The Ministry of Information Industry ("MII") promulgated the Measures for the Administration of the Filing for the Record of Non-Commercial Internet Information Services (the "Recordal Measures") on 8 February 2005. The Recordal Measures took effect on 20 March 2005. It provides detailed guidelines on recordal filings for non-commercial websites.
Background
According to the Measures for the Administration of Internet Information Services ("IIS Measures"), which took effect on 25 September, "internet information services" is defined as the service activity of providing information services through the internet to online subscribers. The IIS Measures distinguish between two types of internet information services: commercial and non-commercial services. According to the IIS Measures, the term "commercial internet information services" refers to services such as compensated provision to online subscribers through the internet of information services or website production, etc. whereas the term "non-commercial internet information services" refers to the services of non-compensated provision to online subscribers through the internet of information which is in the public domain and openly accessible.
The Recordal Measures now clarify that the IIS Measures only apply to non-commercial internet information services which are provided by organisations or individuals in China. Before this clarification it was not clear whether non-commercial websites accessible in China and directed at a PRC audience were also subject to the IIS Measures even if the websites were provided offshore. The Recordal Measures apply to non-commercial internet information services which are accessible through an internet domain name as well as those only accessible through an internet IP address.
The IIS Measures specified that the provision of commercial information services would be subject to a permit system, and the provision of non-commercial internet information services would be subject to a recordal filing system.
Recordal
The Recordal Measures require all those who provide non-commercial internet information services to comply with filing requirements. They can entrust their internet connection providers to carry out such filing on their behalf. The filing for the record has to be made with the provincial-level authority in charge of the information industry.
If non-commercial internet information services relate to the provision of news, publication, education, medical and health, pharmaceuticals and medical appliances, culture, radio, film and television programmes, then the service provider must also obtain the relevant approvals from the administrative authorities in charge. The approval must be submitted when the filing is made. For instance, if a non-commercial internet site intends to publish information on pharmaceuticals, the approval of the local food and drug administration needs to be obtained first.
The filing number needs to be displayed at the bottom of the home page together with a link to the dedicated website of the MII relating to recordal administration. Providers of non-commercial internet information services must guarantee the lawfulness of the information published on their website. They are subject to an annual review by the MII. |