State Council General Office
All provincial, autonomous region and municipal People’s Governments, all State Council ministries and commissions, all directly subordinate organs
In order to further promote the healthy flourishing and development of the publishing undertaking, safeguard regular publishing order, protect intellectual property rights and deeply launch the “Sweeping Pornography” and “Striking Illegality” struggle, hereby, the following is notified in relation to strictly enforcing the law and firmly suppressing illegal publishing activities:
I, On the basis of State regulations, no work unit or individual may engage in publishing, printing, reproduction or distribution activities of books, newspapers, periodicals, audiovisual and electronic publications without permission from the administrative press and publications management department.
II, It is not permitted to publish publications that violate State laws and regulations, divulge State secrets, endanger State security, harm state interests, violate Party and State ethnic and religious policies, destroy ethnic unity, propagate obscenity, sex, murder or violence, that instigate crime and other content. Where the above problems appear in the content of publications, administrative punishment must be imposed on the publishing work unit, up to cessation of business for rectification, the main leaders of the publishing work unit and relevant personnel must be investigated and prosecuted; where circumstances are grave, publishing work unit registration must be cancelled. Where engaging in illegal publishing activities constitutes a crime, and the abovementioned problems appear in publication content and violate criminal law, the criminal liability of the relevant personnel is investigated according to the law.
III, It is strictly prohibited to sell book numbers, periodical numbers and edition numbers. Publishing work units selling book numbers, periodical numbers or edition numbers must cease business for rectification, and the leaders and relevant personnel of the work unit is investigated and prosecuted; where circumstances are grave, the registration of the publishing work unit must be cancelled. Work units and individuals trading in or forging book numbers, periodical numbers or edition numbers to engage in illegal publishing activities must be investigated and prosecuted according to relevant regulations.
IV, Enterprises not holding book, newspaper or periodical printing permits may not print books, newspapers or periodicals. Where publishing work units entrust the printing of publications in violation of regulations, the responsibility of corresponding personnel must be investigated. Where printing enterprises engage in illegal publishing activities, their printing permit or business licence must be cancelled.
V, For cross-provincial (regional, municipal) book and periodical printing, it is required to respectively go to the provincial-level administrative press and publications management department of the publishing work unit and the printing contracting work unit to conduct examination and approval procedures. Where printing is entrusted or contracted without approval, it must be investigated and punished according to regulations; where management departments engage in examination and approval in violation of regulation, the responsibility of relevant personnel must be prosecuted.
VI, Strictly implement audiovisual and electronic publications reproduction permission and entrustment letter system. Enterprises not holding reproduction permits may not engage in reproduction business. Where audiovisual and electronic publishing work units entrust the production of audiovisual and electronic publications in violation of regulations, the responsibility of the relevant personnel must be prosecuted. Where reproduction enterprises engage in illegal publication activities, their reproduction permit and business licence must be cancelled.
VII, Domestically produced digital laser discs (Laser Discs, Digital Laser Audiovisual Discs, Read-only CDs, etc.) must be marked with a Source Identification Code (SID). Apart from finished products imported with State approval, all digital laser storage discs that are sold on the market and do not have a source identification code will be considered as illegal publications without exception and will be confiscated, also, the responsibility of the publisher, reproducer or vendor will be prosecuted according to regulations.
VIII, A publications wholesale market system is instituted. Apart from Xinhua bookstores, Foreign Languages bookstores and publishers directly engaging in wholesale business, other publications wholesale work units must engage in business in wholesale venues provided by administrative press and publications management departments. Localities that have not established a wholesale market must establish wholesale market as soon as possible. Firmly suppress illegal wholesale activities outside of markets. All publications entered into markets for sale must be examined and approved before sale by the publications market management department; where products are wholesaled or sold without approval or authorization, they are confiscated without exception and the publications trading permit and business licence of the wholesaler or vendor is cancelled; where illegal publications and publications with prohibited content or that are not suited for wholesale or sale are discovered, they must be immediately confiscated and dealt with according to regulatory procedure.
IX, Strengthen copyright protection, attack infringement activities. Once piracy and other unlawful activities of copyright infringement are discovered, relevant management departments shall order their immediate cessation, investigate and prosecute matters according to the law, and realistically safeguard the lawful rights and interests of copyright holders.
X, Safeguard the lawful rights and interests of publishers and periodical publishers. Publishing books, periodicals and audiovisual products by faking the name of publishers and periodical publishers, forging stamps, entrustment letters, manuscript forms and other credentials, etc., must be firmly attacked; where criminal law is violated, criminal liability must be prosecuted according to the law. Publishers and periodical publishers may require infringers to compensate damage.
All levels’ governments must give high regard to the work to suppress illegal publishing activities and strengthen leadership. They must adopt realistic and effective measures to implement the requirements of this Notice, strengthen management and obtain substantial results. They must broadly mobilize the masses to participate in the “Sweeping Pornography” and “Striking Illegality” struggle, encourage the masses to vigorously report and expose “pornography production”, “pornography peddling”, infringement, piracy and other illegal publishing activities, provide protection to informants, reward those performing meritorious service.