Internet Censorship in The People's Republic of China - Legislative Basis

Legislative Basis

The government of the PRC defends its right to censor the internet by claiming that the country has the right to govern the internet according to its own rules inside its borders. The white paper, released in June 2010, called the internet “a crystallization of human wisdom.” But in the document the government lays out some of the reasons why its citizens cannot get access to all of that wisdom. It says it wants to curb the harmful effects of illegal information on state security, public interests and children. “Laws and regulations clearly prohibit the spread of information that contains content subverting state power, undermining national unity infringing upon national honor and interests,” it says. Another section of the same white paper reaffirms the government's determination to govern the internet within its borders according to its own rules. "Within Chinese territory the internet is under the jurisdiction of Chinese sovereignty. The internet sovereignty of China should be respected and protected," it says. It adds that foreign individuals and firms can use the internet in China, but they must abide by the country's laws.

The central government of China started its Internet censorship with three regulations. The first regulation was called the Temporary Regulation for the Management of Computer Information Network International Connection. The regulation was passed in the 42nd Standing Convention of the State Council on 23 January 1996. It was formally announced on 1 February 1996, and updated again on the 20th of May 1997. The content of the first regulation states requires that Internet service providers be licensed and that Internet traffic go through ChinaNet, GBNet, CERNET or CSTNET. The second regulation was the Ordinance for Security Protection of Computer Information Systems. It was issued on 18 February 1994 by the State Council to give the responsibility of Internet security protection to the Ministry of Public Security.

The Ordinance regulation further led to the Security Management Procedures in Internet Accessing issued by the Ministry of Public Security in December 1997. The regulation defines "harmful information" and "harmful activities" regarding internet usage. Section Five of the Computer Information Network and Internet Security, Protection, and Management Regulations approved by the State Council on 11 December 1997 states the following:

No unit or individual may use the Internet to create, replicate, retrieve, or transmit the following kinds of information:

1. Inciting to resist or breaking the Constitution or laws or the implementation of administrative regulations;
2. Inciting to overthrow the government or the socialist system;
3. Inciting division of the country, harming national unification;
4. Inciting hatred or discrimination among nationalities or harming the unity of the nationalities;
5. Making falsehoods or distorting the truth, spreading rumors, destroying the order of society;
6. Promoting feudal superstitions, sexually suggestive material, gambling, violence, murder;
7. Terrorism or inciting others to criminal activity; openly insulting other people or distorting the truth to slander people;
8. Injuring the reputation of state organizations;
9. Other activities against the Constitution, laws or administrative regulations.

In September 2000, State Council Order No. 292 created the first content restrictions for internet content providers. China-based Web sites cannot link to overseas news Web sites or distribute news from overseas media without separate approval. Only “licensed print publishers” have the authority to deliver news online. Non-licensed Web sites that wish to broadcast news may only publish information already released publicly by other news media. These sites must obtain approval from state information offices and from the State Council Information Agency. Article 11 of this order mentions that “content providers are responsible for ensuring the legality of any information disseminated through their services”. Article 14 gives government officials full access to any kind of sensitive information they wish from providers of internet services.