Editing Internet censorship in China (section)

==Legislative basis==
{{Further|Public opinion guidance}}[[File:Topology of the Chinese firewall.svg|thumb|right|A simplified topology of the Chinese firewall]]
The government of China defends its right to censor the Internet by claiming that this right extends from the country's own rules inside its borders. A white paper released in June 2010 reaffirmed the government's determination to govern the Internet within its borders under the jurisdiction of Chinese sovereignty.<ref>{{Cite web |title=The Internet in China |url=http://www.china.org.cn/government/whitepaper/node_7093508.htm |access-date=2021-05-24 |website=[[China Internet Information Center]] |archive-date=21 September 2020 |archive-url=https://web.archive.org/web/20200921102615/http://www.china.org.cn/government/whitepaper/node_7093508.htm |url-status=live }}</ref>{{Better source needed|reason=The current source is insufficiently reliable ([[WP:NOTRS]]).|date=August 2022}} The document states, "Laws and regulations prohibit the spread of information that contains content subverting state power, undermining national unity [or] infringing upon national honor and interests." It adds that foreign individuals and firms can use the Internet in China, but they must abide by the country's laws.<ref>{{cite news |url = http://news.bbc.co.uk/2/hi/8727647.stm |title = China defends internet censorship |work = BBC News |first = Michael |last = Bristow |date = 8 June 2010 |access-date = 2 June 2012 |archive-url = https://web.archive.org/web/20190701023627/http://news.bbc.co.uk/2/hi/8727647.stm |archive-date = 1 July 2019 |url-status = live }}</ref>

The Central Government of China started its [[Internet censorship]] with three regulations. The first regulation was called the Temporary Regulation for the Management of Computer Information Network International Connection. The regulation was passed in the 42nd Standing Convention of the State Council on 23 January 1996. It was formally announced on 1 February 1996, and updated again on 20 May 1997.<ref>Qiu, Jack L. Virtual Censorship in China: Keeping the Gate Between the Cyberspaces. International Journal of Communications Law and Policy. 4. 1999.</ref> The content of the first regulation stated that [[Internet service provider]]s be licensed and that Internet traffic goes through [[ChinaNet]], GBNet, [[CERNET]] or [[CSTNET]]. The second regulation was the Ordinance for Security Protection of Computer Information Systems. It was issued on 18 February 1994 by the State Council to give the responsibility of Internet security protection to the [[Ministry of Public Security of the People's Republic of China|Ministry of Public Security]].<ref>Taubman, G. (1998). 'A not-so world wide web: the Internet, China, and the challenges to the non-democratic rule.' Political Communication. 15, 255–272.</ref>

===Article 5 of the Computer Information Network and Internet Security, Protection, and Management Regulations===
The Ordinance regulation further led to the Security Management Procedures in Internet Accessing issued by the Ministry of Public Security in December 1997. The regulation defined "harmful information" and "harmful activities" regarding Internet usage.<ref>Guan, S. (1995). Intercultural communication (in Chinese). Beijing: Beijing University Press.</ref> Section Five of the Computer Information Network and Internet Security, Protection, and Management Regulations approved by the State Council on 11 December 1997 stated the following:

{{Blockquote|text=Article 5: No unit or fuchsia may use the Internet to create, replicate, retrieve, or transmit the following kinds of information:

(1) Inciting to resist or breaking the Constitution or laws or the implementation of administrative regulations;

(2) Inciting to overthrow the government or the socialist system;

(3) Inciting division of the country, harming national unification;

(4) Inciting hatred or discrimination among nationalities or harming the unity of the nationalities;

(5) Making falsehoods or distorting the truth, spreading rumors, destroying the order of society;

(6) Promoting feudal superstitions, sexually suggestive material, gambling, violence, murder,

(7) Terrorism or inciting others to criminal activity; openly insulting other people or distorting the truth to slander people;

(8) Injuring the reputation of state organs;

(9) Other activities against the Constitution, laws or administrative regulations.|author=Computer Information Network and Internet Security, Protection and Management Regulations

