Decree of the Ministry of Information Industry of the People’s Republic of China（No. 3）

“Management Provisions on Electronic Bulletin Service in Internet”was passed at the 4th Ministerial meeting on October 8th, 2000. It is hereby promulgated and shall be implemented from the date of promulgation.

Minister of Information Industry: Wu jichuan
Novernber 6th, 2000

Management Provisions on Electronic Bulletin Services in Internet

Art. 1 For the purpose of enhancing the management of electronic bulletin service in Internet (hereinafter referred to as e-b service), standardizing information release on e-b , safeguarding national security and social stability, protecting legal rights and interests of the citizen, legal person and other entities, these Provisions are stipulated pursuant to the provisions of “Management Methods of Information Service in Internet” (hereinafter referred to as “Management Methods”.

Art. 2 These Provisions shall be applicable to e-b services and information release on e-b within the territory of the People’s Republic of China.
E-b service of these Provisions is referred to the activities of providing users of Internet with information release conditions by interactive modes of e-b board, e-plain board, e-forum, network chatting room, message leaving board, etc.

Art. 3 When carrying on the service, e-b service provider (hereinafter referred to as “provider”) shall abide by laws and regulations, enhance self-discipline of industry, and accept the legal supervision and examination by the Ministry of Information Industry (hereinafter referred to as “MII”), telecommunication authorities and other competent authorities of each province, autonomous regions and municipalities directly under the central government (hereinafter referred to as “provincial authorities”).

Art. 4 Internet users shall abide by laws and regulations when using e-b service system. They shall be responsible for the information released by them.

Art. 5 When provider wants to carry on e-b service, he/she shall apply for commercial Internet information service license to the provincial authorities or MII, or make specific application or accreditation for non-commercial Internet information service to the organs mentioned above.
After the check and examination, if the applicant is qualified, the provincial authorities or MII shall approve or make accreditation on e-b service together with Internet information service within fixed time limit, and make special notes in the license or accreditation document; if the applicant is disqualified, the competent authorities mentioned above shall not approve or make accreditation. They shall inform the applicant the result and illustrate the reasons in written form.

Art. 6 To carry on e-b service, the applicant shall tally with the provisions of Management Methods and possess the following conditions:
1)having specific e-b service categories and columns;
2)having perfect e-b service rules;
3)having safeguarding measures to protect e-b service security, including procedure of registering Internet users, management systems on the safety of users’ information, technical security measures;
4)having corresponding special managerial and technical staff capable of managing e-b service effectively.

Art. 7 Where provider who having got operation license or undertaken the formality of accreditation wants to carry on e-b service, he/she shall initiate the specific application or accreditation to the original competent authorities.
The provincial authorities or MII shall finish its check and examination within 60 days after the acceptance of the materials of specific application or accreditation. If the applicant is qualified, the provincial authorities or MII shall approve or make accreditation within fixed time limit, and make special notes in the operation license or accreditation document. If the applicant is disqualified, the competent authorities mentioned above shall not approve or make accreditation. They shall inform the applicant the result and illustrate the reasons in written form.

Art. 8 Neither units nor individuals may carry on e-b service without specific approval or accreditation.

Art. 9 It is prohibited to release the following contents in e-b service system:
1)violating the fundamental principles of the Constitution;
2)jeopardizing State security, betraying State secrets, subverting the government, and undermining the State unity;
3)damaging the honor and interest of the State;
4)inciting racial hatred or discrimination, undermining the unity of nationalities;
5)undermining the national policy on religion, advocating cult and superstition;
6)spreading rumors, disrupting social order ,and harming social stability;
7)disseminating the information of obscenity, erotic, gambling, violence, homicide, horror, or abetting in crime;
8)insulting or defaming the others, and infringing others’ legal rights and interests;
9)containing the contents which are prohibited by laws and administrative regulations.

Art. 10 The provider shall publish his/her operation license number or accreditation number , e-b service rules at the striking place of e-b service system. He/She shall also remind Internet users of being responsible for the information released by them.

Art. 11 The provider shall provide service in accordance with the categories and columns in the approval or accreditation. He/She is not allowed to provide service out of his/her approved categories or columns.

Art. 12 The provider shall keep the personal information of Internet users secret. Personal information cannot be released to others without the consent by Internet users, except that laws stipulate otherwise.

Art. 13 Once the provider find that there are information belonging to the contents listed in Art. 9 in his/her e-b service system, he/she shall delete them immediately, keep relevant record, and report to competent authorities.

Art. 14 The provider shall record the contents of the information released in his/her e-b service system, time of release, website or field name. Copies of the record shall be kept for 60 days. Requested by State organs, the record shall be provided.

Art. 15 The provider shall record the time of accession to Internet, users’ account, website or field name, dialing telephone number and other information of the users’. Copies of the record shall be kept for 60 days. Requested by State organs, the record shall be provided.

Art. 16 Anyone who carrying on e-b service without approval or out of the approved categories or columns with violating Art 8 and Art 11 of these Provisions shall be punished in accordance with Art. 19 of Management Methods.

Art. 17 Where there are contents listed in Art. 9 of these Provisions in the e-b service system, penalty shall be given in accordance with Art. 20 of Management Methods.

Art. 18 Anyone who violating Art 10 of these Provisions and having not published his/her operation license number ,accreditation number or e-b service rules, or having not reminding the users of being responsible for the information released by them, shall be punished in accordance with Art. 22 of Management Methods.

Art. 19 Where the provider violating Art. 12 of these Provisions and having released users’ personal information to others without users’ consent, provincial authorities shall order to correct; where the provider has caused damages or losses to the users, he/she shall bear legal liability with law.

Art. 20 Where the duties fixed in Art. 13, 14 and 15 of these Provisions have not been performed, penalty shall be given in accordance with Art. 21 and 23 of Management Methods.

Art. 21 For those who having carried on e-b service before the implementation of these Provisions, within 60 days after the implementation of these Provisions, the formality of specific application or accreditation shall be handled with in accordance with these Provisions.

Art. 22 These Provisions shall be implemented from the date of promulgation.