Order of the General Administration of Press and Publication
(No.32)
The Provisions on the Administration of Newspaper Publication, which were adopted at the first executive meeting of the General Administration of Press and Publication on September 20, 2005, are hereby promulgated, and shall come into force as of December 1st, 2005.
Direct General of the General Administration of Press and Publication: Shi Zongyuan
September 30, 2005
Provisions on the Administration of Newspaper Publication
Chapter I General Provisions
Article 1 The present Provisions are formulated in accordance with the Regulation on the Administration of Publication of the State Council and the relevant laws and regulations for the purpose of promoting the development and flourishing of the newspaper industry of our country, regulating the activities of newspaper publication and strengthening the administration of newspaper publication.
Article 2 The present Provisions shall be applicable to the undertaking of newspaper publication activities within the territory of the People’s Republic of China.
Newspapers shall be published by the lawfully established newspaper publication entities. A newspaper publication entity shall, when publishing any newspaper, be subject to the approval of the General Administration of Press and Publication (hereinafter referred to as the GAPP), hold a CN Serial Number and obtain a License for Newspaper Publication.
The term “newspaper” as mentioned in the present Provisions shall refer to an unbound serial publication that have fixed name, publication period and edition, and whose main contents focus on news and current affairs review, and must be published at least once a week.
The newspaper publication entities as mentioned in the present Provisions shall refer to the newspaper offices that are established according to the relevant state provisions and are approved by the General Administration of Press and Publication and have gone through the formalities for registration. If any legal person does not establish a newspaper office when publishing newspapers, the editors department established it establishes shall be regarded as the newspaper publication entity.
Article 3 In the publication of newspapers, we shall stick to Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, and the important thought of the “Three Represents”, adhere to the correct guiding role of the mass media and orientation of publication, and follow the principles of putting the social benefit in the first place, unifying social benefits and economic benefit, and be close to the reality, to the mass people, and to life, so as to create a desired atmosphere for building the socialism with the Chinese characteristics, and enrich the spiritual and cultural life of the mass people.
Article 4 The GAPP shall take charge of supervision and administration of the newspaper publication activities countrywide, formulate and implement the plan for the total volume, structure and arrangement of the newspaper publication countrywide, and establish and prefect the comprehensive assessment system on the quality of newspaper publication, newspaper annual checking system and the mechanism for withdrawal of newspaper publication and other supervision and management system.
The local administrative departments of press and publication at all levels shall be responsible for the work of supervision and administration of newspaper publication activities within their own administrative regions.
Article 5 A newspaper publication entity shall be responsible for the editing and publishing of newspapers and other newspaper publication activities.
The lawful publication activities of a newspaper publication entity shall be protected by law. No organization or individual may illegally disturb, obstruct, or destruct the publication of any newspaper.
Article 6 The GAPP shall reward the newspaper publication entities and individuals that have made great contributions to the flourishing and development of the newspaper industry of our country.
Article 7 The public organization in the newspaper publication industry shall implement self-disciplinary management according to its articles of association and under the guidance of the administrative department of press and publication.
Chapter II Starting a Newspaper and Establishing a Newspaper Publication Entity
Article 8 The following conditions shall be met for starting a newspaper and establishing a newspaper publication entity:
1. Having a fixed name that doesn’t conflict with that of any existing newspaper;
2. Having a name for the newspaper publication entity and articles of associations thereof;
3. Having the competent entity in charge and the sponsor that comply with the conditions as determined by the GAPP;
4. Having a clear scope of business for newspaper publication;
5. Having a registered capital of more than RMB 300,000 Yuan;
6. Having an organization that meets the need of the business scope and the news gathering and editing professionals who comply with the qualification conditions as prescribed by the state;
7. Having a fixed work place that is situated in the same administrative district with the sponsor;
8. Having a legal representative or person in charge that complies with the provisions, and the legal representative or the person in charge shall be the Chinese citizen who lives permanently within the territory of China; and
9. Other conditions as prescribed by laws and administrative regulations.
Apart from the conditions as listed in the preceding paragraph, it shall also comply with the plan of the state on the total volume, structure and arrangement for the newspapers and the newspaper publication entities.
Article 9 Where an entity of the Central Government in Beijing that starts a newspaper and establishes a newspaper publication entity, the sponsor shall report it to the GAPP for examination and approval after it has been approved by the competent entity in charge.