(Approved by the State Council on December 11, 1997 and promulgated by the Ministry of Public Security on December 30, 1997)|title=}}

(The "units" stated above refer to [[work unit]]s ({{Lang-zh|c=单位|p=Dānwèi}}) or more broadly, workplaces). As of 2021, the regulations are still active and govern the activities of Internet users online.<ref>{{Cite web|last=Xu|first=Lehman, Lee &|title=Chinese Law {{!}} China: Computer Information Network and Internet Security, Protection and Management Regulations – 1997|url=http://www.lehmanlaw.com/resource-centre/laws-and-regulations/information-technology/computer-information-network-and-internet-security-protection-and-management-regulations-1997.html|access-date=2021-08-02|website=www.lehmanlaw.com|archive-date=10 April 2023|archive-url=https://web.archive.org/web/20230410061052/https://www.lehmanlaw.com/resource-centre/laws-and-regulations/information-technology/computer-information-network-and-internet-security-protection-and-management-regulations-1997.html|url-status=live}}</ref>

=== Interim Regulations of the PRC on the Management of International Networking of Computer Information ===
In 1996, the [[Ministry of Commerce (China)|Ministry of Commerce]] created a set of regulations which prohibit connection to "international networks" or use of channels outside of those provided by official government service providers without prior approval or license from authorities.<ref>{{Cite web|title=Interim Regulations on the Management of International Networking of Computer Information|url=http://www.asianlii.org/cn/legis/cen/laws/irotmoinoci880/|access-date=2021-08-01|website=www.asianlii.org|archive-date=30 May 2021|archive-url=https://web.archive.org/web/20210530001104/http://asianlii.org/cn/legis/cen/laws/irotmoinoci880/|url-status=live}}</ref> The Ministry of Posts and Telecommunications has since been superseded by the [[Ministry of Industry and Information Technology]] or MIIT. To this date this regulation is still used to prosecute and fine users who connect to international networks or use VPNs.
{{Blockquote|text=Article 6: To carry out international networking of computer information, the output and input channels provided by the Ministry of Posts and Telecommunications in its public telecommunication network shall be used.

No units or individuals shall establish or use other channels for international networking on their own accord.

Article 14: Those that violate stipulations in articles 6, 8 and 10 shall be ordered by public security departments to stop networking, with a warning issued to them. They may also be imposed a fine below 15,000 yuan. If they have earned any illegal incomes, these incomes shall be confiscated.|title=Interim Regulations of the PRC on the Management of International Networking of Computer Information (1996)}}

===State Council Order No. 292===
In September 2000, State Council Order No. 292 created the first set of content restrictions for Internet content providers. China-based websites cannot link to overseas news websites or distribute news from overseas media without separate approval. Only "licensed print publishers" have the authority to deliver news online. These sites must obtain approval from state information offices and the State Council Information Agency. Non-licensed websites that wish to broadcast news may only publish information already released publicly by other news media. Article 11 of this order mentions that "content providers are responsible for ensuring the legality of any information disseminated through their services."<ref>{{cite web |url = http://www.cecc.gov/pages/virtualAcad/exp/explaws.php |title = CECC: Freedom of Expression – Laws and Regulations |access-date = 2 August 2008 |archive-url = http://webarchive.loc.gov/all/20040623205930/http://www.cecc.gov/pages/virtualAcad/exp/explaws.php |archive-date = 23 June 2004 |url-status = dead }}</ref> Article 14 gives Government officials full access to any kind of sensitive information they wish from providers of Internet services.

