Business Overview
Regulation of Internet Drug Information Service products, performances of plays or programs, works
The State Food and Drug Administration, or the SFDA,
the predecessor of the National Medical Products
Administration, promulgated the Administrative
Measures on Internet Drug Information Service in July
2004 and further amended the same in November
2017. Since the promulgation of the Administrative
Measures on Internet Drug Information Service,
the SFDA had issued certain implementing rules
and notices aimed at adding specificity to these
regulations. These measures set out regulations
governing the classification, application, approval,
content, qualifications and requirements for Internet
drug information services. An ICP service operator
that provides information regarding drugs or medical
equipment must obtain an Internet Drug Information
Service Qualification Certificate from the applicable
provincial level counterpart of the National Medical
Products Administration.
Regulation of Internet News Information Services
On May 2, 2017, the Cyberspace Administration
issued the Administrative Provisions on Internet News
Information Services, which came into effect on June
1, 2017 and define news information as reports
and commentary on political, economic, military,
diplomatic and other social and public affairs, as well
as reports and commentary on emergency social
events. Pursuant to these provisions, the Cyberspace
Administration and its local counterparts replaced
the PRC State Council Information Office as the
government department in charge of supervision
and administration of Internet news information.
Furthermore, an ICP operator must obtain approval
from the Cyberspace Administration in order to provide
Internet news information services, including through
websites, applications, forums, blogs, microblogs,
public accounts, instant messaging tools, and
webcasts.
Regulation of Internet Culture Activities
On February 17, 2011, the Ministry of Culture, the
predecessor of the Ministry of Culture and Tourism,
promulgated the Internet Culture Administration
Tentative Measures, or the Internet Culture Measures,
which was most recently amended in December 2017.
The Internet Culture Measures require ICP operators
engaging in “Internet culture activities” to obtain a
permit from the Ministry of Culture and Tourism. The
term “Internet culture activities” includes, among
other things, online dissemination of Internet cultural
products (such as audio-video products, gaming
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of art and cartoons) and the production, reproduction,
importation, publication and broadcasting of Internet
cultural products.
On August 12, 2013, the Ministry of Culture
promulgated the Notice on Implementing
the Administrative Measures for the Content
Self-examination of Internet Culture Business Entities.
According to this notice, any cultural product or
service shall be reviewed by the provider before being
released to the public and the review process shall
be done by persons who have obtained the relevant
content review certificate.
On October 23, 2015, the Ministry of Culture
promulgated the Notice on Further Strengthening
and Improving the Content Review of Online Music,
which took effect on January 1, 2016 and stipulated
that ICPs shall carry out self-examination in respect
of the content management of online music, which
shall be regulated by the cultural administration
departments in process or afterwards. According to
this notice, ICP operators are required to submit their
content administrative system, review procedures, and
work standards to the provincial culture administrative
department where they are located for filing within a
prescribed period.
Regulation of Producing Audio/Video Programs
On July 19, 2004, the SARFT promulgated the
Administrative Measures on the Production and
Operation of Radio and Television Programs, effective
as of August 20, 2004 and most recently amended
on December 1, 2020. These Measures provide that
anyone who wishes to produce or operate radio or
television programs must first obtain an operating
permit for their business.
On December 25, 2001, the PRC State Council
promulgated the Regulations for the Administration
of Films, or the Film Regulations, which became
effective on February 1, 2002. The Film Regulations
set forth the general regulatory guidelines for China’s
film industry and address practical issues with
respect to production, censorship, distribution and
screening. They also establish the SARFT as the sector’s
regulatory authority, and serve as the foundation
for all other legislation promulgated in this area.
The Film Regulations provide the framework for an
industry-wide licensing system operated by the SARFT,
under which separate permits (and permit application
procedures) apply.