In case the Chinese People’s Liberation Army or the Chinese People’s Armed Police Troops starts any newspaper and establishes any newspaper publication entity, it shall be reported to the GAPP for examination and approval after being examined and approved by the press and publication bureau of the publicity department of the General Political Department of the Chinese People’s Liberation Army.
Where any other entity starts a newspaper or establishes a newspaper publication entity, the sponsor shall file an application to the administrative department of press and publication at the province, autonomous region, or municipality directly under the Central Government at the place where it is located after being approved by the competent entity in charge, and the administrative department of press and publication of the province, autonomous region, or municipality directly under the Central Government shall report to the GAPP for examination and approval after it has made examination and approved it.
Article 10 In case more than two sponsors run a newspaper, a main sponsor shall be determined, and the application shall be filed by the main sponsor.
The main sponsor of a newspaper shall be the subordinate entity of its competent entity in charge. The newspaper publication entity and the main sponsor shall be situated in the same administrative district.
Article 11 When starting a newspaper and establishing a newspaper publication entity, the sponsor of the newspaper publication entity shall file an application and submit the following materials:
1. The Application Letter for Newspaper Publication, which is filled in as required;
2. The relevant qualification certificate materials of the sponsor and the competent entity in charge;
3. The resume, identity certificate documents of the to-be-appointed legal representative or person in charge of the newspaper publication entity and the professional qualification certificate issued by the relevant departments of the state;
4. The professional qualification certificate of the news gathering and editing personnel;
5. The relevant certificate documents of the sources and amount of capital for running the newspaper by the newspaper publication entity;
6. The articles of association of the newspaper publication entity;
7. The certificate for the use of work place; and
8. The feasibility research report on the newspaper publication.
Article 12 The GAPP shall, within 90 days from the day of receiving the application for starting a newspaper or establishing a newspaper publication entity, make a decision on granting approval or not, and the administrative department of press and publication of the province, autonomous region, and municipality directly under the Central Government shall notify the sponsor directly. If it does not grant approval, it shall explain the reasons.
Article 13 A sponsor of a newspaper shall go through registration formalities within 60 days from the day of receiving the decision of the GAPP on approval:
1. It shall obtain and fill in the Registration Form for Newspaper Publication at the administrative department of press and publication of the province, autonomous region, or municipality directly under the Central Government at the place where it is located upon the strength of the document of approval, and after the competent entity has made examination, signed and sealed the Form, it shall report to the administrative department of press and publication of the province, autonomous region, or municipality directly under the Central Government at its locality.
2. The Registration Form for Newspaper Publication shall be in quintuplicate, the newspaper publication entity, the sponsor, the competent entity in charge and the administrative department of press and publication of the province, autonomous region, or municipality directly under the Central Government shall each keep one copy, another copy shall be submitted to the GAPP for archival filing by the administrative department of press and publication at the province, autonomous region, or municipality directly under the Central Government within 15 days;
3. The administrative department of press and publication at the province, autonomous region, or municipality directly under the Central Government shall, after making examination on the Registration Form for Newspaper Publication and finding no mistake, issue the License for Newspaper Publication to the sponsor within 10 days, and shall compile it into the CN Serial Numbering; and
4. The newspaper publication entity shall go through registration formalities at the administrative department of industry and commerce upon the strength of the License for Newspaper Publication, and obtain the business license according to law.
Article 14 If any newspaper sponsor fails to go through registration formalities within 60 days from the day of receiving the document of approval of the GAPP, the document of approval shall be invalidated automatically, and the registration organ may not accept the registration, the newspaper sponsor shall return the relevant documents of approval to the GAPP.
If a newspaper publication entity fails to publish newspapers within 90 days from the day of registration, the GAPP shall revoke its License for Newspaper Publication, and the administrative department of press and publication where it made its registration shall write off its registration.
In case any of the aforesaid circumstances occurs due to force majeure or other justifiable reasons, the sponsor of the newspaper publication entity may apply for extension to the administrative department of press and publication where it made registration.
Article 15 A newspaper office shall meet the conditions of a legal person and obtain the legal person qualification after verification and registration, and shall undertake civil liabilities independently with all its legal person property.
