Internet Filtering in China in 2004 2005
The provisions define Internet publishing as an act of online dissemination whereby information
service providers select, edit, and process works created by themselves or others and subsequently post
the same on the internet or transmit the same to the end users via the internet for browsing, reading, use
or downloading by the public.
106
These works include formally published content that has appeared in
books, newspapers, and periodicals as well as edited and processed works of literature, art, natural
science, social science and engineering technology.
107
This definition could apply to the material offered
by every ICP, including non business oriented sites and personal Web sites, although the GAPP has not
applied the provisions to personal sites.
108
Along with restating previous regulations and adding more licensing and inspection requirements
for ICPs, these provisions create an additional category of restricted information: content that
compromises public morality or refined indigenous culture and traditions.
109
In addition to these
completely proscribed categories, content involving state secrecy, social stability, or other serious topics
must be reported to GAPP, and copies of such material submitted for official records.
110
Finally,
information targeted at minors was prohibited if it served to induce[] minors to imitate acts that are
contrary to public morality, illegal or criminal
111
, or if the material was of horrific, cruel, or other such
nature that is harmful to the physical and psychological health of minors.
112
In addition to regulating content itself, the provisions required ICPs to implement procedural
controls. Thus, ICPs had to create an editor responsibility system to review all content and editors were
mandated to undertake training, though the provisions do not define either of these requirements
specifically.
113
China has established rules for Internet broadcasting of audiovisual material as well, in an effort
to harmonize on line and off line regulation of this content. In January 2003, the State Council passed
Measures on the Administration of Broadcasting Audio/Visual Programs over the Internet or Other
Information Networks. The State Administration of Radio, Film, and Television was given jurisdiction
over digital media content. The Measures require ICPs that broadcast news to obtain a license from the
State Council Information Office, which required additional operating provisions.
The Ministry of Culture promulgated its Interim Provisions on the Administration of Internet
Culture, consisting mostly of restatements of existing rules and regulations, on May 10, 2003. The
Ministry required all ICPs to register with its central or provincial office, in addition to the existing
multiple registrations mandated by other regulations.
114
The Provisions extended previously enacted
106
Internet Publishing: China Pushes for Increased Supervision and Self Discipline in the Industry, China Law and
Practice, March 2005 (hereinafter Internet Publishing ).
107
Internet Publishing.
108
Internet Publishing.
109
Interim Provisions on the Administration of Internet Publication, Article 17 (translation obtained from
iSinoLaw.com).
110
Interim Provisions on the Administration of Internet Publication, Article 16.
111
Interim Provisions on the Administration of Internet Publication, Article 18.
112
Interim Provisions on the Administration of Internet Publication, Article 17.
113
Interim Provisions on the Administration of Internet Publication, Article 21.
114
Administration of Culture on the Internet Tentative Provisions (Summary), China Law & Practice. Sept. 2, 2003.
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