Source text link: http://www.sara.gov.cn/qtldyw/364754.jhtml
Source: State Administration for Religious Affairs
2021-12-20
Translated by shifengyesu.org on 202-12-28
December 3, the National Religious Affairs Administration Order No. 17 announced the “Measures for the Administration of Religious Information Services on the Internet” (hereinafter referred to as “Measures”). Five ministries, namely the National Religious Affairs Administration, Cyberspace Administration of China, the Ministry of Industry and Information Technology, the Ministry of Public Security, and the Ministry of State Security, jointly developed the Measures, which will come into effect on March 1, 2022.
The Measures are formulated in accordance with the “Cyber Security Law of the People’s Republic of China”, “Measures for the Administration of Internet Information Services”, “Regulations on Religious Affairs” and other laws and regulations. The “Measures” adhere to the unity of protecting citizens’ freedom of religious belief and maintaining national ideological security, the unity of safeguarding the legitimate rights and interests of religious citizens and practicing socialist core values, the unity of regulating religious information services on the Internet and promoting the healthy religious tradition, the unity of rights and obligations, reflecting the principles of protecting the legitimate, stopping the illegal, curbing extremism, resisting infiltration, and combating crime.
The Measures consists of five chapters and 36 articles. It specifies that religious information services on the Internet should apply to the local religious affairs department at the provincial level for a permit. And it also specifies the conditions for permission, application materials, use of the name, time limit, etc. It specifies that online sermons should be conducted by religious groups, religious schools, temples, and churches that have obtained the “Permit for Religious Information Services on the Internet”. It specifies that, in addition to the situations as stipulated in Article 15 and Article 16 of the Measures, no organization or individual shall, on the Internet, preach, carry out religious education and training, publish sermon content, forward or link to relevant content, organize and conduct religious activities, or live stream or broadcast recorded religious ceremonies. It makes it clear that no organization or individual shall solicit donations in the name of religion on the Internet.
The full text of the Measures for the Administration of Religious Information Services on the Internet is as follows.
The Measures for the Administration of Religious Information Services on the Internet
Chapter I General Provisions
Article 1 This Measures are formulated in order to regulate religious information services on the Internet and to protect the freedom of religious belief of citizens, according to the “Cyber Security Law of the People’s Republic of China “, “Measures for the Administration of Internet Information Services”, “Regulations on Religious Affairs”, and other laws and regulations.
Article 2 The Measures apply to all religious information services on the Internet in the People’s Republic of China.
The religious information services on the Internet referred to in this Measures include Internet religious information publishing services, reposting services, dissemination platform services, and other services related to religious information on the Internet.
Article 3 Anyone who is engaged in religious information services on the Internet should abide by the Constitution, laws, regulations, and rules, practice the core values of socialism, adhere to the principle of independence and self-administration of religions in China, adhere to the direction of the Sinicization of religions in China, and actively guide religions to adapt to socialist society, and maintain religious harmony, social harmony, national harmony.
Article 4 The administration of religious information services on the Internet adheres to the principles of protecting legitimate, stopping illegal, curbing extremism, resisting infiltration, and combating crime.
Article 5 The religious affairs departments shall be responsible for the supervision and management of religious information services on the Internet while the Cyberspace Administration departments, the telecommunications authorities, public security organs, and state security organs, etc. shall be responsible for the relevant administrative work within their respective areas of responsibility.
Religious affairs departments at or above the provincial level should work with Cyberspace Administration departments, telecommunications authorities, public security organs, state security organs, etc. to establish a coordination mechanism for the management of religious information services on the Internet.
Chapter II Permit for religious information services on the Internet
Article 6 Any institution or individual that provides information on religious doctrines and regulations, religious knowledge, religious culture, religious activities, etc. to the public through Internet websites, APPs, forums, blogs, microblogs, public accounts, instant message tools, webcasts, etc. in the form of text, pictures, audio, and video, shall obtain a permit for religious information services on the Internet, and must meet the following requirements:
(a) The applicant is a registered or not registered organization established in accordance with the law in the People’s Republic of China, and its legal representative or principal leader is a mainland resident with Chinese nationality.
(b) There are information censors who are familiar with national religious policies and regulations and relevant religious knowledge.
(c) There is a sound management system for religious information services on the Internet.
(d) There should be a sound information security management system and safe and controllable technology support measures.
(e) There should be premises, facilities, and funds to match the service.
(f) the applicant and its legal representative or the main responsible person within the past three years have no criminal record, no violation of the relevant provisions of the management of religious affairs of the state.
Foreign organizations or individuals and their organizations established within China shall not engage in religious information services on the Internet in China.
Article 7 Before engaging in religious information services on the Internet, you should apply to religious affairs departments at the level of the local provinces, autonomous regions, or municipalities directly under the Central People’s Government, fill out the application form for religious information services on the Internet, and submit the following materials:
(a) The materials that the applicant has to establish or register the entity in accordance with the law and the identity documents of the legal representative or principal person in charge.