The editors department of a newspaper office does not have the qualification of a legal person, and its civil liabilities shall be borne by its sponsor.
Article 16 In case any newspaper publication entity alters its name, merges or divides, or alters its capital structure, as well as publishes any new newspaper, it shall go through the formalities for examination, approval and registration according to the provisions of Articles 9 through 13 of the present Provisions.
Article 17 In case there is any alteration in the name, sponsor, competent entity in charge, publication period, or business scope of a newspaper, the formalities for examination, approval and registration shall be gone through in accordance with the provisions of Articles 9 through 13 of the present Provisions.
Where the publication period of a newspaper is altered, the GAPP may entrust the administrative department of press and publication of the competent province, autonomous region, or municipality directly under the Central Government to make examination and approval.
The business scope as mentioned in the present Provisions shall include the tenet of running the newspaper and the language to be used.
Article 18 Where the size or any section of a newspaper is altered, the newspaper publication entity shall report it to the administrative department of press and publication of the province, autonomous region, or municipality directly under the Central Government at the place where it is located for approval after the sponsor has made examination on it and granted approval thereto.
Article 19 In case any newspaper publication entity alters its address, legal representative or the person in charge, or the entity undertaking the printing of the newspaper, it shall, after being examined and approved by the sponsor, put on archives at the administrative department of press and publication of the province, autonomous region, or municipality directly under the Central Government at the place where it is located within 15 days.
Article 20 In case the publication of any newspaper is stopped for more than ten days consecutively, the newspaper publication entity shall go through archival filing formalities for stopping the publication at the administrative department of press and publication of the province, autonomous region, or municipality directly under the Central Government at the place where it is located, and explain the reasons and the time limit for stopping the publication.
The time for stopping the publication of any newspaper shall not exceed 180 days. If any newspaper cannot be published normally exceeding 180 days after being stopped publication, the GAPP shall revoke its License for Newspaper Publication, and the administrative department of press and publication of the province, autonomous region, or municipality directly under the Central Government at the place where it is located shall revoke its registration.
Article 21 In case any newspaper publication entity terminates its publication activities, and after being approved by the competent entity in charge, the sponsor shall go through deregistration formalities at the administrative department of press and publication of the province, autonomous region, or municipality directly under the Central Government at the place where it is located, and the said department shall report it to the GAPP for archival filing.
Article 22 With regard to the deregistration of any newspaper, a newspaper publication entity that is established in the same name shall be revoked with the newspaper simultaneously, and shall go through deregistration formalities at the administrative department of industry and commerce where it was registered.
Any deregistered newspaper or any newspaper publication entity shall not carry out any publication or operation activities in its name any longer.
Article 23 The establishment of newspaper industrial groups by any newspaper publication entity under the Central Government shall be subject to the approval of the GAPP; the establishment of newspaper industrial groups by any local newspaper publication entity shall be reported to the GAPP for approval after the entity has filed an application to the administrative department of press and publication of the province, autonomous region, or municipality directly under the Central Government at the place where it is located and is examined and approved.
Chapter III Publication of Newspapers
Article 24 The editor responsibility system shall be applied to the newspaper publication so as to ensure that the contents published by the newspapers comply with the provisions of state laws and regulations.
Article 25 No newspaper may publish any contents that are prohibited by the Regulation on the Administration of Publication and by any other relevant law, regulation, or state provision.
Article 26 The principle of truthfulness, completeness, objectiveness and justness shall be adhered to when a newspaper makes news reports, and no report that is false or inconsistent with the facts may be published.
In case any false or untruthful report is published on any newspaper, which results in the infringement of the lawful rights and interests of any citizen, legal person or any other organization, the newspaper publication entity shall make a public correction, eliminate the bad influence and shall undertake corresponding civil liabilities according to law.
In case any false or untruthful report is published on any newspaper, which results in the infringement of the lawful rights and interests of any citizen, legal person or any other organization, the parties concerned shall have the right to request it to correct or give a reply, and the newspaper shall publish a correction or reply; if it refuses to publish, the parties concerned may bring a lawsuit to the people’s court.
The correction or reply published by a newspaper due to its publication of any false or untruthful report shall be made at the same section and position of the newspaper closest to the day when the false or untruthful report is discovered or when the parties so request.
