Tuesday, December 21, 2021

中央统战部网站 《互联网宗教信息服务管理办法》公布 (Central United Front Work Department Website Announcement: "Administrative Measures for Internet Religious Information Services")

 

Pix Credit HERE

With the Vanguard at the center of the nation's life, it ought not to be expected that alternative centers of mass mobilization would continue draw attention. That attention is focused on an increasingly tight supervision of religious activity, and an increasing sensitivity to the use of religion and religious institutions to project messages, sentiments or practices that challenge or at least diverge from the official line of the state authorities under the leadership of the Communist Party of China. That oversight now extends to emerging tech based media., and to the use of tech based media by religious individuals or organizaitons
Chinese President Xi Jinping has flagged a further tightening of control on religion, in a speech at a national religious work conference held in Beijing late last week. Xi said China would further promote “sinicisation of religion”, with a focus on strengthening control of online religious affairs. He emphasised that religious activities must be conducted within the boundary of the law, according to official Xinhua news agency. “Religious activities should be carried out within the scope stipulated by laws and regulations … and should not interfere with educational, judicial and administrative affairs as well as social life,” Xi said. (China tightens control of religion, with focus on national security)

 This move aligns with policy initiatives in other areas that seek to put the CPC in the center and to ensure that deviation from the ideological baseline of state and Party are more effectively policed.  That applies with some force recent to the efforts to tighten control of celebrity culture, and now with the more comprehensive management of religious activity online.

During the conference in Beijing on Dec. 3-4, Xi emphasized the importance of “upholding the principle of developing religions in the Chinese context and providing active guidance for the adaptation of religions to socialist society,” according to a statement from the CCP. Xi said China would further promote the Sinicization of religion, with a focus on strengthening control of online religious affairs, and insisted that all religious activities must be conducted within the boundary of the law, reports Xinhua news agency. . . He called for more surveillance and for punishing believers who use social networks for religious proselytization or criticism of the government’s religious policy. (China stresses more Marxism, tightening control of religion).

It was also reported that "Xi urged more nationalism, collectivism, socialism, and an improved understanding of history in the religious sector. He also emphasized the importance of the overall national security" (Xi Stresses Sinicization and Regulation of Religious Activities). This policy initiative has now been solidified in the form of 《互联网宗教信息服务管理办法 》("Administrative Measures for Internet Religious Information Services") circulated by 中央统战部网站 (Central United Front Work Department) website. The CUFWD release described the new measures this way:

The "Measures" insist on the unity of safeguarding citizens’ freedom of religious belief and safeguarding national ideological security, maintaining the unity of safeguarding the legitimate rights and interests of religious citizens and practicing the core values ​​of socialism, uniting the standardization of Internet religious information services and promoting the healthy inheritance of religions, and upholding rights Integrate with obligations and embody the principles of protecting legality, curbing illegality, curbing extremism, resisting infiltration, and fighting crime. (互联网宗教信息服务管理办法》公布)

The system is permit oriented. 

 The measures stipulated that online preaching should be organized and carried out by religious groups, temples and churches and religious colleges that have obtained the Internet Religious Information Service Permit. With the Permit, they could preach religious doctrines online that are conducive to social harmony and civilization, and guide religious people to be patriotic to the country and abide by the law, only via their own specialized internet websites, applications or forums that are approved by law. Participants shall register using their real names. With the Permit, religious colleges are able to train their students and religious people on their specialized internet websites, applications or forums approved according to law. Their specialized internet sites, applications and forums must use a virtual specialized network to connect to the outside world, and verify the identity of personnel participating in the training, the measures said. (Overseas organizations, individuals not allowed to operate online religious info services within the Chinese territory: regulations).

