International Treaties and Commitments

National Cyberspace Security Strategy

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The broad application of information technologies and the rise and development of cyberspace has extremely greatly stimulated economic and social flourishing and progress, but at the same time, has also brought new security risks and challenges. Cyberspace security (hereafter named cybersecurity) concerns the common interest of humankind, concerns global peace and development, and concerns the national security of all countries. Safeguarding our country’s cybersecurity is an important measure to move forward the strategic arrangement of comprehensively constructing a moderately prosperous society, comprehensively deepening reform, comprehensively governing the country according to the law, and comprehensively and strictly governing the Party forward in a coordinated manner, and is an important guarantee to realize the “Two Centenaries” struggle objective and realize the Chinese Dream of the great rejuvenation of the Chinese nation. In order to implement Xi Jinping’s “Four Principles” concerning moving forward reform of the global Internet governance system and the “Five Standpoints” on building a community of common destiny in cyberspace, elaborate China’s important standpoints concerning cyberspace development and security, guide China’s cybersecurity work and safeguard the country’s interests in the sovereignty, security and development of cyberspace, this Strategy is formulated.

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Joint Statement by the President of the People’s Republic of China and the President of the Russian Federation concerning Coordinating the Promotion of Development in Information and Cyberspace

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The heads of state of the People’s Republic of China and the Russian Federation stated that, following the rapid progress of information infrastructure and information and telecommunications technology, information and cyberspace have deeply changed the production and lives of humanity, and powerfully promote social development. A secure, stable and flourishing information and cyberspace is of major importance to the peaceful development of both countries and the world. Both countries will jointly devote themselves to furthering development in information and cyberspace, to even better enrich the people of both countries and the people of the world.

We believe that information and cyberspace is facing security challenges that become graver every day, information technology abuse is grave, and various countries, including China and Russia, have important common interests and space for cooperation, they should therefore, on the basis of mutual respect and mutual trust, comprehensively engage in substantive dialogue and collaboration on the topic of guaranteeing information and cyberspace security and furthering the development of information and cyberspace. Read the rest of this entry »

Persisting in Respect for the Principle of Cyber Sovereignty, Promoting the Construction of a Community of Common Destiny in Cyberspace

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The original text of this article was published in Seeking Truth, on 29 February 2016.

Lu Wei

Studying on Understanding and Reflecting on the Spirit of General Secretary Xi Jinping’s Important Speech at the 2nd World Internet Conference

Key points

– The Internet is a new space and a new garden for humanity, it requires new rules and a new order. Persisting in the four principles of respect for cyber sovereignty, safeguarding peace and security, stimulating openness and collaboration, and building a good order, as well as the five standpoints of accelerating the construction of global network infrastructure, forging shared platforms for online cultural exchange, promoting innovation and development of the network economy, guaranteeing cybersecurity, and building an Internet governance system, have opened up the “Wuzhen Process” for global Internet development and governance.

– The thriving of malpractice in international cyberspace governance is rooted in the question of sovereignty. Cyber sovereignty is rooted in modern legal theory, and is the extension of national sovereignty in cyberspace. Respect for cyber sovereignty is a necessary requirement for opposing cyber hegemony, it is am important guarantee for safeguarding peace and security, it is a basic precondition for persisting in openness and collaboration, and is a firm basis for building a desirable order.

– Cyberspace is a common space of activity for humankind, all countries should strengthen communication, broaden consensus and deepen collaboration, to jointly build a community of common destiny in cyberspace. Respect for cyber sovereignty is dialectically one with building a community of common destiny in cyberspace, cyber sovereignty is the precondition for building a community of common destiny in cyberspace, and the community of common destiny in cyberspace is a guarantee for cyber sovereignty.

– China is a firm advocate and powerful defender of cyber sovereignty, it persists in correctly handling the relationships between freedom and order, security and development, openness and autonomy in cyberspace, it is exploring and marching an Internet governance path with Chinese characteristics. China will further move forward the reform of the global Internet governance system, promote the formulation of more balanced international norms for cyberspace that reflect the desires and interests of the absolute majority of countries, to jointly promote the healthy development of the Internet. Read the rest of this entry »

Wuzhen Initiative

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The Internet is an important achievement in the progress of human civilization, it has become an important force that drives innovation, stimulates economic and social development, and enriches all of humanity. The Internet will transform the world into a “global village”, so that international society increasingly is becoming an interdependent community of common destiny. At the same time, the rapid development of the Internet has also brought challenges to national sovereignty, security and sustainable development. Vigorously and steadily responding to these challenges is the common responsibility of international society. From the World Summit on the Information Society in 2003, the Geneva Declaration of Principles and the 2005 Tunis Agenda to the Montevideo Statement as well as the Report of the United Nations Group of Governmental Experts on Information Security, international society’s consensus concerning Internet development and governance is broadening incessantly, and cooperation is deepening incessantly. We express congratulations for the results of the United Nations General Assembly WSIS +10 High-Level Meeting, and look forward to international society further deepening cooperation in the area of the Internet on the basis of the UN Charter as well as universally accepted international norms and principles. Read the rest of this entry »