In case any newspaper publishes any false or untruthful report, which does harm to the public interests, the GAPP or the administrative department of press and publication of the province, autonomous region, or municipality directly under the Central Government may order the newspaper publication entity to correct.
Article 27 A newspaper shall strictly observe the relevant provisions when it publishes or publishes excerpts of such contents concerning major national policies, ethnic groups, religion, foreign affairs, military affairs, confidentiality, and etc..
When a newspaper republishes or publishes excerpts of any contents from the internet, it shall make verification on the contents according to the relevant provisions, and shall indicate the website address and the date of downloading the documents in the eye-catching place of the publication.
Article 28 A newspaper shall publish the true name of the author when it releases a news report.
Article 29 The newspaper publication quality shall comply with national standard and industrial standard. The language used by a newspaper shall comply with the relevant state provisions.
Article 30 The newspaper publication shall comply with the registration items in the License for Newspaper Publication, the formalities for examination and approval or archival filing shall be handled in accordance with the present Provisions for the alteration of registered items.
Article 31 A newspaper shall indicate the following edition records in a fixed place of each issue when it is published:
1. Name of the newspaper;
2. Name of the newspaper publication entity, sponsor or the competent entity in charge;
3. CN Serial Numbering;
4. Name of the chief editor (or director general);
5. Date of publication, total number of publications, number and order of pages;
6. Address, telephone number and postal code of the newspaper publication entity;
7. Pricing of the newspaper (an extra of the newspaper shall be indicated with the expression “complimentary issue”);
8. Name and address of the printing entity;
9. Number of the license for operation of advertisements; and
10. Other marks involving public interests or industrial standards as prescribed by the state.
Article 32 One CN Serial Number may be used for the publication of one newspaper only, and no one may use the same one CN Serial Number to publish different editions of a newspaper.
For the publication of a local edition of a newspaper, an edition published in a language of a minority ethnic group, a foreign language edition, and a newspaper with different editions or language, the formalities for examination and approval shall be handled in light of those for running a new newspaper.
Article 33 No one may publish the same one newspaper in different sizes.
All the sections and pages of a newspaper shall be published and distributed as a whole, and no section or page may be distributed separately.
Article 34 The contents of a special edition or special publication of a newspaper shall be consistent with the tenet and business scope of the newspaper, the letter of the masthead of the special edition or the special publication shall not be more conspicuous than the name of the newspaper.
Article 35 An additional issue of a newspaper may be published in addition to the normal ones. The formalities for examination and approval shall be handled for the publication of an additional issue by reference to that of altering the number of issues.
The contents of an additional issue shall be consistent with the business scope of the newspaper; the size, language, scope of distribution, and impression of the additional publication period shall be consistent with the major newspaper, and shall be distributed along with the major newspaper.
Article 36 A newspaper publication entity may publish an extra issue of the newspaper in case of any great event; the letter “Extra” shall be indicated in the masthead of the newspaper when publishing an extra issue of the newspaper, and the publication of an extra issue of a newspaper shall not exceed three consecutive days.
A newspaper publication entity shall, within 15 days after an extra issue of a newspaper is published, put on archives at the administrative department of press and publication of the province, autonomous region or municipality directly under the Central Government at the place where it is located, and submit all the samples of the extra of the newspaper.
Article 37 No newspaper publication entity may sell, lease, or transfer the name of its own entity or its serial number, name or section of the newspaper it publishes, nor shall it lend, transfer, lease or sell its License for Newspaper Publication.
Article 38 A newspaper shall mark the word “advertisement” in an eye-catching place when it publishes any advertisement, and shall not publish any advertisement in news form.
A newspaper publication entity shall, when publishing any advertisement, check the relevant certificate documents and verify the contents of the advertisement according to laws and administrative regulations, it shall not publish any harmful or false advertisement and other illegal advertisements.
The advertisement operators of a newspaper shall carry out advertisement operations and agency business within the lawfully authorized scope, and shall not take part in the interview and editing of the newspaper and other publication activities.
Article 39 No newspaper publication entity may publish any paid news releases of any form in the newspaper.
No newspaper publication entity or any of its personnel may seek illegal interests by making use of news report, or figure for or accept the property or other interests of the interviewees and the interested party thereof.
Article 40 The news gathering and editing business of a newspaper shall be strictly separated from its operation business.