=== Cybersecurity Law of the People's Republic of China ===
{{Main|Cybersecurity Law of the People's Republic of China}}
On 6 November 2017, the [[Standing Committee of the National People's Congress]] promulgated a [[Cybersecurity Law of the People's Republic of China|cybersecurity law]] which among other things requires "network operators" to store data locally, hand over information when requested by state security organs and open software and hardware used by "critical information infrastructure" operators to be subject to national security review, potentially compromising source codes and security of encryption used by communications service providers.<ref>{{Cite web|title=Translation: Cybersecurity Law of the People's Republic of China (Effective June 1, 2017)|url=http://newamerica.org/cybersecurity-initiative/digichina/blog/translation-cybersecurity-law-peoples-republic-china/|access-date=2021-07-22|website=New America|language=en|archive-date=22 July 2021|archive-url=https://web.archive.org/web/20210722111828/https://www.newamerica.org/cybersecurity-initiative/digichina/blog/translation-cybersecurity-law-peoples-republic-china/|url-status=live}}</ref> The law is an amalgamation of all previous regulations related to Internet use and online censorship and unifies and institutionalises the legislative framework governing cyber control and content censorship within the country. Article 12 states that persons using networks shall not "overturn the socialist system, incite separatism" or "break national unity" further institutionalising the suppression of dissent online.<ref>{{Cite web|title=China's New Cybersecurity Law in Effect|url=https://www.gpminstitute.com/publications-resources/Global-Payroll-Magazine/august-september-2017/china%27s-new-cybersecurity-law-in-effect|access-date=2021-07-25|website=www.gpminstitute.com|archive-date=25 July 2021|archive-url=https://web.archive.org/web/20210725194239/https://www.gpminstitute.com/publications-resources/Global-Payroll-Magazine/august-september-2017/china%27s-new-cybersecurity-law-in-effect|url-status=live}}</ref>  
{{Blockquote|text=Article 12: Any person and organization using networks shall abide by the Constitution and laws, observe public order, and respect social morality; they must not endanger cybersecurity, and must not use the Internet to engage in activities endangering national security, national honor, and national interests; they must not incite subversion of national sovereignty, overturn the socialist system, incite separatism, break national unity, advocate terrorism or extremism, advocate ethnic hatred and ethnic discrimination, disseminate violent, obscene, or sexual information, create or disseminate false information to disrupt the economic or social order, or information that infringes on the reputation, privacy, intellectual property or other lawful rights and interests of others, and other such acts.|title=Cybersecurity Law of the People's Republic of China (2017)|source=Chapter I.}}

=== Data Security Law of the People's Republic of China ===
{{Main|Data Security Law of the People's Republic of China}}
On 10 June 2021, the Data Security Law was promulgated and took effect on 1 September 2021. The law builds on the Cybersecurity Law and significantly extends China's [[extraterritorial jurisdiction]] of its current data regulations over new categories of data. It establishes new rules for businesses interacting with Chinese citizens, both inside and beyond China's borders, to follow.<ref>{{Cite web |title=Data Security Law of the People's Republic of China |url=http://www.npc.gov.cn/englishnpc/c2759/c23934/202112/t20211209_385109.html |access-date=2023-12-28 |website=www.npc.gov.cn |archive-date=28 December 2023 |archive-url=https://web.archive.org/web/20231228020017/http://www.npc.gov.cn/englishnpc/c2759/c23934/202112/t20211209_385109.html |url-status=live }}</ref><ref>{{Cite web |last=Analytics |first=F. P. |date=2024-01-01 |title=Why China's New Data Security Law Is a Warning for the Future of Data Governance |url=https://foreignpolicy.com/2022/01/28/china-data-governance-security-law-privacy/ |access-date=2023-12-28 |website=Foreign Policy |language=en-US |archive-date=11 July 2024 |archive-url=https://web.archive.org/web/20240711002023/https://foreignpolicy.com/2022/01/28/china-data-governance-security-law-privacy/ |url-status=live }}</ref>
{{Blockquote|text=Article 2  This Law shall apply to data processing activities and security supervision and regulation of such activities within the territory of the People’s Republic of China.

Where data processing outside the territory of People’s Republic of China harms the national security, public interests, or the lawful rights and interests of individuals or organizations of the People’s Republic of China, legal liability shall be investigated in accordance with the law.|title=Data Security Law of the People's Republic of China (2021)|source=Chapter I.}}