The Measures make it clear that foreign organizations and individuals would find it vcirtually impossible to project their missions into China. Of particular interest is Article 27:

 Article 27: National security agencies shall guard against and deal with foreign institutions, organizations, and individuals in accordance with the law, as well as domestic institutions, organizations, and individuals colluding with foreign institutions, organizations, and individuals to use religion to conduct activities that endanger national security on the Internet. [第二十七条 国家安全机关应当依法防范和处置境外机构、组织、个人,以及境内机构、组织、个人与境外机构、组织、个人相勾结在互联网上利用宗教进行的危害国家安全活动。]
This provision appears to extend a substantial scope of discretionary authority in officials to harden barriers between domestic religious collectives and their connection with the rest of the communities of the faithful elsewhere.  It is meant, it appears to detach Chinese communities of believers from the rest of belief communities elsewhere,  It substitutes national solidarity within territorial borders for religious solitary across borders. In these respects it expands and refines current policies rather than creates new ones. The operative policy here is supervision and approval. The policy goal is convergence of religious and political lines and the constitution of dependent national religious communities.Religious practice, and the expression of religion, is permitted, as long as both individual and expression are approved by the state and are compatible with state policy. Religious practice and expression that is incompatible with state ideology and policy may be managed or suppressed, and those engaging in such practices punished.

These measures are not new to Chinese tradition, though their current expression is more advanced.  As that policy trajectory evolves, however, it more and more directly comes into conflict with the trajectories of religious freedom development in  liberal democratic states, and the ancient traditions of transnational religious communities--not just the Abrahamic faiths, but others as well. "Last month, China was among several nations designated by the US as “countries of particular concern” for violations of religious freedom." (China to promote 'sinicization of religion', says Xi Jinping: He said that religious groups should stand as a bridge and a bond connecting the party and the government with people).

 The Measures also suggest the growing space between the core principles and sensibilities that drive the dialogue around the legal relationship between public authorities and religious communities outside of China, and Chinese approaches to the relationship of state and religion.  Outside of China remains grounded in individual rights and autonomy, but rights also collectivized within the religious communities in which individuals express belief through ritual performance.  There is also a wide area of space available (at least in liberal democratic orders, mirrored in the jurisprudence of regional human rights authorities) of an expressive space for religious belief that may acquire a political dimension int he form of challenges to state policies. That is highly contested, of course, especially in traditional societies where laws against apostasy and insults to religion have substantial regulatory effect and tend to marginalize the voices of religious minorities--assuming they are tolerated at all. But it is also contested, at least at its borders in states that embrace policies of laïcité. The dialogue about religion and its exercise are now more clearly built on quite different core principles in China and elsewhere. And like so many other areas that were once at the core of global principles of convergence, religion and religious communities are now part of the movement advancing principles of national detachment and management. 

Pix Credit HERE
As one considers the emerging Chinese position, it might be useful to have in mind another Asian state in another time, a historical moment exquisitely rendered by Martin Scorsese in Silence (2016). There is a scene between the missionary priest (Rodrigues), now captured, and the Japanese the Governor of Chikugo and Inquisitor (Inoue) enforcing a national regime in which foreign religions (variations of Christianity) have been suppressed. The scene suggests not a clash of regimes but a clash of fundamental ways of understanding the world ought to be ordered--along with the tragedies that result when two ways of looking at the world, fundamentally incompatible, meet as one projects itself into the other.

INOUE: (laughs lightly) Don't you think it would be better for the man to forget about foreign women and choose one of his own?
RODRIGUES: Nationality is not so important in a marriage. What matters is love and fidelity.
INOUE: Love? Padre, there are men who are plagued by the persistent love of an ugly woman.
RODRIGUES: That’s what you think missionary work is?
INOUE: Well, from my point of view...our point of view...yes. What is the word for a woman who cannot bear children? INTERPRETER: Barren.
INOUE: A barren woman cannot be a true wife.
RODRIGUES: If the Gospel has lost its way here, it’s not the fault of the church. It’s the fault of those who tear the faithful from their faith like a husband from a wife.
INOUE: (Quietly) You mean me. . . Padre, you missionaries do not seem to know Japan.
RODRIGUES: And you, honorable Inquisitor, do not seem to know Christianity.
Silence. They have checkmated one another. For the moment.
INOUE: Padre, there are those...there are many...who think of your religion as a curse. I do not. I see it in another way. But still dangerous. (he rises) I’d like you to think about the persistent love of an ugly woman. And about how a barren woman should never be a wife. (Silence (2016), Script pp. 85-86).

