Notice concerning the Implementation of the “Online Culture Business Work Unit Content Self-Inspection Management Rules”
WSF No. (2013)39
All provincial, autonomous region and municipal culture offices (bureaus), the Xinjiang Production-Construction Corps Culture, Radio, Film and Television Bureau, the Beijing, Tianjin, Shanghai and Chongqing administrative cultural market law enforcement teams, the Tibet Autonomous Region Cultural Market Comprehensive Law Enforcement Team:
In order to implement the State Council’s requirements concerning further transforming government functions and streamlining administration, all levels’ administrative culture departments will cancel, transfer down and simplify administrative examination and approval procedures on the basis of their real situations, management duties are to be transferred to enterprises or social organizations, and government departments are to strengthen service and supervision. On the basis of the “Provisional Internet Culture Management Regulations”, and in integration with the reality and needs of online culture construction and management, the Ministry of Culture has formulated the “Online Culture Business Work Unit Content Self-Inspection Management Rules” (hereafter simply named “Rules”), the objective is to strengthen enterprises’ autonomous management capacity and self-discipline responsibilities, and guarantee that online culture develops healthily and rapidly. They are hereby printed and issued, please implement them according to the following requirements:
I, The Ministry of Culture Cultural Market Department organizes the compilation of online culture management training manuals, the printing of “Guidelines for Online Music Content Examination”, and “Guidelines for Online Game Content Examination Work”, establishes training teacher banks and topic banks, to serve training work in all localities.
II, All localities’ cultural offices (bureaus) shall, before the implementation of the “Rules”, conduct training of the content inspection personnel truly engaged in online culture business work units in their area. The quantity of personnel receiving training is be determined by enterprises on the basis of satisfying the enterprise’s real work need.
III, Methods integrating face-to-face and online training are to be adopted, online training platforms are established by the Ministry of Culture. Personnel participating in training for the first time shall participate in face-to-face training, those passing examinations are issued with a “Content Inspection Personnel Certificate”.
All content inspection personnel that has undergone training organized by the Ministry of Culture and provincial-level administrative culture departments and passed examinations since 2009, are issued with a “Content Inspection Personnel Certificate” before the “Rules” take effect.
IV, All localities’ cultural offices (bureaus) may organize training work themselves or contract it to sector associations or intermediary organs. Regions with few online culture business work units may organize training jointly with bordering regions. For companies with a large scale and many inspection personnel, it is permitted to conduct special training.
V, The Ministry of Culture establishes a nationwide online culture business work unit content inspection personnel information database, all localities’ cultural offices (bureaus) establish an information database for their own level, and timely report information concerning content inspection personnel to the Ministry of Culture for entry in its database.
It is hereby notified.
Attachment: “Online Culture Business Work Unit Content Self-Inspection Management Rules”
Ministry of Culture
12 August 2013
Online Culture Business Work Unit Content Self-Inspection Management Rules
Article 1: In order to strengthen online culture content construction and management, and standardize online culture business work unit product and service content self-inspection work, on the basis of the “Provisional Internet Culture Management Regulations”, these Rules are formulated.
Article 2: These Rules apply to online culture business work units who have obtained an “Online Culture Business Permit” according to the law.
Article 3: Before online culture business work units provide services to the public, they shall conduct advance inspection of the content of the cultural products and services they plan to provide.
Article 4: Online culture business work units may not provide online cultural products and services with content prohibited by Article 16 of the “Provisional Internet Culture Management Regulations”.
Article 5: Online culture business work units shall establish and complete content management structures, establish a special content management department, allocate personnel suited to the demands of inspection work to be responsible for managing the content of online culture products and services and guarantee the legality of the content of online cultural products and services. Online culture business work units’ content management structures shall contain clear responsibilities; targets, procedures and responsibility investigation systems for inspection work, and these are to be reported to the local provincial-level administrative culture department for filing.
Article 6: Content inspection work for online culture business work units’ online cultural products and services shall be implemented by personnel having obtained a “Content Inspection Personnel Certificate”.
Article 7: Content inspection personnel duties:
(1) grasping content inspection policies, laws, regulations and corresponding knowledge;
(2) independently expressing inspection opinions;
(3) participating in professional training organized by administrative culture departments.
Article 8: Content inspection work for online cultural products and services is to be implemented by two or more content inspection personnel, after inspection personnel writes an inspection report and signs it, they are to report it to the work unit’s person in charge of content management for review and signature. Where the legality of online cultural products or services cannot be correctly determined, application for administrative guidance may be made with the provincial-level administrative culture department, administrative culture departments receiving applications shall respond within ten days.
Article 9: Online culture business work unit content inspection record preservation periods are to be no less than two years.
Article 10: Online culture business work units shall conduct real-time supervision over products and services operated through websites (platforms) through technological means, where they discover content violating regulations, they must immediately cease providing it, preserve relevant records, and in case of major problems, report it to the local provincial-level administrative culture department.
Article 11: The Ministry of Culture is responsible for comprehensively coordinating training evaluation work of online culture business work unit content inspection personnel, guiding and formulating guidelines for content inspection work of online cultural products, organizing the compilation of training materials and topic banks, and establishing an inspection personnel information database.
Article 12: Provincial-level administrative culture departments are responsible for content inspection personnel training evaluation and inspection supervision work. Training work is to be conducted by adopting methods combining face-to-face training and online training. Those passing examinations will be issued with a “Content Inspection Personnel Certificate”, and be listed in the inspection personnel information database for uniform management. Content inspection personnel having obtained a certificate shall participate in continued training at least once per year.
Article 13: Where content inspection personnel are in one of the following situations, the permit-issuing department cancels their “Content Inspection Personnel Certificate”:
(1) not having participated in continued training for two continuous years;
(2) where dereliction of duty results in grave social influence;
(3) where major inspection mistakes occur.
Article 14: Online culture business work units that do not implement self-inspection systems according to these Rules, will be punished by county-level or higher administrative culture departments or comprehensive cultural market law enforcement organs according to the provisions of Article 29 of the “Provisional Internet Culture Management Regulations”.
Article 15: Online cultural products and services that shall be reported to the administrative culture departments for inspection or filing according to the provisions of regulations and rules, shall be dealt with according to regulations after inspection.
Article 16: These Rules take effect on 1 December 2013.
文 化 部
第五条 网络文化经营单位应当建立健全内容管理制度，设立专门的内容管理部门，配备适应审核工作需要的人员负责网络文化产品及服务的内容管理，保障网络文化产品及服务内容的合法性。 网络文化经营单位内容管理制度应当明确内容审核工作职责、标准、流程及责任追究办法，并报所在地省级文化行政部门备案。
第八条 网络文化产品及服务的内容审核工作应当由2名以上审核人员实施，审核人员填写审核意见并签字后，报本单位内容管理负责人复核签字。 对网络文化产品及服务内容的合法性不能准确判断的，可向省级文化行政部门申请行政指导，接到申请的文化行政部门应当在10日内予以回复。
第十二条 省级文化行政部门负责内容审核人员培训考核及检查监督工作。培训工作采取现场和网络相结合的方式进行。对经考核合格者发给《内容审核人员证书》，并纳入审核人员信息库统一管理。 取得证书的内容审核人员每年至少应当参加1次后续培训。