Member Article

The State Council Information Office and the Ministry of Information Industry issued the Regulations for the Administration of Internet News Information Services on 25 September 2005. The Regulations, which entered into effect on the date of their promulgation, impose licensing and recordal requirements on providers of online news information services in China. Definitions The Regulations define news information as news information of the current political affairs type, including reports and debates on public affairs such as politics, economics, military affairs and foreign policy as well as breaking social events. Internet news information services include the posting through the internet of news information, the provision of bulletin board services on current political affairs and the sending of messages to the public on current political affairs. The Regulations distinguish between three types of internet news information service units ("internet news providers"): those established by news organisations which post news in addition to information which the news organisations have already published or broadcast, provide bulletin board services on current political affairs and transmit messages to the public on current political affairs ("Type 1 internet news providers"); (ii) those established by entities other than news organisations and that post information carried elsewhere, provide bulletin board services on political affairs and transmit messages to the public on current political affairs ("Type 2 internet news providers"); and (iii) internet news providers that are established by news organisations which post information which has already been published or broadcast ("Type 3 Internet news providers"). Control The establishment procedures differ depending on the type of internet news service provider. Type 1 and Type 2 internet news providers require approval and licensing by the State Council Information Office. Type 3 Internet news providers need only carry out recordal process with the State Council Information Office or a provincial-level information office. In addition to the licensing or recordal procedures, internet news providers must complete procedures for registration of internet information services with the telecommunications authorities. The Regulations provide that the establishment of internet news providers in the form of Sino-foreign equity joint ventures, Sino-foreign cooperative joint ventures or wholly foreign-owned enterprises is prohibited.