Article 17. Where a user in China violates the provisions of these Measures
in one of the following manners, Xinhua News Agency shall give it a warning,
demand rectification within a prescribed time limit or order the designated
entities to suspend or rescind the subscription agreement, on the merits of each
case:
(1) using the news and information from a foreign news agency beyond the
scope as prescribed by the subscription agreement;
(2) transferring to another party news and information from a foreign news
agency that it has subscribed to; and
(3) failing to indicate the sources clearly when using news and information
from a foreign news agency.
Article 18. Where a unit or individual violates the provisions of these
Measures in one of the following manners, Xinhua News Agency shall submit a
proposal to the relevant department of the State Council to impose an
administrative penalty according to law:
(1) releasing news and information without approval by Xinhua News Agency or
subscribing to news and information of a foreign news agency without going
through the entity designated by Xinhua News Agency;
(2) distributing news and information of a foreign news agency or acting as
its agent without approval; and
(3) directly translating, editing or publishing news and information of a
foreign news agency without approval.
Article 19. Where a designated entity, in violation of the provisions of
these Measures, acts as an agent for distribution of the news and information of
a foreign news agency that has not obtained approval of Xinhua News Agency,
Xinhua News Agency shall order it to rectify, and disciplinary penalties shall
be imposed on the persons directly in charge and the other persons directly
responsible.
Article 20. Where a staff member of Xinhua News Agency commits one of the
following acts, Xinhua News Agency shall impose on him a disciplinary penalty:
(1) issuing approval document to an applicant that does not meet the
requirements specified in these Measures;
(2) failing to perform his duties of supervision and administration in
accordance with law;
(3) failing to investigate and deal with violations of law upon receiving
reports thereon; and
(4) abusing his powers, neglecting his duties, or engaging in malpractices
for personal gain, etc.
Article 21. These Measures shall be applied mutatis mutandis to the release
of news and information on the mainland by news agencies and other news and
information releasing entities of the nature of a news agency in the Hong Kong
Special Administrative Region, Macao Special Administrative Region and Taiwan.
Article 22. These Measures shall go into effect as of the date of
promulgation. The Methods for the Exercise of Administration over Publication in
China of Economic Information by Foreign News Agencies and Their Information
Subsidiaries, promulgated by Xinhua News Agency on April 15, 1996, are repealed
simultaneously.