Globalization and the fundamental premise of convergence, of toleration and unity in diversity, was meant ot make this sort of clash obsolete, or at least benign.  But that moment seems to have passed.  And place of a fundamental commitment to convergence, we appear to find ourselves in a global order that ir ordered on a core principle of decoupling, and no more so in the realm of religion.  This is not a uniquely "Chinese" problem, but one that appears now in different parts of the world but in different forms, each in their own way undermining that effort to naturalize a way of looking at the relationship between the state and religion that finds its home most comfortably in liberal democratic states and in the documentary discourse of international instruments first empowered in the shadow of the Jewish European Holocaust.

The full text of 《互联网宗教信息服务管理办法 》("Administrative Measures for Internet Religious Information Services") circulated by 中央统战部网站 (Central United Front Work Department) website appears below in the original Chinese and in a crude English translation. 

 

 "Administrative Measures for Internet Religious Information Services" announced


Release time: 2021-12-20
Source: Central United Front Work Department website
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On December 3, Order No. 17 of the State Administration of Religious Affairs promulgated the "Measures for the Administration of Internet Religious Information Services" (hereinafter referred to as the "Measures"). , The five departments of the Ministry of Public Security and the Ministry of National Security are jointly formulated and implemented on March 1, 2022.

The "Measures" are formulated in accordance with the "Network Security Law of the People's Republic of China", "Internet Information Service Management Measures", and "Regulations on Religious Affairs" and other laws and regulations. The "Measures" insist on the unity of safeguarding citizens’ freedom of religious belief and safeguarding national ideological security, maintaining the unity of safeguarding the legitimate rights and interests of religious citizens and practicing the core values ​​of socialism, uniting the standardization of Internet religious information services and promoting the healthy inheritance of religions, and upholding rights Integrate with obligations and embody the principles of protecting legality, curbing illegality, curbing extremism, resisting infiltration, and fighting crime.

The Measures have five chapters and thirty-six articles. It is clear that to engage in Internet religious information services, an application should be submitted to the religious affairs department of the provincial people's government at the local level, and it also stipulates licensing conditions, application materials, name of use, and acceptance time limit. It is clarified that online preaching should be organized by religious groups, religious schools, and temples and churches that have obtained the "Internet Religious Information Service License". Except for the circumstances stipulated in Articles 15 and 16 of the Measures, no organization or individual may upload teachings on the Internet, conduct religious education and training, publish lectures and preaching content, or forward or link related content, Religious activities organized and carried out on the Internet shall not be broadcast live or recorded and broadcast religious ceremonies. It is clear that no organization or individual may conduct fundraising in the name of religion on the Internet.

The full text of the "Administrative Measures for Internet Religious Information Services" is as follows.

Measures for the Administration of Internet Religious Information Services

Chapter 1 General Provisions

Article 1 In order to regulate Internet religious information services and protect citizens’ freedom of religious belief, these measures are formulated in accordance with the "Network Security Law of the People's Republic of China", "Internet Information Service Management Measures", "Regulations on Religious Affairs" and other laws and regulations.

Article 2 These Measures apply to Internet religious information services within the territory of the People's Republic of China.

Internet religious information services mentioned in these Measures include Internet religious information publishing services, reprinting services, dissemination platform services, and other services related to Internet religious information.

