Internet Filtering in China in 2004 2005
the time of use, maintaining it for 60 days and making it available to the Public Security Bureau and the
Culture Department.
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Penalties for violations include fines and potential criminal liability.
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3. Internet Content Regulation
China maintains extremely strong controls over the material that users are allowed to post and to
access on the Internet. These include long, complex, and expensive licensing requirements; mandatory
registration and inspections; prescribed minimums for available capital and the number of employees;
and broad restrictions on permissible types of content.
a. Regulation of Internet Users
China took initial steps to control how its citizens used the Internet in December 1997 when the
Ministry of Public Security, pursuant to its authority under State Council Order No. 147, issued
comprehensive regulations governing Internet use. The Ministry stated its goal was to strengthen the
security and the protection of computer information networks and of the Internet, and to preserve the
social order and social stability .
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The regulations have three key sections, Articles 4 through 6.
Article 4 of the regulations proscribes individuals from using the Internet to harm national
security; disclose state secrets; harm the interests of the State, of society, or of a group; or to take part in
criminal activities.
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Article 5 bars using the Internet to create, replicate, retrieve, or transmit information that incites
resistance to the Constitution, laws, or administrative regulations; incites overthrow of the government or
socialist system; incites division of the country or harms national unification; incites hatred or
discrimination among nationalities or harms their unity; distorts the truth, spreads rumors, or destroys
social order; promotes feudal superstitions, sexually suggestive material, gambling, violence, or murder;
furthers terrorism, incites others to criminal activity, or openly insults or slanders other people; injures
the reputation of state entities; or promotes other activities that violate the Constitution, laws, or
administrative regulations.
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Article 6 bars users from engaging in activities that could harm the security of computer
information networks. It specifically forbids using networks or network resources without prior approval;
changing network functions or adding / deleting information; adding to, deleting from, or altering
materials stored, processed, or transmitted through the network; deliberately creating or transmitting
viruses; or otherwise harming the network.
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Article 20 provides penalties for violations. It dictates that violators of Articles 5 or 6 will receive
a warning, have any illegally earned income confiscated, be assessed a fine equal to or less than 5,000
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Chapter 3, Internet Service Providers [Internet cafes] Operating Regulations.
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Chapter 4, Internet Service Providers [Internet cafes] Operating Regulations.
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Computer Information Network and Internet Security, Protection and Management Regulations, Article 1.
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Computer Information Network and Internet Security, Protection and Management Regulations, Article 4.
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Computer Information Network and Internet Security, Protection and Management Regulations, Article 5.
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Computer Information Network and Internet Security, Protection and Management Regulations, Article 6.
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