Following the release of the new version of the Regulations on the Administration of Internet News and Information Services (hereinafter referred to as the Regulations) by the National Cyberspace Office on May 2, today, the National Cyberspace Office also released the Implementation Rules for the Administration of Internet News and Information Services Licensing (hereinafter referred to as the Rules), specifying that since June 1, 2017, Internet news and information services should be provided to the public through Internet websites, applications, forums, blogs, microblogs, public accounts, instant messaging tools, webcasts and other forms, and Internet news and information services should be licensed. It is prohibited to carry out Internet news and information services without permission or beyond the scope of permission.
There are a total of 18 detailed rules in this regulation. The Rules specify that Internet news information services include Internet news information gathering, editing and publishing services, reprinting services and communication platform services. Among them, those approved to provide Internet news information gathering, editing and publishing services may also provide Internet news information reprinting services. If it is approved to provide Internet news and information dissemination platform services and plans to provide editing and publishing services and reprinting services at the same time, it shall obtain a license for Internet news and information editing, publishing and reprinting services according to law.
According to the Detailed Rules, no organization may set up Internet news information service units with Sino foreign joint ventures, Sino foreign cooperative ventures and foreign-funded operations.
The Detailed Rules pointed out that, according to Article 7 of the Regulations, if an Internet news information service unit cooperates with Chinese foreign equity joint ventures, Chinese foreign contractual joint ventures and foreign-funded enterprises at home and abroad in Internet news information service business, it should report to the State Internet Information Office for security assessment, and submit the information about the proposed cooperative enterprise and the proposed cooperative business. If the supervisory unit is the news and publicity department, it shall also submit the opinions of the supervisory unit on the business cooperation.
The Detailed Rules emphasize that if Internet news information service units cooperate with Chinese foreign joint ventures, Chinese foreign cooperative ventures and foreign-funded enterprises at home and abroad in Internet news information service business, which may cause Internet news information service units no longer meet the licensing conditions, they will not pass the security assessment.
According to the Detailed Rules, the Internet Information Offices of the state and provinces, autonomous regions, and municipalities directly under the Central Government shall, after receiving the application materials, deal with them according to the circumstances, including: if the application materials are complete and meet the requirements, they shall accept them; If the application materials are incomplete or do not meet the requirements, the applicant shall be informed on the spot or within five working days of the content that should be corrected or supplemented; If it is not necessary to obtain the Internet news information service license according to law, it will not be accepted, and the applicant will be informed immediately and the application materials will be returned; For applications that do not fall within the scope of authority, a decision to reject them shall be made immediately, and the applicant shall be informed to apply to the relevant administrative authorities.
The Detailed Rules specify that, according to Article 17 of the Regulations, Internet news information service providers shall apply to the original licensing authority for change procedures within seven working days from the date of change in the following matters: (1) change the articles of association, service sites, website names, access service providers and other matters; （2） Change the editor in chief, main person in charge, equity structure, Internet address and other matters, or go public, merge or split.
Where the change of the chief editor, the main person in charge, the equity structure, the Internet address and other matters, or the listing, merger, separation, resulting in the Internet news information service provider no longer meeting the licensing conditions, penalties shall be imposed in accordance with Article 23 of the Provisions.
According to the Detailed Rules, if the Internet news information service provider applies for handling the relevant change procedures, it shall submit the following materials to the original licensing authority: (1) Change application. Including the application for changes, reasons for changes, and other issues that need to be explained, and stamped with the official seal of the unit; （2） Materials for Change Matters. Submit specific explanations and supporting materials for the changes, including basic information of the changed personnel, qualification certificates, appointment and removal certificates, or the changed business license, company articles of association, lease contract, etc., and affix the official seal of the unit.
Among them, if it involves changing the equity structure, relevant equity materials should be provided. For those involving listing, specific implementation plans for listing activities, listing plans on the New Third Board, and relevant information on strategic investment institutions should also be provided.
The Detailed Rules specify that the term of validity of the Internet News Information Service License is three years. If it is necessary to continue to engage in Internet news information service activities after the expiration of the validity period, it shall apply to the original licensing authority for renewal according to the licensing procedures 30 days before the expiration of the validity period, and submit the application for renewal of the license and the original of the license. If the supervisory unit is the news and publicity department, the opinions of the supervisory unit should also be submitted. If the term of validity of the License for Internet News Information Service expires and the license is not renewed in accordance with the law, the Internet news information service shall not continue to be provided, and the original license shall be invalidated.
The relevant person in charge of the State Internet Information Office stressed that the issuance of the Detailed Rules is of great significance for strengthening the licensing management of Internet news information services and better serving administrative counterparts. Internet information offices at all levels should earnestly strengthen the responsibility of territorial management and carry out licensing management according to law. Internet news information service providers should strictly perform their main responsibilities, improve various rules and regulations, constantly strengthen the construction of the staff, and provide news information services according to law.
Responsible Editor: Cai Liyan