Internet Filtering in China in 2004 2005
sites must obtain approval from state information offices and from the State Council Information
Agency.
128
To be recognized as an online publisher, organizations must undertake the same licensing, and
follow the same regulations, required for print publishing, an arduous task.
129
Thus, China seeks to ensure that citizens can access only news from sources under state control.
For example, during the Severe Acute Respiratory System (SARS) outbreak, official online sources and
print newspapers disclosed only a few cases of atypical pneumonia ; they stated that there was no
epidemic, rumors to the contrary were false, and any illnesses could be attributed to changes in the
weather.
130
Many citizens learned about SARS through informal channels of communication, such as
simple messaging service (SMS) messages over cellular phones, rather than through official news
sources.
131
e. Content Controls for Cybercafes
Cybercafes operate under additional content regulations. The operators and patrons of these
establishments may not access, create, download, or transmit information that is contrary to
constitutional principles; that harms China's unity, sovereignty, or territorial integrity; that reveals
national secrets, damages national security, or harms the state's reputation; that incites ethnic hatred or
discrimination; that harms ethnic unity, customs, or traditions; that is contrary to national religious
policy or that spreads superstition; that spreads rumors or disturbs public order; that spreads obscenity or
violence; that teaches criminal behavior; that defames others or infringes their legal rights; that harms
public morality; or that is otherwise unlawful.
132
Furthermore, cybercafe users are prohibited from creating or spreading computer viruses,
illegally accessing computer systems, or engaging in other unlawful activities.
133
The cafes cannot offer
access to gambling games or sites.
134
Owners must install network monitoring equipment; if they detect
that customers are accessing unlawful material, or engaging in forbidden activities, the cafe must
disconnect the user and report them to the local Culture Department.
135
Penalties for violations include
fines and potential criminal liability.
136
127
See China's Internet: An Uncertain Future, China Law & Practice.
128
Congressional Executive Committee on China, International Agreements and Domestic Legislation Affecting
Freedom of Expression, at http://www.cecc.gov/pages/virtualAcad/exp/explaws.php.
129
To see how the process works, visit http://www.cecc.gov/pages/virtualAcad/exp/bookflow.php .
130
Congressional Executive Committee on China, Information Control and Self Censorship in the PRC and the
Spread of SARS, at http://www.cecc.gov/pages/news/prcControl_SARS.php.
131
See, e.g., Irene Wang, Text Messages Boost SARS Fight, South China Morning Post, Nov. 4, 2003, at 3.
132
Chapter 3, Internet Service Providers [Internet cafes] Operating Regulations.
133
Chapter 3, Internet Service Providers [Internet cafes] Operating Regulations.
134
Chapter 3, Internet Service Providers [Internet cafes] Operating Regulations.
135
Chapter 3, Internet Service Providers [Internet cafes] Operating Regulations.
136
Chapter 4, Internet Service Providers [Internet cafes] Operating Regulations.
17