Article 3 Engaging in Internet religious information services shall abide by the Constitution, laws, regulations and rules, practice the core socialist values, adhere to the principle of independence and self-management of religions in China, adhere to the direction of the sinicization of religions in China, and actively guide religions to adapt to socialist society , To maintain religious harmony, social harmony, and national harmony.

Article 4 The management of Internet religious information services adheres to the principles of protecting lawfulness, stopping illegality, restraining extremism, resisting infiltration, and fighting crime.

Article 5 Religious affairs departments shall supervise and manage Internet religious information services in accordance with the law, and cybersecurity and informatization departments, telecommunications authorities, public security organs, and national security organs shall be responsible for relevant administrative management work in accordance with the law within the scope of their respective duties.

The religious affairs department of the people's government at or above the provincial level shall establish a coordination mechanism for the management of Internet religious information services in conjunction with network information departments, telecommunications authorities, public security organs, and national security organs.

Chapter II Licensing of Internet Religious Information Services

Article 6 Provide the public with religious doctrines, rules, religious knowledge, and religion in the form of text, pictures, audio and video through Internet sites, applications, forums, blogs, microblogs, public accounts, instant messaging tools, webcasts, etc. The service of cultural and religious activities and other information shall obtain an Internet religious information service license and meet the following conditions:

(1) The applicant is a legal person organization or an unincorporated organization legally established within the territory of the People's Republic of China, and its legal representative or main person in charge is a mainland resident with Chinese nationality;

(2) There are information reviewers who are familiar with national religious policies and regulations and relevant religious knowledge;

(3) Having a sound Internet religious information service management system;

(4) Having a sound information security management system and safe and controllable technical safeguard measures;

(5) Have places, facilities and funds that match the service;

(6) The applicant and his legal representative or main person in charge shall have no criminal record or conduct in violation of the relevant regulations of the state's management of religious affairs in the past 3 years.

Overseas organizations or individuals and organizations established in China shall not engage in Internet religious information services in China.

Article 7 To engage in Internet religious information services, one should apply to the religious affairs department of the people's government of the province, autonomous region, or municipality directly under the Central Government where it is located, fill in an application form for Internet religious information services, and submit the following materials:

(1) The applicant's legally established or registered materials and the ID card of the legal representative or the main person in charge;

(2) Religious information review personnel participate in the education and training of religious policies and regulations and related religious knowledge, and a description of their ability to review;

(3) Internet religious information service management system, information security management system and technical safeguard measures materials;

(4) Description of the places, facilities and funds used to engage in Internet religious information services;

(5) The applicant and his/her legal representative or main person in charge have no criminal record and no violation of the state's relevant regulations on the management of religious affairs in the past 3 years.

(6) Columns, function settings and domain name registration related materials intended to be engaged in Internet religious information services.

Those who apply for the provision of Internet religious information dissemination platform services shall also submit the platform's registered user management rules and regulations, user agreement templates, complaints and reports handling mechanisms, etc. The content of the template user agreement involving Internet religious information services shall comply with the relevant provisions of these Measures.

The format of the application form for Internet religious information services is formulated by the State Administration of Religious Affairs.

National religious groups and their religious institutions engaged in Internet religious information services should apply to the State Administration of Religious Affairs.

Article 8 The names used for Internet religious information services shall not be the names of religious groups, religious schools, religious activities venues, etc., except that the names of the applicants are the same, and shall not contain content prohibited by laws and administrative regulations.

Article 9 The religious affairs department of the people's government at or above the provincial level shall make a decision of approval or disapproval within 20 days from the date of acceptance of the application. If the approval decision is made, the "Internet Religious Information Service License" shall be issued; if the approval decision is made, the applicant shall be notified in writing and the reasons shall be explained.

The "Internet Religious Information Service License" is printed by the State Administration of Religious Affairs.

After the applicant obtains the "Internet Religious Information Service License", it shall also go through relevant procedures in accordance with the relevant provisions of the state's Internet information service management.

