New Rules on ICPs Issued

China

The PRC State Council was announced by Administrative Measures on Internet Information Service (Measures) on 1st October 2000. The Measures comprises 27 articles, setting out the basic rules applicable to internet information service providers within China.

The major provisions are as follows:

  • they apply to "Internet information service" (IIS) activities within China;
  • it divides IIS activities into two categories: profit and non-profit;
  • a licensing system is put in place for profit-making IIS, and a filing system for non-profit-making IIS;
  • without approval or filing, as the case may require, no IIS may be provided;
  • there are additional approval requirements where special industries are involved, such as news, publication, education, medical and health, medicine and medical appliances, etc.;
  • nine categories of information are prohibited from being produced, copied, published or transmitted by IIS providers;
  • the use of foreign funds by IIS providers will be addressed by separate regulations;
  • violation of the above provisions will attract sanctions ranging from correction orders to shutting down the service; and
  • those IIS providers who commenced business before the promulgation of the Measures are required to satisfy the rules within 60 days from the promulgation date.

For further information please contact Aili Zhao (Beijing office) at [email protected] or on +8610 6590 0389.