The department of news gathering and editing business and the personnel thereof shall not undertake newspaper distribution and advertisement and other operating activities; the operation department and the personnel thereof shall not intervene in the news gathering and editing business.
Article 41 A news gathering and editing staff member of a newspaper publication entity shall hold a press card uniformly issued by the GAPP when undertaking news gathering activities, and shall abide by the relevant provisions of the Measures for the Administration of Press Cards of the GAPP.
Article 42 A newspaper publication entity may, upon the need of the news gathering work, and according to the Measures for the Administration of Newspaper Offices and Correspondents’ Stations of the GAPP, set up correspondents’ stations to carry out news business activities.
Article 43 No newspaper publication entity may carry out any operation activity by any unfair competition act or way, or distribute newspapers through apportions by making use of its power.
Article 44 A newspaper publication entity shall abide by the state statistical laws and regulations and submit the statistical materials to the administrative department of press and publication according to law.
A newspaper publication entity shall cooperate with the data investigation organ for distribution of publications as determined by the state to make investigation into the circulation of the newspaper and provide truthful data of newspaper circulation.
Article 45 A newspaper publication entity shall turn over the samples of a newspaper to the National Library of China, Chinese Edition Library and the GAPP as well as the administrative department of press and publication of the province, autonomous region, and municipality directly under the Central Government at the place where it is located in light of the relevant state provisions.
Chapter IV Supervision and Administration
Article 46 The territorial principle shall apply to the supervision and administration of the newspaper publication activities.
The administrative department of press and publication of a province, autonomous region, and municipality directly under the Central Government shall be responsible for the work of registration, annual checking, quality assessment, and administrative penalties of the newspapers and the newspaper publication entities within its own administrative district, and shall make supervision and administration on the newspaper publication activities within its own administrative district.
Other local administrative departments of press and publication shall make supervision and administration on the newspaper publication entities and the newspaper publication activities thereof within their own administrative districts according to law.
Article 47 The newspaper publication administration shall implement the system of follow-up proofreading on newspaper publication, system of assessment on newspaper publication quality, system of annual checking on newspaper publication, and the system of management on the qualification of newspaper publication practitioners.
A newspaper publication entity shall, according to the provisions of the GAPP, propose a written report on its undertaking of newspaper publication activities to the administrative department of press and publication.
Article 48 The GAPP shall be responsible for the work of proofreading of national newspapers. The local administrative department of press and publication at all levels shall be responsible for proofreading the newspapers published within their own administrative districts. The administrative department of press and publication at the lower level shall submit the proofreading report periodically to the upper level administrative department of press and publication.
A competent entity in charge shall make proofreading on the newspapers under its control, and shall submit the proofreading reports to the administrative department of press and publication at its locality periodically.
A newspaper publication entity shall set up a newspaper review system, and write reviews periodically. The administrative department of press and publication may, where the administrative work so requires, pick up and inspect the reviews of the newspaper publication entities at any time.
Article 49 The GAPP shall formulate the standard system for comprehensive assessment on newspaper publication quality and make overall assessment on the quality of newspaper publications.
If, after comprehensive assessment on newspaper publication quality, the quality of any newspaper publication does not reach the prescribed standard or the normal publication activities cannot be sustained, the GAPP shall revoke the License for Newspaper Publication, and the administrative department of press and publication at the province, autonomous region, or municipality directly under the Central Government at the place where the newspaper is located shall write off its registration.
Article 50 The administrative department of press and publication at a province, autonomous region, or municipality directly under the Central Government shall be responsible for conducting annual checks on the newspaper publication entities within its own administrative division. The contents of annual check shall include the registration items of the newspaper publication entities and the newspapers they have published, the publication quality, conditions on observance of laws and disciplines, and the administration on press cards and the correspondents’ stations, and etc..