Article 10 To engage in Internet religious information services, the serial number of the "Internet Religious Information Service Permit" shall be clearly displayed in a prominent position.

Article 11 After the applicant obtains the "Internet Religious Information Service License", if a major matter affects the licensing conditions, it shall be reported to the original license-issuing authority for review and approval; other changes shall be filed with the original license-issuing authority.

Article 12 Anyone who terminates Internet religious information services shall go through the cancellation procedures at the original issuing authority within 30 days from the date of termination.

Article 13 The "Internet Religious Information Service License" is valid for 3 years. Those who intend to continue to engage in Internet religious information services after the expiration of the validity period shall re-apply to the original issuing authority 30 days before the expiration of the validity period.

Chapter III Internet Religious Information Service Management

Article 14 Internet religious information must not contain the following content:

(1) Using religion to incite subversion of state power, oppose the leadership of the Communist Party of China, undermine the socialist system, national unity, national unity and social stability, and promote extremism, terrorism, national separatism and religious fanaticism;

(2) Using religion to obstruct the implementation of the state's judicial, education, marriage, and social management systems;

(3) Use religion to promote cults and feudal superstition, or use religion to damage citizens' health, deceive or coerce to obtain property;

(4) Violating the principle of religious independence and self-management in our country;

(5) Undermining the harmony between different religions, within the same religion, and between religious citizens and non-religious citizens;

(6) Discriminating or insulting religious or non-religious citizens, and harming the lawful rights and interests of religious or non-religious citizens;

(7) Engaging in illegal religious activities or providing convenience for illegal religious activities;

(8) Inducing minors to believe in religion, or organizing or forcing minors to participate in religious activities;

(9) Conducting commercial propaganda in the name of religion, distributing or sending religious articles, religious internal information publications and illegal publications;

(10) Impersonating religious clerics to carry out activities;

(11) Other content prohibited by relevant laws, administrative regulations and state regulations.

Article 15 Religious groups, religious schools, and temples and churches that have obtained the "Internet Religious Information Service Permit" can, and only limited to, use their own Internet sites, applications, forums, etc., to be provided by religious clerics, religious institutions, etc. School teachers give lectures and preach, explain the contents of the doctrines and rules that are conducive to social harmony, progress of the times, health and civilization, and guide religious citizens to love the country and abide by the law. Personnel participating in preaching and preaching shall be managed by real names.

Article 16 Religious colleges and universities that have obtained the "Internet Religious Information Service Permit" can, and are limited to, use their own dedicated Internet sites, applications, forums, etc., to provide religious services to students of religious colleges and religious staff. Education and training. Private Internet sites, applications, forums, etc. must use a virtual private network to connect to the outside world, and verify the identity of personnel participating in education and training.

Article 17 Except for the circumstances stipulated in Article 15 and Article 16 of these Measures, no organization or individual may upload teachings on the Internet, conduct religious education and training, publish lectures and preaching content, or forward or link related content. Religious activities shall not be organized and carried out on the Internet, and religious ceremonies such as worshiping Buddha, burning incense, taking ordination, chanting, worship, mass, and baptism shall not be broadcasted live or recorded in the form of text, pictures, audio and video.

Article 18 No organization or individual may establish religious organizations, establish religious academies and venues for religious activities, or develop followers on the Internet.

Article 19 No organization or individual may conduct fundraising in the name of religion on the Internet.

Charitable organizations initiated and established by religious groups, religious schools, and religious activity venues to conduct charitable fundraising on the Internet shall comply with the relevant provisions of the Charity Law of the People's Republic of China.

Article 20 Those who provide Internet religious information dissemination platform services shall sign an agreement with registered users of the platform to verify their true identity information.

Article 21 Internet information dissemination platforms that have not obtained the "Internet Religious Information Service License" shall strengthen the management of registered users of the platform, and shall not provide users with Internet religious information publishing services.

