280
China
Through Internet information service (IIS) providers and ISPs, the state regulates
available online content and monitors Internet users. As laid out in Article 20 of the
Measures for Managing Internet Information Services, IIS providers are directly responsible for content published on their services.
78 Specifi cally, IIS providers are prohibited
from producing, reproducing, releasing, or disseminating information that falls under
nine categories forbidden by the state, as laid out in Article 15 of the measures. Forbidden information ranges from content that undermines state security, social order,
and national unity (such as information inciting ethnic hatred) to pornography. Internet information service providers who violate these measures or fail to monitor their
Web sites and report violations can face fi nes, shutdown, criminal liability, and license
revocation.
79 Commercial IIS providers must be licensed, while noncommercial IIS
providers must report on their operations for offi cial records. Electronic bulletin board
services (including chat forums) are subject to similar regulations under the Rules on
the Management of Internet Electronic Bulletin Services.
80
Internet news information services have to abide by regulations laid out in the 2005
Provisions on the Administration of Internet News Information Services. The provision provides a complex regulatory scheme — only news originating from statesupervised news outlets can be posted online. Government-licensed and authorized
news agencies are limited to covering specifi c subjects approved by the state, but they
can at least conduct original reporting on “ current events news information, ” defi ned
as “ reporting and commentary relating to politics, economics, military affairs, foreign
affairs, and social and public affairs, as well as reporting and commentary relating to
fast-breaking social events. ”
81 Web sites that are nongovernmental entities, or otherwise not licensed news agencies, are restricted from performing any journalistic function other than reprinting content from central news outlets or media under the direct
control of provincial governments.
82
Under Article 19 of this provision, there are 11 content categories that Internet
news organizations are prohibited from posting or transmitting. These restrictions are
similar to those regulating bulletin board services and IIS providers. Beyond formal
controls such as policies, instructions, and defamation liability, the government also
utilizes informal mechanisms to discipline media, ranging from editorial responsibility
for content to economic incentives, intimidation, and other forms of pressure.
83
The government has used this framework to bring social media in line with Internet
content regulations. Under the January 1, 2008, “ Provisions on the Management of
Internet Audio and Video Programming Services, ”
84 issued by the State Administration
of Radio, Film, and Television (SARFT) and MIIT, Internet audiovisual program service
providers that produce original content are required to obtain a broadcast production
license and Internet news information services licenses regulated by the MIIT. Similarly, video service providers are also prohibited from allowing any individuals without
a special license to upload content pertaining to “ current events. ”
85 Audiovisual
China
Through Internet information service (IIS) providers and ISPs, the state regulates
available online content and monitors Internet users. As laid out in Article 20 of the
Measures for Managing Internet Information Services, IIS providers are directly responsible for content published on their services.
78 Specifi cally, IIS providers are prohibited
from producing, reproducing, releasing, or disseminating information that falls under
nine categories forbidden by the state, as laid out in Article 15 of the measures. Forbidden information ranges from content that undermines state security, social order,
and national unity (such as information inciting ethnic hatred) to pornography. Internet information service providers who violate these measures or fail to monitor their
Web sites and report violations can face fi nes, shutdown, criminal liability, and license
revocation.
79 Commercial IIS providers must be licensed, while noncommercial IIS
providers must report on their operations for offi cial records. Electronic bulletin board
services (including chat forums) are subject to similar regulations under the Rules on
the Management of Internet Electronic Bulletin Services.
80
Internet news information services have to abide by regulations laid out in the 2005
Provisions on the Administration of Internet News Information Services. The provision provides a complex regulatory scheme — only news originating from statesupervised news outlets can be posted online. Government-licensed and authorized
news agencies are limited to covering specifi c subjects approved by the state, but they
can at least conduct original reporting on “ current events news information, ” defi ned
as “ reporting and commentary relating to politics, economics, military affairs, foreign
affairs, and social and public affairs, as well as reporting and commentary relating to
fast-breaking social events. ”
81 Web sites that are nongovernmental entities, or otherwise not licensed news agencies, are restricted from performing any journalistic function other than reprinting content from central news outlets or media under the direct
control of provincial governments.
82
Under Article 19 of this provision, there are 11 content categories that Internet
news organizations are prohibited from posting or transmitting. These restrictions are
similar to those regulating bulletin board services and IIS providers. Beyond formal
controls such as policies, instructions, and defamation liability, the government also
utilizes informal mechanisms to discipline media, ranging from editorial responsibility
for content to economic incentives, intimidation, and other forms of pressure.
83
The government has used this framework to bring social media in line with Internet
content regulations. Under the January 1, 2008, “ Provisions on the Management of
Internet Audio and Video Programming Services, ”
84 issued by the State Administration
of Radio, Film, and Television (SARFT) and MIIT, Internet audiovisual program service
providers that produce original content are required to obtain a broadcast production
license and Internet news information services licenses regulated by the MIIT. Similarly, video service providers are also prohibited from allowing any individuals without
a special license to upload content pertaining to “ current events. ”
85 Audiovisual