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Every cultural department (bureau) of province, autonomous
region and municipality directly under the Central Government,
cultural bureau of formation of production and construction
of Xinjiang:
Ministry of Culture promulgated "the temporary regulation
about the administration of culture of Internet" (hereafter
referred to as " the regulation ") on May 10, 2003.
In the regulation Ministry of Culture makes it clear about
the management of the network culture products and its operation
activities, and demands that the imported net game and its
operation should be submitted to Ministry of Culture to make
content censored.
In February 17, 2004,the document "General Office of
the State Council transmits the notices to the department
as Ministry of Culture etc. on launching the special renovation
suggestions of the place of Internet service business"£¨Guo
ban fa No.19 [2004] £©stipulates, "To the unit who was
engaged in Internet's culture business activities, such as
providing the net game, audio & visual product, performing
drama (program), work of art, cartoon. Without the permission
and authorization of Ministry of Culture, its business activity
should be banned by the cultural administrative department
according to "The method of censoring and banning illegal
business" . To the units who propagated the above-mentioned
imported cultural products of Internet without the content
censored by the Ministry of Culture, Ministry of Culture would
investigate, prosecute and ban on them, with the cooperation
of the Ministry of Information Industry according as the law.
"The Central Committee of the Communist Party of China,
the State Council's several suggestions on strengthening and
improving further the minor's construction of morals and thought
" (zhong fa No. 8£Û2004£Ý) point out again," Examining
the content of the game software which faces to minors strictly,
investigating and prosecuting the game software product which
contains the harmful content of bring out minor's criminal
offence or has the content of terror, brutality etc. We should
strictly enforce the import standard of minor's spiritual
cultural product, strictly strength the import control. Not
only should we introduce and import the outstanding cultural
product all over the world selectively, but also we must prevent
from the invasion of external harmful culture".
In order to carry out the above regulation further, we now
notify the relevant questions as followed:
First, Any foreign net game product propagated online or
by mobile within the territory of the People's Republic of
China, could be put into operation after the content has been
censored by Ministry of Culture.
Second, Ministry of Culture has established imported game
products content censor committee (hereafter referred to as
" censor committee"), responsible for censoring
the content of the imported net game products. Censor committee
has its own office, which is responsible for routine of content
censored of the imported net game products.
Third, the operating unit who apply for importing the net
game products should take " network culture business
license " that Ministry of Culture authorized.
Fourth, the operational cultural unit of Internet should
carry on strictly verifying to the network game products content
of planning to import in accordance with relevant State regulations.
Fifth, after the products has been verified not having violated
content of illegality, the operational cultural unit of Internet
should put forward the application of reporting to a higher
authorities for approval to Ministry of Culture, and send
the following material:
(1) Examine the blue form return in imported network game
products content of Ministry of Culture (see affix 1) and
Imported network game products material registration form
of Ministry of Culture (see affix 2);
(2) Theme of the products and content manual;
(3) Production manipulation description (Chinese and foreign
text);
(4) Three products sample (Chinese and foreign text, including
net game software client program, regard CD-ROM or DVD CD
as media) , and offer the log-in account number and password,
this account number should possess supreme administration
authority (or the supreme rank user of the game);
(5) All of the game dialogue, asides, describing words and
the lyrics texts of the theme song and the episode (Chinese
and foreign text);
(6) Copyright trade agreement or agent agreement of the
products (Chinese and foreign text), original copyright certification,
the duplicate or the copy of authorization of copyright;
(7) Hierarchical appraisal or relevant identifications of
the products by the export country or area;
(8) " Network culture business license " and "
business license " copies of the applying unit;
(9) Verifying the result by oneself (including the relevant
explanation that perhaps the dispute content exists);
(10) Other files needed in content censored.
Sixth, forbidding the nonexclusive license game products
imported.
The copyright trade or agent agreement of the game products
must accord with " contract law ", " copyright
law "and other relevant regulations of laws and regulations
of our country, and have no apparently off-candid clause.
Only after the sanctioning in Ministry of Culture, these agreements
can come into effect.
Seventh, Once Ministry of Culture received the application
of the content censored of imported net game products, the
censor committee would exam the imported game products, and
put forward the first trial suggestion; When the first trial
is eligible, it could be permitted to public examine. Within
30 days after beginning of public examine, the content of
article17 of the " regulation " and the e-mail address
of censor committee office must be published on public examine
homepage. According to the examination content reported by
the censor committee and the public examining result, Ministry
of Culture would make of the examination board, make sanctioning
or decision which the department sanctions, When sanctioned,
the department issued and sanctioned the file, the product
can be put into operation formally; when did not sanction,
the department should give reasons.
According to the examination report and the public examination
result, the products needed revisal, it should be revised
in time, otherwise it would be refused to sanction.
Eighth, the imported net game products approved by Ministry
of Culture should show the authentication code of Ministry
of Culture in their obvious positions, can't alter its the
program name, or add or delete the content of the program
without authorization. It must use the approved Chinese program
name (foreign language name can be indicated in the bracket).
Once the patch or revision of the approved running net game
product causes the essence content changes, it should also
be submitted to Ministry of Culture for content censor.
Have not run, spread and circulated in domestic for one year
from date of approval, the imported unit should submit to
Ministry of Culture for record and state the reason; Once
the firm determined to terminate import, Ministry of Culture
would cancel its imported authentication code.
Ninth, the units who import and run the net game products
should strengthen the management, preventing the contents
that " regulation " forbids from running. Import,
reason of unit of operation, is it forbid content to produce,
import, the unit of operation should be to forbidding the
content to delete dealing with immediately, the important
problem backs up and combines reporting to Ministry of Culture
in time.
Tenth, the units who import net game products from China
Hongkong, Macao Special Administrative Region and Taiwan district
should go through the relevant formality according to the
censoring procedure of foreign net game product.
Eleventh, the units who have already run the imported net
game products and now are still running so far formally at
home before this notice is issued, should report to Ministry
of Culture to make up content censor formality at the request
of this notice before September 1st, 2004. Any unit that has
not reported over duly to a higher authorities for approval
will be investigated and dealt with according to law according
to propagating the imported net game products without authorization.
Twelfth, domestic net game product development and operation
unit should be carried on game product development and manage
according to national regulation and relevant requirement
of this notice. The domestic net game products should also
be submitted to our department for record before September
1st, 2004, obtain the record code, and indicate it in this
net game products homepage. Investigated and dealt with according
to law by the cultural administrative departments at all levels
to the one that violate national regulation.
It is hereby announced.
Affix:
1. Examining the blue form return in imported network game
products content of Ministry of Culture
2. Imported net game products material registration form of
Ministry of Culture
May 14th, 2004
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