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Sunday, December 10, 2006

Measures for the Administration on the News and Information Release within the Territory of China by Foreign News Agencies

September 10, 2006
(issued by Xinhua News Agency on September 10, 2006)
Article 1 With a view to regulating the release of press information within China by foreign news agencies and the subscription of such press information by users within China and promoting the dissemination of press information in a sound and orderly manner, The present Measures are formulated in accordance with laws, administrative regulations of the state and the relevant regulations of the State Council.
Article 2 The present Measures shall apply to the release of press information in text, photo, graphics and other forms within China by foreign news agencies.
The foreign news agencies as mentioned in the present Measures shall include other foreign entities of the nature of a news agency that release press information.
Article 3 Xinhua News Agency exercises unified administration over the release of press information within China by foreign news agencies.
Article 4 In accordance with the Decision of the State Council on the Establishment of Administrative Licenses for Items Subject to Administrative Examination and Approval and That Need to Be Retained, the release of press information within China by foreign news agencies shall be subject to the approval of Xinhua News Agency, and there shall be entities designated by Xinhua News Agency to act as their agents (hereinafter referred to as designated entities). Foreign news agencies may not directly solicit subscription of their press information services in China.
Except the designated entities, no unit or individual may distribute press information of foreign news agencies or act as their agent.
Article 5 To apply for releasing press information within the territory of China, a foreign news agency shall satisfy the following requirements:
(1) being of corresponding and legal qualification at its home country or region;
(2) enjoying good credit in the field of press information release;
(3) having explicit scope of business;
(4) being of technological and transmitting means commensurate with its business; and
(5) other requirements as prescribed by laws and administrative regulations of China.
Article 6 For releasing press information within the territory of China, a foreign news agency shall submit a written application and the following materials to Xinhua News Agency:
(1) legal qualification certificates issued by the competent authorities of its home country or region;
(2) the good credit certificate issued by the relevant organization of its home country or region;
(3) a detailed list, explanation and samples of the press information to be released;
(4) an illustration on 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 releasing the press information within the territory of China shall satisfy the following requirements and submit a written application to Xinhua News Agency:
(1) being legally qualified;
(2) enjoying good credit in the field of press information distribution as an agent ;
(3) being of the service network and technological and transmitting means commensurate with its business; and
(4) other requirements as prescribed by laws and administrative regulations and rules of government departments.
Article 8 Xinhua News Agency shall, within 20 days as of the receipt of the application materials of a foreign news agency or to- be -designated entity, make a decision on whether or not to grant the application. If it decides to grant the application, it shall issue a document of approval; otherwise, it shall notify the applicant of the decision in writing and explain the reasons.
Article 9 Before releasing press information within the territory of China in light of 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 as of the day when the agreement is signed, submit the agreement to Xinhua News Agency for archiving.
Article 10 Where a foreign news agency alters its scope of business, transmitting means and etc., it shall apply to Xinhua News Agency for a new approval document.
Article 11 The press information released within the territory of China by foreign news agencies may not contain any of the following contents:
(1) violating the basic principles as prescribed in the Constitution of the People's Republic of China;
(2) undermining the national unity, sovereignty and territorial integrity of China;
(3) endangering the national security, reputation and interests of China;
(4) advocating cult and superstition in violation of the religious policies of China;
(5) inciting hatred and discrimination among ethnic groups, destroying their unity, infringing upon their customs and habits, or hurting their feelings;
(6) disseminating false information, disrupting the economic and social order of China, or undermining the social stability of China;
(7) propagating obscenity and violence, or abetting crimes;
(8) humiliating or slandering another person, or infringing upon the legitimate rights and interests of another person;
(9) undermining social ethics or the fine cultural traditions of the Chinese nation; or
(10) other contents banned by Chinese laws and administrative regulations.
Article 12 Xinhua News Agency shall have the right to select the press information released by foreign news agencies in China, and shall delete any material as described in Article 11 of the present Measures.
Article 13 To subscribe to press information services of foreign news agencies, a user in China shall sign a subscription agreement with the designated entity, and may not, by any means, directly subscribe to, translate, edit or publish the press information released by a foreign news agency.
When using press information from a foreign news agency, the user in China shall clearly indicate the sources and may not transfer in any form.
Article 14 Foreign news agencies and designated entities shall, within the prescribed time limit, submit reports to Xinhua News Agency each year respectively on their work in releasing press information and in acting as agents.
Xinhua News Agency may conduct examination and inspection on the reports. Only those agencies and entities that have passed the examination and inspection are permitted to continue their press information release and agency business.
Article 15 Where any unit or individual finds any act in violation of the present Measures, it (he) shall have the right to report it to Xinhua News Agency, which shall investigate and deal with the violation according to law.
Article 16 Where a foreign news agency violates the present Measures by one of the following means, Xinhua News Agency shall, in light of the ponderance of the case, give it a warning, order it to make corrections within a prescribed time limit, suspend its release of specified contents, suspend or cancel its qualification as a foreign news agency for releasing press information in China:
(1) releasing press information beyond the scope of business as approved in the approval document;
(2) directly soliciting subscription of press information services, or doing so in disguised form; or
(3) distributing press information which contains the contents described in Article 11 of the present Measures.
Article 17 Where a user in China violates the provisions of the present Measures and is under any of the following circumstances, Xinhua News Agency shall, in light of the ponderance of the case, give it a warning, order it to make corrections within a prescribed time limit or order the designated entities to suspend or rescind the subscription agreement:
(1) using the press information from a foreign news agency beyond the scope as prescribed by the subscription agreement;
(2) transferring to another party the press information from a foreign news agency that it has subscribed to; or
(3) failing to clearly indicate the sources when using press information from a foreign news agency.
Article 18 Where a unit or individual violates the provisions of the present Measures and is under any of the following circumstances, Xinhua News Agency shall submit a proposal to the relevant departments of the State Council to impose an administrative penalty upon it (him) according to law:
(1) releasing press information without the approval of Xinhua News Agency or subscribing to press information of a foreign news agency beyond the entity designated by Xinhua News Agency;
(2) distributing press information of a foreign news agency or acting as its agent without approval; or
(3) directly translating, editing or publishing press information of a foreign news agency without approval.
Article 19 Where a designated entity, in violation of the provisions of the present Measures, acts as an agent for distribution of the press information of a foreign news agency that has not obtained the approval of Xinhua News Agency, Xinhua News Agency shall order it to make corrections, and disciplinary penalties shall be imposed upon the persons directly in charge and other directly responsible persons.
Article 20 Where a staff member of Xinhua News Agency commits one of the following acts, Xinhua News Agency shall impose upon him a disciplinary penalty:
(1) issuing the approval document to an applicant that does not satisfy the requirements as specified in the present Measures;
(2) failing to fulfill his duties of supervision and administration according to law;
(3) failing to investigate and deal with the violations of law upon receiving reports thereon; or
(4) abusing his powers, neglecting his duties, or engaging in malpractices for personal gains and etc.
Article 21 The present Measures shall be referred to for the release of press information within the mainland by news agencies and other press information releasing entities of the nature of a news agency in Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan Region.
Article 22 The present Measures shall come into force as of the day of its promulgation. The Measures for the Administration over Economic Information Publication in China by Foreign News Agencies and Their Information Subsidiaries, promulgated by Xinhua News Agency on April 15, 1996, is abolished simultaneously.


Xinhua News Agency 2006-09-10
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