Article 22 When engaging in Internet religious information services and discovering information that violates the provisions of these Measures, it shall immediately stop the transmission of the information, take disposal measures such as elimination, prevent the spread of the information, save relevant records, and report to the relevant competent authority.

Article 23: Religious affairs departments shall strengthen daily guidance, supervision, and inspection of Internet religious information services, establish Internet religious information service violation files, list of targets for joint punishment for dishonesty, and interview systems, and strengthen relevant practitioners of Internet religious information services Provide professional training, accept reports on illegal Internet religious information services, research and judge Internet religious information, and work with cybersecurity and informatization departments, telecommunications authorities, public security agencies, and national security agencies to deal with illegal acts in accordance with the law.

Article 24: The cybersecurity and informatization department shall strengthen the management of Internet information content and deal with illegal Internet religious information in accordance with the law.

Article 25: The competent department of telecommunications shall strengthen the supervision of the Internet industry, and cooperate in the handling of illegal Internet religious information services in accordance with the law.

Article 26: Public security organs shall strengthen the supervision and management of the safety of Internet information services in accordance with the law, and prevent and deal with illegal and criminal activities in Internet religious information services.

Article 27: National security agencies shall guard against and deal with foreign institutions, organizations, and individuals in accordance with the law, as well as domestic institutions, organizations, and individuals colluding with foreign institutions, organizations, and individuals to use religion to conduct activities that endanger national security on the Internet.

Chapter IV Legal Responsibilities

Article 28 Where the applicant conceals the relevant information or provides false materials to apply for the Internet religious information service license, the religious affairs department shall not accept or grant the license. If the license has been granted, the license shall be revoked according to law and a warning shall be given.

Those who engage in Internet religious information services without authorization shall be ordered by the religious affairs department in conjunction with the competent telecommunications department to stop relevant service activities in accordance with their duties.

Article 29 Violation of Article 10, Article 11, Article 14, Article 15, Article 16, Article 17, Article 18, Article 19 of these Measures shall be subject to Religious affairs departments shall order corrections within a time limit; if they refuse to make corrections, they shall be punished in accordance with relevant laws and administrative regulations in conjunction with network information departments, telecommunications authorities, public security organs, and national security organs.

Article 30: If a registered user of an Internet religious information dissemination platform violates the provisions of these Measures, the religious affairs department, in conjunction with the cybersecurity and informatization department, and the public security organ, shall order the provider of the Internet religious information dissemination platform to take warnings, rectifications, restrict functions, and close accounts in accordance with the law. measure.

Article 31 Anyone who violates the provisions of these Measures and also violates the "Administrative Measures on Internet Information Services" and the state's relevant regulations on Internet news information services, Internet audio-visual program services, online publishing services, etc. shall be subject to the religious affairs department and the Internet information department. , Telecommunication authorities, public security organs, radio and television authorities, film authorities, publishing authorities, etc. shall be dealt with in accordance with the law.

Article 32 State functionaries who abuse their powers, neglect their duties, or engage in malpractices for personal gains in the management of Internet religious information services shall be punished in accordance with the law.

Article 33 Anyone who violates the provisions of these Measures and constitutes a violation of public security management shall be given public security management penalties according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter V Supplementary Provisions

Article 34 Those who have engaged in Internet religious information services before the implementation of these Measures shall go through relevant procedures in accordance with the relevant provisions of these Measures within 6 months from the date of implementation of these Measures.

Article 35 The State Administration of Religious Affairs, the State Internet Information Office, the Ministry of Industry and Information Technology, the Ministry of Public Security and the Ministry of National Security are responsible for the interpretation of these Measures.

Article 36 These Measures shall come into force on March 1, 2022.

