本文摘要:China is taking another step to restrict what can be posted on the Internet in its country by issuing new rules barring foreign companies or their affiliates from engaging in publishing online content there without government approval.中国正在


China is taking another step to restrict what can be posted on the Internet in its country by issuing new rules barring foreign companies or their affiliates from engaging in publishing online content there without government approval.中国正在采行又一项措施来容许该国互联网上公布的内容。新的规定将禁令外国公司或其分支机构在予以政府批准后的情况下公布网上内容。The rules, which were jointly released this week by the State Administration of Press, Publication, Radio, Film and Television and the Ministry of Industry and Information Technology, said that beginning March 10, foreign companies or foreign joint ventures will be restricted from disseminating a wide range of content online, including text, maps, games, animation, audio and video.这些规定由国家新闻出版广电总局与工业和信息化部在本周牵头公布,将从3月10日起实施。

它对外资或中外合资企业公布多种类型的网上内容展开了容许,还包括文字、地图、游戏、动漫、音频和视频。The rules also apply to digitized books, art, literature and science. The new regulations would allow foreign-owned companies to cooperate with a Chinese partner to publish content on the Web in China, but they must get government approval.该规定也限于于数字化图书、艺术、文学和科学领域的作品。

新的规定容许外国公司与中国合作伙伴一起,在中国的网络上公布内容,但必需取得政府的批准后。China already has some of the world’s most restrictive policies on the dissemination of information. Chinese TV and the news media are censored; the government has censors monitoring popular social media platforms, like WeChat; and American Internet giants, like Google, Facebook, YouTube and Twitter, have been blocked in China for years.对于信息的传播,中国的政策早已归属于世界上最严苛的级别。中国电视和新闻媒体遭审查;政府决定审查人员对微信等人气社交媒体平台展开监控;像谷歌(Google)、Facebook、YouTube和Twitter这样的美国互联网巨头,长年在中国遭屏蔽。Legal scholars say the new rules seem aimed at restricting any type of content that might be considered a threat to the Communist Party, or social stability, with the regulations hinting at a greater effort to bring anything published by foreign entities under Chinese law.一些法律学者回应,新的规定或许目的容许被指出对共产党、对社会平稳构成威胁的任何内容,而此举意味著,他们在加大力度,用中国法律来管控外国机构在这里公布的所有东西。

“This is the latest in a series of legal changes that seek to restrict the influence of foreign or western ideas,” said Jacques deLisle, an authority on Chinese law who teaches at the University of Pennsylvania. “And it’s also part of a larger attempt to exercise control over the Internet and new media.”“中国展开了一系列法律变动,企图容许境外或西方观念的影响,这是近期的一例,”中国法律方面的权威、宾夕法尼亚大学(University of Pennsylvania)的法学教授戴杰(Jacques deLisle)说道。“而且,这也是他们掌控互联网和新媒体的尝试之一。”The new regulations, though, do not detail exactly what types of content and which organizations would be affected. Though the new rules, for example, might seem to apply to foreign news organizations in China, existing rules already restrict global media outlets from posting content on the Internet using servers inside China. Most global news outlets, including The New York Times, are published on servers outside China, and are unlikely to be affected by the new rules.不过,新的规定并没详尽阐释它限于于哪些类型的内容,以及哪些的组织。


Still, legal experts say the regulations announced this week are broad enough to pose challenges to a wide range of foreign multinationals operating in China, since many of them act as distributors of online content or services.不过,法律专家回应,本周发布的规定覆盖面较为普遍,可能会对在中国经营的很多境外跨国公司构成挑战,因为其中不少机构获取网络内容或服务。There are also questions about how such regulations would be enforced, and what types of companies would be considered distributors of online content. As a result, they could raise market-access issues for foreign companies in China ahead of trade talks with the United States.此外,这些规定将如何实施,什么类型的公司将被视作在线内容渠道,也都还是未知数。


因此,这可能会在今后的中美贸易谈判中,明确提出外企在中国的市场准入问题。Analysts say Chinese laws are often vague and broad, which gives regulators the ability to claim greater jurisdiction. As a result, how laws are implemented is often more important than the letter of the law.分析人士称之为,中国的法律往往较为笼统,覆盖面普遍,从而为监管机构获取了声称较小管辖权的便捷。其结果就是,法律的实施方式往往比条文本身更为最重要。One key question is the impact such regulations would have on companies like Apple and Microsoft, which run online platforms in China that provide services and sometimes content. For example, Apple’s Chinese App Store offers games and other apps in the country while Microsoft has a joint venture through which it provides a cloud version of Windows and Office software. Internet companies, like Akamai and Cloud Flare, have operations that work to speed traffic to foreign websites or host them through servers in China.一个关键问题是,这些规定不会对苹果(Apple)、微软公司(Microsoft)这样的公司产生怎样的影响。

这些公司在中国经营在线平台,既获取服务,有时也获取内容。例如,苹果的中国应用于商店面向该国公众公布游戏等应用于,而微软公司正式成立了一家合资企业,通过它获取Windows和Office软件的云版本。还有像Akamai和Cloud Flare这样的互联网公司,它们或者减缓屡屡境外网站的速度,或者用中国境内的服务器托管地外国网站。

A large number of foreign games for smartphones are released through joint ventures between Chinese companies and multinationals, and it appears the new regulations could affect those partnerships.大量国外的智能手机游戏通过中国公司和跨国公司的合资企业公布,而新的规定可能会影响到这种合作。Multinational companies have long complained that the rules in China are discriminatory. Foreign firms need licenses that can be difficult to get to operate web services in China, and there are restrictions on their ability to invest in many Chinese sectors. Several big companies, including Microsoft, have also been the subject of anti-trust investigations.跨国公司长期以来仍然责怪中国的规定具备歧视性。外企要取得中国运营网络服务的许可证也许不会面对艰难,还有一些规定对它们在中国很多领域的投资展开了容许。

还包括微软公司在内的几家大公司还在遭到反垄断调查。The regulations stipulate that anything published online should “serve the people” and promote socialism and do no harm to national interests, barring, for instance, the spreading of rumors or propagating evil cults.这个规定回应,在网上公开发表内容应当“为人民服务”,为社会主义服务,无法伤害国家利益,不得散播谣言、鼓吹邪教等等。Paul Gillis, an accounting expert who teaches at Peking University in Beijing, says a lot will also be determined by the way China executes and enforces the rules, since there is tremendous variation in the way laws are enacted and enforced in the country and to whom they apply.在北京大学任教的会计学专家保罗·吉利斯(Paul Gillis)回应,许多事情各不相同中国贯彻执行这些规定的方式,因为在中国,法律限于于哪些对象、如何贯彻执行,不存在着千差万别。“What about law firms and accounting firms — are they going to be subject to these rules?” he said. “And what about companies that just have an instruction manual online, are they also going to fall under this type of rule?”“律师事务所和会计师事务所怎么办——它们必须遵循这些规定吗?”他提问。




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