e-Commerce Laws in China and Hong Kong:
Integration or Separation?


Regulation of Web Content

Audio-Visual Products Online Trading
On March 27, 2000, The Ministry of Culture issued the Notice on Relevant Issues Concerning the Audio-Visual Products Online Trading (the Notice). The Notice declared the entities that undertaking online audio-visual products trading must apply for the license from local authorities and display its registration particulars on its website. The Notice specifically prohibits foreign-funded enterprises from engaging online audio-visual products trading. The online sale of imported audio-visual products and the online conduct of wholesale business in audio-visual products are also prohibited.

Movie, Radio and TV Transmission
According to the Notice on Further Administration on Transmitting Radio, TV and Movies Through the Internet to the Public, issued by the State General Bureau of Radio, TV and Movies (the SGBRTM) on October of 1999, the domestic entities must acquire the approval from the SGBRTM before transmitting the radio, TV, and movies through the Internet. In particular for news program, they must be produced and have been transmitted by domestic institutions.

Medicine and Pharmaceutical Information Service
Under the Measures for Administration of Internet Health and Medical Equipment Information Service, issued by Ministry of Health on January 8, 2001, the websites business that provide the health and medical equipment must procure an approval of the Ministries prior to applying for an operating license from the telecommunication administration. Under the Interim Provisions for the Administration of Online Pharmaceutical Information Services, issued by State Drug Administration on January 11, 2001, the business websites that provide online pharmaceutical information services require the approval of the State Drug Administration or its local branches.

e-Book and e-Magazine Publishing
The Interim Regulations on the Administration of Internet Publishing (IRAIP), jointly issued by the State Administration of Press and Publication (SAPP) and the Ministry of Information Industry on July 8, 2002 apply to the Internet information providers who engage in the dissemination of content to the public for their browsing, reading, using or downloading. IRAIP try to apply the current regulatory framework governing the publishing to the Internet publishing. According to the IRAIP, online publishers have to apply first to local SAPP, if agreed, then to the SAPP for the last approve. The regulations impose the control of the content of published (forbidding the divulging the State secret, harming racial unity, defamation, violence, erotica, and other information prohibited by law).


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