Speech at the 2nd World Internet Conference Opening Ceremony

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Xi Jinping

16 December 2015, Wuzhen

Welcome, everyone, to beautiful Wuzhen, to talk together about fundamental matters in Internet development. First and foremost, on the sincere behalf of the Chinese government and the Chinese people, as well as in my own name, I express a welcome to all honoured guests who attend the second World Internet Conference. And I express warm congratulations on the convention of the Conference.

I have spent many years in Zhejiang, and have come to Wuzhen often. Coming here again today, I feel very warm and acquainted, and also feel a completely new impression in my ears and eyes. Last year, the first World Internet Conference was organized here, which promoted the rapid development of online makers, online hospitals, smart tourism, etc., and let this white-walled, black-tiled, thousand-year-old town burst forth with a new glamour. The networking and smartification of Wuzhen is a vivid portrait of the converging development of the traditional and the modern, the humanities and science and technology, it is a microcosm of the creative development of China’s Internet, and vividly reflects the idea of shared development of the global Internet. Read the rest of this entry »

A Network Shared Together, A Space Governed Together

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Keynote Speech at the Opening Ceremony of the ICANN Meeting in London

Lu Wei

Respected Minister Ed Vaizey, respected chairman Steve Crocker and CEO Fadi Chehade, respected colleagues, ladies, gentlemen:

Good morning! Today, the 50th ICANN meeting is opened, and I represent the Chinese government in expressing enthusiastic congratulations! I also express heartfelt thanks for vigorous efforts and considerate arrangements that Minister Ed Vaizey and ICANN have made for this Meeting! There is a proverb in English: “He that walks with wise men should be wise”. I have come to London for the second time in a year, I have come to the birthplace of the father of the World Wide Web, and so would like to “learn from everyone, through exchanging views, like polishing jade”, and together, exchange experiences and wisdom concerning Internet development and governance. Read the rest of this entry »

Copyright Law of the People’s Republic of China (Revision Draft, Submission Version)

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National Copyright Administration

Revision Draft, Submission Version

Chapter I: General Principles

Chapter II: Copyright

Section I: Copyright holders and their rights

Section II: Copyright entitlement

Section III: The term of protection of copyright

Chapter III: Related rights

Section I: Publishers

Section II: Performers

Section III: Audio producers

Section IV: Radio stations and television stations

Chapter IV: The limitations of rights

Chapter V: The exercise of rights

Section I: Copyright and related right contracts

Section II: Collective copyright management

Chapter VI: Technological protection measures and rights management information

Chapter VII: The protection of rights

Chapter VIII: Supplementary provisions

Chapter I: General provisions Read the rest of this entry »

Report concerning the Work Situation in Deepening Cultural Structural Reform and Promoting the Grand Development and Grand Flourishing of Socialist Culture

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Given on 24 October 2012 at the 29th Meeting of the 11th Standing Committee of the National People’s Congress

Minister of Culture: Cai Wu

Standing Committee of the National People’s Congress,

I have been entrusted by the State Council to report to the Standing Committee of the National People’s Congress on the work situation in deepening cultural structural reform and promoting the grand development and grand flourishing of Socialist culture. Cultural structural reform and development work involve culture, radio, film and television, press and publications, and various other areas, and for this report, the opinions of the Central Propaganda Department as well as SARFT, the General Administration of Press and Publications, the Information Office and other departments were sought, in order to as much as possible, completely reflect the comprehensive situation of cultural structural reform and development work, please consider it. Read the rest of this entry »

Copyright Law of the People’s Republic of China (Second Revision Draft)

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Changes in the updated document in comparison with the earlier March draft are underlined.