(b) The explanation of the religious information censor to participate in education and training on religious policies and regulations and related religious knowledge, as well as the ability to review information.
(c) The management system, information security management system, and technical support measures for religious information services on the Internet.
(d) The descriptions of the premises, facilities, and funds used to engage in religious information services on the Internet.
(e) The proofs that the applicant and its legal representative or the main responsible person within the last three years have no criminal record and no violation of the relevant provisions of the management of religious affairs in China.
(f) The categories, functional settings, and domain name registration-related materials to engage in religious information services on the Internet.
To apply for the provision of religious information dissemination platform services on the Internet, you should also submit the management rules and regulations for registered users of the platform, a sample user agreement, and the mechanism for handling complaints and reports. The sample user agreement with regard to the content of the religious information services on the Internet should be consistent with the relevant provisions of this Measures.
The application form for religious information services on the Internet shall be developed by the State Administration for Religious Affairs.
National religious groups and their religious schools that are to engage in religious information services on the Internet, should apply to the State Administration for Religious Affairs.
Article 8 The names used in the religious information services on the Internet, unless it is the same as the name of the applicant, shall not use the name of religious groups, religious schools, and religious premises, and shall not contain content prohibited by laws and administrative regulations.
Article 9 The department of religious affairs at or above the provincial level within 20 days from the date of acceptance of the application shall make a decision to approve or disapprove. If the decision is to approve, the Permit for Religious Information Services on the Internet is issued; if the decision is not to approve, the applicant shall be notified and given reasons in writing.
The Permit for Religious Information Service on the Internet shall be printed by the State Administration for Religious Affairs.
After the applicant obtains the “Permit for Religious Information Services on the Internet”, he or she should also complete the relevant procedures in accordance with the relevant provisions of the national regulations on the management of Internet information services.
Article 10 Engaged in religious information services on the Internet, you should display in a prominent position the number of “Permit for Religious Information Services on the Internet.”
Article 11 After the applicant obtains the “Permit for Religious Information Services on the Internet,” if occurred major matters affect the licensing conditions, you should report to the original issuing authority for review and approval; other conditions change, you should file with the original issuing authority.
Article 12 To end the religious information services on the Internet, you should go through the cancellation procedures within 30 days from the date of termination at the original issuing authority.
Article 13 “Permit for Religious Information Services on the Internet” is valid for three years. After the expiration of the validity period, if you intend to continue to engage in religious information services on the Internet, you should apply again to the original issuing authority 30 days before the expiration date.
Chapter III Management of religious information services on the Internet
Article 14 Religious information on the Internet shall not contain the following content:
(a) Using religion to incite subversion of state power, oppose the leadership of the Communist Party of China, undermine the socialist system, state unity, ethnic unity, and social stability, and advocate extremism, terrorism, ethnic separatism, and religious fanaticism.
(b) Using religion to obstruct the implementation of the national judicial, educational, marriage, social administrative, and other systems.
(c) Using religion to promote cults and feudal superstition, to harm the physical health of citizens, to deceive, or coerce to obtain property.
(d) Violating the principle of independence and self-management of religion in China.
(e) Disrupting the harmony between different religions, within the same religion, and between believing and non-believing citizens.
(f) Discriminating against or insulting believing citizens or non-believing citizens, harming the legitimate rights and interests of believing citizens or non-believing citizens.
(g) Engaging in illegal religious activities or facilitating illegal religious activities.
(h) Inducing minors to believe in religion, or organizing, or forcing minors to participate in religious activities.
(i) Conducting commercial promotion, and distributing and sending religious articles, internal religious publications, or illegal publications in the name of religion.
(J) Impersonating religious clergy to carry out activities.
(k) Violating the other relevant laws, administrative regulations, and national rules.
Article 15 The religious groups, religious schools, and temples and churches that have obtained the “Permit for Religious Information Services on the Internet”, can and only through their Internet sites, apps, forums, etc. preach scriptures or explain their doctrines and regulations by religious clergy and teachers of religious schools, in favor of social harmony, the progress of the times, healthy and civilized content, to guide the citizens of the faith to be patriotic and law-abiding. The participants of the sermon are managed by real names.
Article 16 The religious schools that have obtained the “Permit for Religious Information Services on the Internet”, can and only through their own special Internet sites, apps, forums, etc. to carry out religious education and training for students of religious schools and religious clergy. Special Internet sites, apps, forums, etc. must use a virtual private network connection to the outside world, and must verify the identity of those participating in education and training.
