Chapter IV Penalty Provisions

Article 25Where the culture administration department, the public security organ, the administrative department for industry and commerce or other relevant departments and their staff members take advantage of their office to accept other persons' money, property or other benefits, or illegally approve the establishment of a unit operating business premises for Internet access services that does not meet the statutory requirements for establishment, or fail to fulfill the duty of supervision according to law, or fail to investigate and deal with the illegal acts that they discover according to law, thereby violating the criminal law, the person directly in charge and other directly responsible persons shall be investigated for criminal liability in accordance with the provisions of the criminal law on the crime of acceptance of bribes, the crime of power abuse, the crime of neglect of duty or other crimes; those whose acts are not serious enough for criminal punishment shall be given an administrative sanction of demotion, dismissal from the post or discharge from public employment according to law.

Article 26Where any staff member of the culture administration department, the public security organ, the administrative department for industry and commerce or other relevant departments is engaged in business activities providing Internet access services or does so in a disguised form, or participates in business activities of a unit operating business premises for Internet access services or does so in a disguised form, he shall be given an administrative sanction of demotion, dismissal from the post or discharge from public employment according to law.

Where the culture administration department, the public security organ, the administrative department for industry and commerce or other relevant department commits any of the acts specified in the preceding paragraph, the person directly in charge and other directly responsible persons shall be given administrative sanctions in accordance with the provisions of the preceding paragraph.

Article 27Where anyone, in violation of the provisions of these Regulations, establishes business premises for Internet access services without authorization or engages in business activities providing Internet access services without authorization, the administrative department for industry and commerce shall, solely or jointly with the public security organ, ban such acts according to law, seal up the premises for the illegal business activities, and impound the special instruments and equipment for the illegal business activities; if the acts violate the criminal law, he shall be investigated for criminal liability in accordance with the provisions of the criminal law on the crime of illegal operation; if the acts are not serious enough for criminal punishment, the administrative department for industry and commerce shall confiscate his illegal income and the special instruments and equipment for illegal business activities; if the illegal turnover is not less than 10,000 yuan, a fine of not less than five times but not more than ten times of the illegal turnover shall be imposed concurrently; if the illegal turnover is less than 10,000 yuan, a fine of not less than 10,000 yuan but not more than 50,000 yuan shall be imposed concurrently.

Article 28Where a unit operating business premises for Internet access services , in violation of the provisions of these Regulations, alters, rents out, lends or transfers in any other form its Permit for Cyber-Culture Business, thereby violating the criminal law, it shall be investigated for criminal liability in accordance with the provisions of the criminal law on the crime of forging, altering, buying or selling official documents, certificates or seals of a State organ; if its acts are not serious enough for criminal punishment, the culture administration department shall revoke its Permit for Cyber-Culture Business and confiscate the illegal income; if the illegal turnover is not less than 5,000 yuan, a fine of not less than two times but not more than five times of the illegal turnover shall be imposed concurrently; if the illegal turnover is less than 5,000 yuan, a fine of not less than 5,000 yuan but not more than 10,000 yuan shall be imposed concurrently.

Article 29Where a unit operating business premises for Internet access services, in violation of the provisions of these Regulations, takes advantage of its premises to create, download, reproduce, search, release, spread or use in any other form any information involving the contents prohibited by the provisions of Article 14 of these Regulations, thereby violating the criminal law, it shall be investigated for criminal liability according to law; if its acts are not serious enough for criminal punishment, the public security organ shall give it a warning and confiscate the illegal income; if the illegal turnover is not less than 10,000 yuan, a fine of not less than two times but not more than five times of the illegal turnover shall be imposed concurrently; if the illegal turnover is less than 10,000 yuan, a fine of not less than 10,000 yuan but not more than 20,000 yuan shall be imposed concurrently; if the circumstances are serious, it shall be ordered to suspend its business for rectification, or even have its Permit for Cyber-Culture Business revoked by the culture administration department.

An consumer of Internet access services who commits any of the illegal acts specified in the preceding paragraph and thereby violates the criminal law shall be investigated for criminal liability according to law; if his acts are not serious enough for criminal punishment, he shall be punished by the public security organ in accordance with the provisions of the Regulations on Administrative Penalties for Public Security.

Article 30Where a unit operating business premises for Internet access services, in violation of the provisions of these Regulations, commits any of the following acts, the culture administration department shall give it a warning, and may concurrently impose a fine of not more than 15,000 yuan; if the circumstances are serious, it shall be ordered to suspend its business for rectification, or even have its Permit for Cyber-Culture Business revoked by the culture administration department:

(1) operating beyond the business hours;

(2) admitting minors to its premises;

(3) operating non-network games;

(4) stopping the implementation of technical management measures without authorization; or

(5) failing to hang its Permit for Cyber-Culture Business or a no-minors-in sign.