Article 51 The following procedures shall be followed in the annual checks:
1. A newspaper publication entity shall bring forward an annual self-inspection report, fill in the Form of Annual Check on Newspaper Publication uniformly printed by the GAPP, and after the sponsor and the competent entity in charge of the newspaper have made examination and sealed on them, it shall report them and the 30 publication sample newspapers which are published consecutively before the date of check to the administrative department of press and publication at the province, autonomous region, or municipality directly under the Central Government at the place where it is located within a prescribed time;
2. The administrative department of press and publication at the province, autonomous region, or municipality directly under the Central Government shall make examination and check on the self-inspection report of a newspaper publication entity, the Form of Annual Check on Newspaper Publication, and other materials submitted for examination;
3. Where a newspaper is found upon check to comply with the prescribed standard, the administrative department of press and publication at the province, autonomous region, or municipality directly under the Central Government shall annex the seal of annual check on the License for Newspaper Publication; and the annexing of the annual checking seal on the License for Newspaper Publication shall be deemed as the newspaper publication entity has passed the annual check, and it may continue undertaking newspaper publication activities; and
4. The administrative department of press and publication of the province, autonomous region, or municipality directly under the Central Government shall submit annual check report on newspapers to the GAPP within 30 days after completing the work for annual check of newspaper publication.
Article 52 In any of the following circumstances, the annual check shall be postponed:
1. The newspaper is in the period of stopping publication for rectification;
2. The newspaper is discovered upon examination to be under any illegal circumstances and shall be punished;
3. The competent entity in-charge or the sponsor fails to perform its management responsibilities, which leads to the poor management of newspaper publication; or
4. It is suspected that there is any other violation of the law which requires further investigation.
The time limit for postponing the annual check shall be determined by the administrative department of press and publication at a province, autonomous region, or municipality directly under the Central Government, and shall be reported to the GAPP for archival filing. At the expiry of postponing the annual check, the annual check shall be handled once again in accordance with Articles 50 and 51 of the present Provisions.
Article 53 In one of the following circumstances, a newspaper publication entity shall not pass the annual check:
1. It refuses to correct after its illegal act is investigated and punished or sees no obvious improvement;
2. It has been long since its newspaper publication quality failed reach the prescribed standard;
3. Its business operation deteriorates and it is insolvent; or
4. It has already not had the conditions as prescribed in Article 8 of the present Provisions.
Where a newspaper publication entity is not allowed to pass the annual check, the GAPP shall revoke its License for Newspaper Publication, and the administrative department of press and publication at the province, autonomous region, or municipality directly under the Central Government at the place where it is located shall write off its registration.
If any newspaper publication entity fails to pass the annual check, it shall stop the publication of the newspaper from the next year.
Article 54 A License for Newspaper Publication may continue to be used after it has been annexed the seal of annual check. The relevant departments shall, when handling such formalities as the publication, printing and distribution of any newspaper, not adopt the License for Newspaper Publication without being annexed the seal of annual check.
Any newspaper publication entity that does not take part in the annual checking as required, or still does not take part in the annual checking after being urged, the GAPP shall revoke its License for Newspaper Publication, and the administrative department of press and publication at the province, autonomous region, or municipality directly under the Central Government where it is located shall write off its registration.
Article 55 An inspection organ may announce to the society its annual check results.
Article 56 The practitioners of newspaper publication shall have the qualification of a professional of press and publication as prescribed by the state.
Article 57 The director general and the chief editor of a newspaper publication entity shall comply with the qualification and condition for holding the post as prescribed by the state.
The director general and the chief editor of a newspaper publication entity shall take part in on-job training organized by the administrative department of press and publication.
The newly appointed director general and chief editor of a newspaper publication entity shall not hold a post until after they have passed the on-job training.
Chapter V Legal Liabilities
Article 58 In case any newspaper publication entity violates the present Provisions, the administrative department of press and publication may take any of the following administrative measures according to the circumstances:
1. Issuing a notice of warning;
2. Circulating a report of criticism;
3. Ordering it to apologize openly;
4. Ordering it to correct;
5. Ordering it to stop printing and distributing the newspaper;
6. Ordering it to take back the newspaper; or
7. Ordering the sponsor or the competent entity in charge to supervise the rectification of the newspaper publication entity.
A uniform design of the notice of warning shall be formulated by the GAPP, and shall be distributed to the illegal newspaper publication entity by the GAPP or the administrative department of press and publication at a province, autonomous region, or municipality directly under the Central Government, and a copy of the notice shall be sent to the sponsor and the competent entity in charge of the illegal newspaper publication entity.
The administrative measures listed in this Article may be taken one with another.
