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Administrative Provisions for Electronic Bulletin Services on the Internet

0 CommentsPrint E-mail ChinaITLaw.org, January 20, 2010
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(Adopted at the fourth ministerial meeting of the Ministry of Information Industry (MII) on October 8, 2000, and hereby promulgated, and to be implemented from the date of promulgation.)

Article 1. In order to intensify the management of Internet electronic bulletin services (hereafter electronic bulletin services), to regulate the distribution of electronic bulletin information, to safeguard national security and social stability, and to ensure the legitimate rights and interests of the citizens, legal persons, and other organizations, pursuant to the provisions of "Administrative Measures on Internet Information Services," these Provisions are formulated.

 Article 2. Those engaging in electronic bulletin services and distributing information using electronic bulletins in the People's Republic of China shall comply with these Provisions. "Electronic bulletin services" as referred to herein shall mean the provision of conditions for distributing information to Internet users using electronic bulletin boards, electronic boards, electronic forums, network chat rooms, message boards, or other interactive forms on the Internet.

Article 3. An electronic bulletin service provider shall conduct its service activities in compliance with the laws and regulations, shall enhance the self-discipline of the industry, and shall accept the supervision and inspection of the Ministry of Information Industry (hereafter referred to as MII) in addition to the telecommunications administration authorities of the provinces, autonomous regions, or municipalities under the central government and other relevant supervisory departments in accordance with the law.

Article 4. Internet users shall use electronic bulletin service systems in compliance with the laws and regulations and shall be responsible for the information released by them..

Article 5. For those engaging in Internet information services who intend to operate electronic bulletin services, a special application or a special filing for the record shall be made when applying for the permit for commercial Internet information services or when carrying out the filing procedures for non-commercial Internet information services with the telecommunications administration authorities of the provinces, autonomous regions, and municipalities directly under the central government or the MII.

The telecommunications administration authority of the province, autonomous region, or municipality directly under the central government or the MII shall approve and file for the record for electronic bulletin services in combination with the Internet information services within a prescribed time and a special indication shall be made in the operating permit or the filing for the record if the applicant is qualified; if the applicant is not qualified, the approval and the filing for the record shall be rejected, and a written notice with an explanation of the reasons for rejection will be issued to the applicant.

Article 6. To engage in electronic bulletin services, the following conditions must be satisfied, in addition to compliance with the conditions prescribed in the "Administrative Measures on Internet Information Services":

(1) having specific electronic bulletin service categories and columns;

(2) having complete regulations for electronic bulletin services;

(3) having measures for the protection of electronic bulletin services, including registering procedures for Internet users, an administrative system for the security of Internet user information, and equipment for the protection of the technology;

(4) having appropriate professional administrative and technical personnel capable of regulating electronic bulletin services effectively.

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