National Copyright Administration, July 2012

Chapter I: General Principles

Chapter II: Copyright

Section I: Copyright holders and their rights

Section II: Copyright entitlement

Section III: The term of protection of copyright

Chapter III: Related rights

Section I: Publishers

Section II: Performers

Section III: Audio producers

Section IV: Radio stations and television stations

Chapter IV: The limitations of rights

Chapter V: The exercise of rights

Section I: Copyright and related right contracts

Section II: Collective copyright management

Chapter VI: Technological protection measures and rights management information

Chapter VII: The protection of rights

Chapter VIII: Supplementary provisions Read the rest of this entry »

A Brief Explanation concerning the Revision and Perfection of the “Copyright Law of the People’s Republic of China” (Second Revision Draft)

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(National Copyright Administration, July 2012)

I, The basic situation of the Opinion-seeking Draft

On 31 March 2012, the National Copyright Administration published the “Copyright Law of the People’s Republic of China” (Revision Draft) through the official websites of the National Copyright Administration and the General Administration of Press and Publications, and openly solicited the opinions and suggestions from all walks of society. In early April, the National Copyright Administration legislative work leading small group chair, General Administration of Press and Publications Director and National Copyright Administration Director Liu Binje and legislative work leading small group vice-chair, GAPP vice-director and NCA vice-director Comrade Yan Xiaohong respectively sent letters to the responsible comrades of 35 relevant departments to solicit opinions in their personal name; the National Copyright Administration Secretariat sent letters to 40 relevant State Council ministries and commissions to solicit opinions. Read the rest of this entry »

“12th Five-Year” Development Plan for the Internet Sector

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Table of contents

I, Development situation

(1) Internet use has developed swiftly

(2) Internet infrastructure capacity has been enhanced continuously

(3) Internet technology innovation capacity has been incessantly strengthened

(4) The beginnings of an Internet sector with international influence have been shaped

(5) A management structure for the Internet sector has been basically established

(6) The Internet has become an important engine and basic platform for economic and social development.

II, Development circumstances

(1) The position of strategic Internet infrastructure has become more prominent

(2) Internet use incessantly opens up and develops new aspirations

(3) Internet technology change and network evolution accelerates and moves forward

(4) The challenges of network and information security tend to become more severe

(5) Global Internet management strength incessantly expands

(6) Our country’s Internet is at an important juncture for innovation and upgrading

III, Guiding ideology, basic principles and development objectives

(1) Guiding ideology and basic principles

(2) Development objectives

IV, Development tasks

(1) Innovating and applying structures, fostering the development of new Internet business models

(2) Stimulating the integration of the two civilizations, completely supporting economic and social development

(3) Establishing a “Broadband China”, moving network infrastructure optimization and upgrading forward”

(4) Moving the whole arrangement forward, evolving towards the development of next-generation Internet

(5) Making breakthroughs in key technologies, ramming down core basic sectors

(6) Strengthening top-layer design, establishing advanced and complete Internet standard systems

(7) Perfecting supervision and management systems, forging a sincere Internet market environment abiding by the rules

(8) Strengthening systems and methods, strengthening basic Internet management

(9) Strengthening structure construction, upgrading network and information security guarantee capacity

V, Guarantee measures

(1) Perfecting and guaranteeing sector management legal and regulatory structures guaranteeing the healthy development of the Internet

(2) Strengthening Internet management systems and management capacity construction

(3) Establishing guiding mechanisms for healthy Internet development

(4) Strengthening policy support for Internet infrastructure construction

(5) Promoting and perfecting Internet development fiscal, financial and intellectual property rights policies

(6) Fostering and supporting small and medium Internet enterprise growth

(7) Strengthening the construction of Internet specialist talent structures

(8) Promoting and perfecting international Internet governance mechanisms Read the rest of this entry »

A Brief Explanation concerning the “Copyright Law of the People’s Republic of China” (Revision Draft)

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At the end of March, the National Copyright Administration published a draft for the upcoming revision of the Copyright Law. It also issued an accompanying explanation as to which changes were made in the Copyright Law and why. Mainly, these changes are to be found in consolidating the copyright law regime, by including a number of provisions which were present only in administrative regulations; bringing the law in line with the WIPO treaties to which China acceded in 2007; instituting new requirements on copyright-related contract registration; and expanding the role of collective copyright management organizations. Also, the draft provides a safe haven for technological network service providers.

I, The basic situation of our country’s copyright law

The basic framework of our country’s copyright legal system is composed of laws, administrative regulations, local regulations, departmental rules, local government rules, normative documents, judicial interpretation, as well as corresponding international treaties, etc. After 20 years of efforts, our country has shaped a relatively complete copyright law system. Read the rest of this entry »

Gary Rawnsley at PCMLP

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A little while ago, prof. Gary Rawnsley of the University of Leeds was at Oxford to talk about China’s soft power initiative. Here’s the video: Read the rest of this entry »

China increases foreign movie quota, so what does it solve?

