Internet Filtering in China in 2004 2005
renminbi (RMB) (approximately $600 U.S.), and, for serious offenses, have their network access
terminated for up to six months.
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The State Council supplemented these Regulations with telecommunications regulations issued in
2000.
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b. Regulation of Content Providers
State Council Order No. 292, promulgated in September 2000, established the first formal
content restrictions for ICPs. Article 12 dictated that content providers were responsible for ensuring the
legality of any information disseminated through their services and required ICPs to track and maintain
records of user activity for 60 days.
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Article 15 specified nine restricted, relatively vague categories of
information that cannot be produced, copied, published, or disseminated, comprising data
1. Which are against the principles prescribed in the Constitution;
2. Which endanger the security of the State, divulge the secrets of the State, overthrow the
government, or damage the unification of the State;
3. Which harm the dignity and interests of the State;
4. Which instigate hatred, discrimination among the ethnic groups, or destroy the unity of
nationalities;
5. Which break the religious policy of the State, spread evil cults or feudal superstition;
6. Which spread rumors, disturb the social order, and damage the social stability;
7. Which spread pornography, sex, gambling, violence, murder, terrorism or abetment;
8. Which insult or slander others and thus infringe upon others lawful rights and interests; or
9. Which involve other contents prohibited by the laws and administrative rules.
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ICPs finding content on their services that violated one of the nine provisions were required to make a
complete report to the relevant authorities
105
.
Two years later, on June 27, 2002, the General Administration of Press and Publishing (GAPP)
teamed with the Ministry of Information Industry to release the Interim Provisions on the
Administration of Internet Publication. These provisions responded to mandates issued to these
organizations in the State Council s Administration of Publishing Regulations and the Measures on
Internet Information Services. The new provisions sought to reconcile controls over on line publishing
with those for print publications, and to unify Internet regulation and supervision efforts across agencies.
101
Computer Information Network and Internet Security, Protection and Management Regulations, Article 20.
102
The Telecommunications Regulations ban individuals from using telecommunications networks to make,
duplicate, issue, or disseminate the following information: (1) opposing constitutional principles; (2) jeopardizing
national security, revealing state secrets, subverting state power, or undermining national security; (3) harming the
property and interests of the states; (4) arousing ethnic animosities, ethnic discrimination, or undermining ethnic
solidarity; (5) undermining state religious policies or promoting cults and feudal superstitions; (6) spreading rumors,
disturbing social order, or undermining social stability; (7) spreading obscenity, pornography, gambling, violence,
murder, terror, or instigating crime; (8) insulting or slandering others, or violating their legal rights and interests; (9)
having other content prohibited by laws or administrative regulations. Telecommunications Regulations, State
Council Order No. 291, issued Oct. 11, 2000.
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Measures on Internet Information Services, Article 12 (translation obtained from iSinoLaw.com).
104
Measures on Internet Information Services, Article 15.
105
Measures on Internet Information Services, Article 16.
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