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Article 1. These Measures are formulated in accordance with
national laws, administrative regulations and the relevant
regulations of the State Council to regulate the release of news
and information in China by foreign news agencies and the
subscription of such news and information by users in China and to
promote the dissemination of news and information in a sound and
orderly manner.
Article 2. These Measures shall be applicable to the release of
news and information in text, photo, graphics and other forms in
China by foreign news agencies.? For the purposes of these
Measures, foreign news agencies include other foreign entities of
the nature of a news agency that release news and information
products.
Article 3. Xinhua News Agency exercises unified administration
over the release of news and information in China by foreign news
agencies.
Article 4. According to the Decision of the State Council on
Establishment of Administrative Licenses for Items Subject to
Administrative Examination and Approval That Need to Be Retained,
for releasing their news and information in China, foreign news
agencies shall be subject to approval by Xinhua News Agency and
shall have entities designated by Xinhua News Agency act as their
agents (hereinafter referred to as designated entities). Foreign
news agencies shall not directly solicit subscription of their news
and information services in China.? Except the designated
entities, no unit or individual shall distribute news and
information of foreign news agencies or act as their agents.
Article 5. To apply for releasing news and information in China,
a foreign news agency shall meet the following
requirements:?(1) Being legally qualified in its home country
or region;? (2) Enjoying good credit in the field of news and
information release;? (3) Having an explicit scope of
business;? (4) Possessing the technological and transmitting
means commensurate with its business; and? (5) Other
requirements as prescribed by Chinese laws and administrative
regulations.
Article 6. For releasing news and information in China, a
foreign news agency shall submit a written application and the
following materials to Xinhua News Agency:? (1) Legal
credentials issued by the competent authorities of its home country
or region;? (2) Its records of good credit issued by the
relevant organization of its home country or region;? (3) A
detailed list, explanation and samples of the news and information
release;? (4) An illustration of its transmitting means;
and? (5) Other materials as specified by Xinhua News
Agency.
Article 7. An entity to be designated as an agent of a foreign
news agency for the distribution of news and information in China
shall meet the following requirements and submit a written
application to Xinhua News Agency: (1) Being legally
qualified;? (2) Enjoying good credit in acting as an agent for
news and information distribution;? (3) Possessing the service
network and transmitting means commensurate with its business;
and? (4) Other requirements as prescribed by Chinese laws and
administrative regulations and rules of government departments.
Article 8. Xinhua News Agency shall, within 20 days from the
date it receives the written application of a foreign news agency
or designated entity, make a decision on whether to grant or not to
grant the application. If it decides to grant the application, it
shall issue the document of approval; otherwise, it shall notify
the applicant of the decision in writing and explain
the reasons.
Article 9. Before releasing news and information in China in
accordance with the scope of business approved in the approval
document, a foreign news agency shall sign an agency agreement with
the designated entity, and within 15 days from the date of the
agreement signed, submit the agreement to Xinhua News Agency for
the record.
Article 10. Before altering its scope of business, transmitting
means, etc., a foreign news agency shall apply anew to Xinhua News
Agency for an approval document.
Article 11. News and information released in China by foreign
news agencies shall not contain any of the following that serves
to:? (1) Violate the basic principles enshrined in the
Constitution of the People's Republic of China;? (2) Undermine
China's national unification, sovereignty and territorial
integrity;? (3) Endanger China's national security, reputation
and interests;? (4) Violate China's religious policies or
preach evil cults or superstition;? (5) Incite hatred and
discrimination among ethnic groups, undermine their unity, infringe
upon their customs and habits, or hurt their feelings;? (6)
Spread false information, disrupt China's economic and social
order, or undermine China's social stability;? (7) Propagate
obscenity and violence, or abet crimes;? (8) Humiliate or
slander another person, or infringe upon the legitimate rights and
interests of another person;? (9) Undermine social ethics or
the fine cultural traditions of the Chinese nation; and? (10)
Include other content banned by Chinese laws and administrative
regulations.