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On 18 February, an agreement was concluded between China and the United States concerning market access quota and conditions for American cinema films.  According to the People’s Daily, the agreement states that China will import 14 American films per year more than before, and that the cut of revenue-sharing box office income will increase from 13% to 25%. The LA Times also reports that the deal will enable independent producers to negotiate higher licence percentages that are comparable with commercial rates in other markets. Read the rest of this entry »

Chinese censorship back in the WTO spotlight

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As the financial crisis is progressing, relations between China and the United States are becoming increasingly strained. As the US struggles to get its economy back on the rails, voices arguing that Chinese monetary and economic policies engender unfair consequences for US enterprises are growing in strength. On 20 October, the USTR filed a WTO case against China concerning anti-dumping measures on broiler products, as well as a GATS Article III:4 request for information concerning China’s Internet censorship policies.

 

This is not the first time that the US addresses Chinese censorship in the WTO. Most notably, it won the DS363 China – Audiovisual case, in which it was found that a number of Chinese media control measures violated WTO rules. However, this request for information is different. Rather than attacking substantive aspects of Chinese censorship policy, it asks China to provide more clarity about censorship procedure. More specifically, as the Great Firewall allegedly sometimes blocks the websites of US services suppliers, the US requests information about the criteria for blockage, the relevant ministries and decisionmakers, potential routes for appeal or redress, and the way domestic and foreign services suppliers are treated.

 

This action may have significant consequences. China’s censorship system is vague, opaque and complex, party because of domestic overlapping administrations, but also in order to ensure that websites aren’t tempted to explore the boundaries of what is permissible and to maximize discretion to intervene. However, if China does not satisfactorily answer the US questions, it may find itself confronted with a new WTO case. It can reasonably be expected that China will invoke national security as a justification for its censorship regime, which means that it may be necessary to come up with a WTO definition for this term.

 

In any case, this is a very clever move by the United States. By concentrating on procedural aspects, it avoids opening up the Pandora’s box that are substantive censorship rules. But more importantly, by concentrating on the commitments that China voluntarily made when joining on the WTO, China may be forced to show its hand on committing to the rules-based international trading system.

 

 

Provisions on the Main Duties, Internal Organization and Personnel Allotment of the General Administration of Press and Publication (National Copyright Administration)

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SCS No. (2008)90

All provincial, autonomous region and municipal People’s Governments, all State Council ministries and commissions, all directly subordinate organs:

The “Provisions on the Main Duties, Internal Organization and Personnel Allotment of the General Administration of Press and Publication (National Copyright Administration)” were already approved by the State Council, and are hereby printed and distributed.

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Provisions on the Main Duties, Internal Organization and Personnel Allotment of the Ministry of Culture

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SCS No. [2008]79

10 July 2008

On the basis of the State Council organ reform plan approved at the first meeting of the 11th National People’s Congress and the “State Council Notice Concerning Organic Installation” (NDC No. (2008)11), the Ministry of Culture is established, and is a component organ of the State Council. Read the rest of this entry »

Opinions concerning Further Strengthening and Improving Cultural Product and Service Export Work

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In recent years, following the progressive acceleration of the pace of the rise of our country’s comprehensive national strength and the and reform and development in the cultural sphere, ever more cultural products and services marched towards international markets, disseminating Chinese culture, expanding international influence, and stimulating cultural industry development, and have obtained desirable social effects and economic effects. But it must also be regarded that our country’s rich cultural resources and vast cultural market have not been scientifically exploited and used, cultural product and service export quantities are still relatively low, cultural market competitiveness is correspondingly weak, and the function of culture in foreign relations is to be urgently strengthened. In order to further strengthen and improve cultural product and service work, promote even more excellent cultural products and services to march towards international markets, the following Opinions are hereby put forward. Read the rest of this entry »

Some Opinions Concerning Attracting Foreign Capital in the Cultural Area

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In order to adapt to the new circumstances of our country’s accession to the World Trade Organization, further standardize attracting foreign capital in the cultural area work, raising the quality and level of using foreign capital, safeguarding national cultural security, stimulating the healthy and orderly development of the cultural industries, the following opinions are hereby put forward:

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Implementation Regulations concerning Implementing the “Some Opinions Concerning Deepening Press, Publications, Radio, Film and Television Sector Reform”

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The Central Committee Secretariat and State Council Secretariat have transmitted the CCP Central Propaganda Department, State Administration of Radio, Film and Television and General Administration of Press and Publications Some Opinions Concerning Deepening Press, Publications, Radio, Film and Television Sector Reform” (hereafter simply named “Some Opinions”). At present, the nationwide press and publications sector is deeply studying the important “July 1st” speech of General Secretary Jiang Zemin, and bearing in mind the larger picture of press and publications work and the requirements of the “Three Represents”, deepening press and publications sector reform, and earnestly studying and implementing the “Some Opinions”, which is of importance in guaranteeing that reform persists in the correct orientation and obtaining even quicker development. On the basis of the requirements of the Centre, hereby, the implementation regulations for implementing the “Some Opinions” in the press and publications sector are formulated. Read the rest of this entry »