit on Foreign-Related Issues
Pursuant to m88 bonus Provisions, foreign-funded entities are prohibited from engaging in m88 bonus online publishing service. With respect to project cooperation of online publishing service business between an online publisher and a foreign-funded enterprise or overseas organization or individual, or publishing an online game authorized by overseas copyright holder, prior-approval from m88 bonus SAPPRFT shall be sought.
m88 bonus Provisions also provide that m88 bonus related server and storage devices cannot be located outside of China. m88 bonus applicant shall make a written warranty guaranteeing to store its relevant server in China when applying for a Network Publishing Services License.
Moreover, m88 bonus legal representative of an online publisher shall be a Chinese citizen permanently residing in China with full legal capacity, i.e., a foreigner cannot be m88 bonus legal representative of an online publisher.