Article 12. Xinhua News Agency has the right to select the news
and information released by foreign news agencies in China and
shall delete any content as specified in Article 11 of these
Measures.
Article 13. To subscribe to news and information services of
foreign news agencies, a user in China shall sign a subscription
agreement with a designated entity and shall not, by any means,
directly subscribe to, translate, edit or publish the news and
information released by a foreign news agency.? In using news
and information from a foreign news agency, the user in China shall
clearly indicate the sources and shall not transfer them to another
party in any form.
Article 14. Foreign news agencies and designated entities shall,
within the prescribed time limit, submit reports each year to
Xinhua News Agency on their work in releasing news and information
and in acting as agents respectively.? Xinhua News Agency may
conduct examination and inspection on the basis of what is
reported. Only those agencies and entities that have passed the
examination and inspection are permitted to continue their news and
information release and agency business.
Article 15. Any unit or individual has the right to report to
Xinhua News Agency any violation of these Measures. And Xinhua News
Agency shall investigate and deal with the violation according to
law.
Article 16. Where a foreign news agency violates the Measures in
one of the following manners, Xinhua News Agency shall give it a
warning, demand rectification within a prescribed time limit,
suspend its release of specified content, suspend or cancel its
qualifications of a foreign news agency for releasing news and
information in China, on the merits of each case:? (1)
Releasing news and information beyond the scope of business as
approved in the approval document;? (2) Directly soliciting
subscription of news and information services, or doing so in
disguised form; and? (3) Distributing news and information
which contains the contents specified in Article 11 of these
Measures.
Article 17. Where a user in China violates the provisions of
these Measures in one of the following manners, Xinhua News Agency
shall give it a warning, demand rectification within a prescribed
time limit or order the designated entities to suspend or rescind
the subscription agreement, on the merits of each case:? (1)
Using the news and information from a foreign news agency beyond
the scope as prescribed by the subscription agreement;? (2)
Transferring to another party news and information from a foreign
news agency that it has subscribed to; and? (3) Failing to
indicate the sources clearly when using news and information from a
foreign news agency.
Article 18. Where a unit or individual violates the provisions
of these Measures in one of the following manners, Xinhua News
Agency shall submit a proposal to the relevant department of the
State Council to impose an administrative penalty according to
law:? (1) Releasing news and information without approval by
Xinhua News Agency or subscribing to news and information of a
foreign news agency without going through the entity designated by
Xinhua News Agency;? (2) Distributing news and information of
a foreign news agency or acting as its agent without approval;
and? (3) Directly translating, editing or publishing news and
information of a foreign news agency without approval.
Article 19. Where a designated entity, in violation of the
provisions of these Measures, acts as an agent for distribution of
the news and information of a foreign news agency that has not
obtained approval of Xinhua News Agency, Xinhua News Agency shall
order it to rectify, and disciplinary penalties shall be imposed on
the persons directly in charge and the other persons directly
responsible.
Article 20. Where a staff member of Xinhua News Agency commits
one of the following acts, Xinhua News Agency shall impose on him a
disciplinary penalty:? (1) Issuing approval document to an
applicant that does not meet the requirements specified in these
Measures;? (2) Failing to perform the duties of supervision
and administration in accordance with law;? (3) Failing to
investigate and deal with violations of law upon receiving reports
thereon; and? (4) Abusing powers, neglecting duties, or
engaging in malpractices for personal gain, etc.
Article 21. These Measures shall be applied mutatis mutandis to
the release of news and information on the mainland by news
agencies and other news and information releasing entities of the
nature of a news agency in the Hong Kong Special Administrative
Region, Macao Special Administrative Region and Taiwan.
Article 22. These Measures shall go into effect as of the date
of promulgation. The Methods for the Exercise of Administration
over Publication in China of Economic Information by Foreign News
Agencies and Their Information Subsidiaries, promulgated by Xinhua
News Agency on April 15, 1996, are repealed simultaneously.
(China.org.cn)
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