Article 59 Whoever establishes a newspaper publication entity without approval or undertakes newspaper publication business without permission, forges the name of any newspaper publication entity or publishes any newspaper by forging or counterfeiting the name of the newspaper, shall be punished according to Article 55 of the Regulation on the Administration of Publication.
Article 60 Any newspaper containing the contents as prohibited to be published by the Regulation on the Administration of Publication or by any other law, regulation or state provision shall be punished according to Article 56 of the Regulation on the Administration of Publication.
Article 61 In case any newspaper publication entity violates Article 37 of the present Provisions, it shall be punished according to Article 60 of the Regulation on the Administration of Publication.
In case any newspaper publication entity allows or implicitly recognizes any advertisement operator to participate in newspaper gathering, interviewing and editing or any other publication activities, it shall be punished in light of the preceding paragraph.
Article 62 In case any newspaper publication entity has any of the following acts, it shall be punished according to Article 61 of the Regulation on the Administration of Publication:
1. The newspaper publication entity fails to go through the formalities for the examination and approval according to the present Provisions when it alters its name, is merged or split, alters its capital structure, or publishes new newspapers;
2. The newspaper publication entity fails to go through the formalities for examination and approval according to the present Provisions when it alters its name, sponsor, competent entity in-charge, publication period, business scope, size or sections of the newspaper; or
3. The newspaper publication entity fails to submit samples of the newspaper according to the present Provisions.
Article 63 In case any newspaper publication entity has any one of the following acts, the GAPP or the administrative department of p, ress and publication of a province, autonomous region, or municipality directly under the Central Government shall give it warning, and impose upon it a fine of less than RMB 30,000 Yuan:
1. The newspaper publication entity fails to put on archives in accordance with Article 19 of the present Provisions when it alters its address, legal representative or person in charge, or the entity undertaking its printing;
2. It fails to put on archives in accordance with Article 20 of the present Provisions in case the publication of its newspaper is stopped;
3. It refuses to enforce the order of the administrative department of press and publication for correction in case the newspaper publishes any false or untruthful report which has cause any injury to the public interests;
4. It fails to publish the true name of any author when the author issues news report in its newspaper;
5. It publishes or reprints relevant articles in violation of Article 27 of the present Provisions;
6. It fails to show the information about the sections and number of pages of the newspaper in accordance with Article 31 of the present Provisions;
7. It uses one serial number to publish two or more newspapers as is in violation of Article 31 of the present Provisions;
8. It publishes newspapers with different sizes or separately distributes part of sections of the newspaper as in violation of Article 33 of the present Provisions;
9. It violates the provisions of the present Provisions on the publication of special editions, special issues, additional issues and extra issues of a newspaper;
10. It fails to mark the word “advertisement” in an eye-catching place of its newspaper when it publishes advertisements, or it publishes advertisements in news form;
11. It publishes any paid news reports or violates any other provisions of Article 39 of the present Provisions; or
12. It violates Article 43 of the present Provisions, and carries out operational activities by unfair competition act or apportions the distribution of the newspaper by taking advantage of its power.
Article 64 In case any of the news gathering and editing personnel of any newspaper publication entity violates the relevant provisions on the press cards, he/she shall be punished according to the provisions of the Measures for the Administration of Press Cards of the GAPP.
Article 65 In case any newspaper publication entity violates the relevant provisions of the newspaper office or the correspondents’ station, it shall be punished according to the provisions of the Measures for the Administration of Newspaper Offices and Correspondents’ Stations.
Article 66 When an administrative punishment on a newspaper publication entity is made, the sponsor and the competent entity in charge shall be informed, and the administrative punishment may be announced to the society through the media.
When an administrative punishment on any newspaper publication entity is made, the administrative department of press and publication may suggest its sponsor or the competent entity in charge giving administrative punishment on the person directly liable and the person in charge or removing them from their posts.
Chapter VI Supplementary Provisions
Article 67 The present Provisions shall also be applicable to the other unbound serial publications which focus on the non-news contents or whose publication frequency exceeds one week, and hold a CN Serial Number.
Article 68 After the present Provisions take effect, the Interim Provisions on the Administration of Newspapers of the GAPP shall be repealed simultaneously, and if any prior provision of the administrative department of press and publication concerning newspaper publication activities conflicts with the present Provisions, the present Provisions shall prevail.
Article 69 The present Provisions shall come into force as of December 1, 2005. |