Article 17 Except for the circumstances specified in Article 15 and Article 16 of the Measures, no organization or individual shall preach on the Internet, carry out religious education and training, release sermon content, forward or link the relevant sermon content, organize and carry out religious activities on the Internet, or live stream or play recorded Buddha worship, incense burning, ordination, chanting, Christian worship, mass, baptism, etc. in the form of text, pictures, audio, and video, etc.
Article 18 Any organization or individual shall not establish religious organizations, religious schools, and places of religious activities on the Internet, or look for new believers on the Internet.
Article 19 Any organization or individual shall not solicit donations in the name of religion on the Internet.
If the charities initiated by religious groups, religious schools, and places of religious activities carry out charitable fund-raising on the Internet, they should comply with the relevant provisions of the “Charity Law of the People’s Republic of China.
Article 20 Those who provide Internet religious information dissemination platform services, should sign an agreement with the registered users of the platform and verify the real identity of registered users.
Article 21 The Internet information dissemination platforms without “Permit for Religious Information Services on the Internet”, should strengthen the management of registered users of the platform, and shall not provide users with Internet religious information dissemination services.
Article 22 When those who are engaged in religious information services on the Internet find any information in violation of the provisions of the Measures, shall immediately stop transmitting the information, take measures to eliminate and other disposal measures to prevent the proliferation of information, save the relevant records, and report to the relevant authorities.
Article 23 The religious affairs departments shall strengthen the daily guidance, supervision, and inspection of religious information services on the Internet, establish archives of violations committed by religious information services on the Internet, the list of objects subject to joint punishment for breaching trust, and interview system, strengthen the professional training of practitioners related to religious information services on the Internet, accept reports of illegal engagement in religious information services on the Internet, study and evaluate religious information on the Internet, and deal with illegal behaviors in conjunction with the Cyberspace Administration offices, the Telecommunications authorities, public security organs, and state security organs in accordance with the law.
Article 24 The Cyberspace Administration departments shall strengthen the Internet information content management and deal with illegal religious information on the Internet according to law.
Article 25 The telecommunications authorities shall strengthen the supervision of the Internet industry, be cooperative with dealing with illegal acts of engaging in religious information services on the Internet according to law.
Article 26 The public security organs shall strengthen the supervision and management of the security of Internet information services in accordance with the law to prevent and deal with illegal and criminal activities in religious information services on the Internet.
Article 27 The state security organs shall prevent and deal with foreign institutions, organizations, individuals, as well as domestic institutions, organizations, individuals colluding with foreign institutions, organizations, individuals in the use of religion on the Internet to carry out activities that endanger national security.
Chapter IV Legal Liability
Article 28 The applicant conceals the relevant information or provides false material to apply for a permit for religious information services on the Internet, religious affairs departments shall not accept or not permit and revoke the permit that has been granted in accordance with the law. And a warning shall be given.
As for those unauthorized engagements in Internet religious information services, the religious affairs department in conjunction with the competent telecommunications departments shall, in accordance with their duties, order the stopping of relevant service activities.
Article 29 As for those who violate the provisions of Article 10, Article 11, Article 14, Article 15, Article 16, Article 17, Article 18, Article 19, the religious affairs department shall order rectification within a specified period of time; if they refuse to do so, the religious affairs department shall impose punishment in conjunction with the Cyberspace Administration departments, telecommunications authorities, public security organs, and state security organs in accordance with the provisions of relevant laws and administrative regulations.
Article 30 When the registered users of the Internet religious information dissemination platform in violation of the provisions of the Measures, the religious affairs department in conjunction with the Cyberspace Administration departments and the public security organs, shall order the Internet religious information dissemination platform providers to take warning and rectification in accordance with the law by limiting the violater account’s functions or even close the account.
Article 31 As for those who violate not only the provisions of the Measures, but also the “Measures for the Administration of Internet Information Services” and the national regulations on Internet news and information services, Internet audio-visual program services, Internet publishing services, and other relevant management regulations, the religious affairs departments, the Cyberspace Administration departments, telecommunications authorities, public security organs, radio and television authorities, film authorities, and publishing authorities, etc. shall deal with them according to law.
Article 32 The state employees in the management of religious information services on the Internet who abuse their powers, neglect their duties, practice favoritism, shall be punished in accordance with the law.
Article 33 If a violation of the provisions of these measures, constitutes a violation of public security management behavior, shall be given public security management punishment; if it constitutes a crime, shall be held criminally responsible.
Chapter V Supplementary Provisions
Article 34 Those who have engaged in religious information services on the Internet before the implementation of the Measures, should apply for a permit in accordance with the relevant provisions of the Measures within six months from the date of implementation of the Measures.
Article 35 The Measures shall be interpreted by the State Administration for Religious Affairs, the Cyberspace Administration departments, the Ministry of Industry and Information Technology, the Ministry of Public Security, and the Ministry of State Security.
Article 36 The Measures shall come into force on March 1, 2022.