 

《互联网宗教信息服务管理办法》公布


发布时间:2021-12-20
来源:中央统战部网站
【字体:

12月3日,国家宗教事务局令第17号公布了《互联网宗教信息服务管理办法》(以下简称《办法》),《办法》由国家宗教事务局、国家互联网信息办公室、工业和信息化部、公安部和国家安全部五部门联合制定,自2022年3月1日起施行。

《办法》根据《中华人民共和国网络安全法》《互联网信息服务管理办法》《宗教事务条例》等法律法规制定。《办法》坚持保障公民宗教信仰自由与维护国家意识形态安全相统一,坚持维护信教公民合法权益与践行社会主义核心价值观相统一,坚持规范互联网宗教信息服务与促进宗教健康传承相统一,坚持权利与义务相统一,体现保护合法、制止非法、遏制极端、抵御渗透、打击犯罪的原则。

《办法》共五章三十六条,明确从事互联网宗教信息服务,应当向所在地省级人民政府宗教事务部门提出申请,并对许可条件、申请材料、使用名称、受理时限等作了规定。明确网上讲经讲道应当由取得《互联网宗教信息服务许可证》的宗教团体、宗教院校和寺观教堂组织开展。明确除《办法》第十五条、第十六条规定的情形外,任何组织或者个人不得在互联网上传教,不得开展宗教教育培训、发布讲经讲道内容或者转发、链接相关内容,不得在互联网上组织开展宗教活动,不得直播或者录播宗教仪式。明确任何组织或者个人不得在互联网上以宗教名义开展募捐。

《互联网宗教信息服务管理办法》全文如下。

互联网宗教信息服务管理办法

第一章 总则

第一条 为了规范互联网宗教信息服务,保障公民宗教信仰自由,根据《中华人民共和国网络安全法》《互联网信息服务管理办法》《宗教事务条例》等法律法规,制定本办法。

第二条 在中华人民共和国境内从事互联网宗教信息服务,适用本办法。

本办法所称互联网宗教信息服务,包括互联网宗教信息发布服务、转载服务、传播平台服务以及其他与互联网宗教信息相关的服务。

第三条 从事互联网宗教信息服务,应当遵守宪法、法律、法规和规章,践行社会主义核心价值观,坚持我国宗教独立自主自办原则,坚持我国宗教中国化方向,积极引导宗教与社会主义社会相适应,维护宗教和顺、社会和谐、民族和睦。

第四条 互联网宗教信息服务管理坚持保护合法、制止非法、遏制极端、抵御渗透、打击犯罪的原则。

第五条 宗教事务部门依法对互联网宗教信息服务进行监督管理,网信部门、电信主管部门、公安机关、国家安全机关等在各自职责范围内依法负责有关行政管理工作。

省级以上人民政府宗教事务部门应当会同网信部门、电信主管部门、公安机关、国家安全机关等建立互联网宗教信息服务管理协调机制。

第二章 互联网宗教信息服务许可

第六条 通过互联网站、应用程序、论坛、博客、微博客、公众账号、即时通信工具、网络直播等形式,以文字、图片、音视频等方式向社会公众提供宗教教义教规、宗教知识、宗教文化、宗教活动等信息的服务,应当取得互联网宗教信息服务许可,并具备下列条件:

(一)申请人是在中华人民共和国境内依法设立的法人组织或者非法人组织,其法定代表人或者主要负责人是具有中国国籍的内地居民;

(二)有熟悉国家宗教政策法规和相关宗教知识的信息审核人员;

(三)有健全的互联网宗教信息服务管理制度;

(四)有健全的信息安全管理制度和安全可控的技术保障措施;

(五)有与服务相匹配的场所、设施和资金;

(六)申请人及其法定代表人或者主要负责人近3年内无犯罪记录、无违反国家宗教事务管理有关规定的行为。

境外组织或者个人及其在境内成立的组织不得在境内从事互联网宗教信息服务。

第七条 从事互联网宗教信息服务,应当向所在地省、自治区、直辖市人民政府宗教事务部门提出申请,填报互联网宗教信息服务申请表,并提交下列材料:

(一)申请人依法设立或者登记备案的材料以及法定代表人或者主要负责人身份证件;

(二)宗教信息审核人员参加宗教政策法规和相关宗教知识的教育培训,以及具备审核能力的情况说明;

(三)互联网宗教信息服务管理制度、信息安全管理制度和技术保障措施材料;

(四)用于从事互联网宗教信息服务的场所、设施和资金情况说明;

(五)申请人及其法定代表人或者主要负责人近3年内无犯罪记录和无违反国家宗教事务管理有关规定情况承诺书;

(六)拟从事互联网宗教信息服务的栏目、功能设置和域名注册相关材料。

申请提供互联网宗教信息传播平台服务的,还应当提交平台注册用户管理规章制度、用户协议范本、投诉举报处理机制等。用户协议范本涉及互联网宗教信息服务的内容应当符合本办法有关规定。

互联网宗教信息服务申请表式样由国家宗教事务局制定。

全国性宗教团体及其举办的宗教院校从事互联网宗教信息服务,应当向国家宗教事务局提出申请。

第八条 从事互联网宗教信息服务所使用的名称,除与申请人名称相同以外,不得使用宗教团体、宗教院校和宗教活动场所等名称,不得含有法律、行政法规禁止的内容。

第九条 省级以上人民政府宗教事务部门自受理申请之日起20日内作出批准或者不予批准的决定。作出批准决定的,核发《互联网宗教信息服务许可证》;作出不予批准决定的,应当书面通知申请人并说明理由。

《互联网宗教信息服务许可证》由国家宗教事务局印制。

申请人取得《互联网宗教信息服务许可证》后,还应当按照国家互联网信息服务管理有关规定办理相关手续。

第十条 从事互联网宗教信息服务,应当在显著位置明示《互联网宗教信息服务许可证》编号。

第十一条 申请人取得《互联网宗教信息服务许可证》后,发生影响许可条件重大事项的,应当报原发证机关审核批准;其他事项变更,应当向原发证机关备案。

第十二条 终止互联网宗教信息服务的,应当自终止之日起30日内,到原发证机关办理注销手续。

第十三条 《互联网宗教信息服务许可证》有效期3年。有效期届满后拟继续从事互联网宗教信息服务的,应当在有效期届满30日前,向原发证机关重新提出申请。

第三章 互联网宗教信息服务管理

第十四条 互联网宗教信息不得含有下列内容:

(一)利用宗教煽动颠覆国家政权、反对中国共产党的领导,破坏社会主义制度、国家统一、民族团结和社会稳定,宣扬极端主义、恐怖主义、民族分裂主义和宗教狂热的;

(二)利用宗教妨碍国家司法、教育、婚姻、社会管理等制度实施的;

(三)利用宗教宣扬邪教和封建迷信,或者利用宗教损害公民身体健康,欺骗、胁迫取得财物的;

(四)违背我国宗教独立自主自办原则的;

(五)破坏不同宗教之间、同一宗教内部以及信教公民与不信教公民之间和睦相处的;

(六)歧视、侮辱信教公民或者不信教公民,损害信教公民或者不信教公民合法权益的;

(七)从事违法宗教活动或者为违法宗教活动提供便利的;

(八)诱导未成年人信教,或者组织、强迫未成年人参加宗教活动的;

(九)以宗教名义进行商业宣传,经销、发送宗教用品、宗教内部资料性出版物和非法出版物的;

(十)假冒宗教教职人员开展活动的;

(十一)有关法律、行政法规和国家规定禁止的其他内容的。

第十五条 取得《互联网宗教信息服务许可证》的宗教团体、宗教院校和寺观教堂,可以且仅限于通过其依法自建的互联网站、应用程序、论坛等由宗教教职人员、宗教院校教师讲经讲道,阐释教义教规中有利于社会和谐、时代进步、健康文明的内容,引导信教公民爱国守法。参与讲经讲道的人员实行实名管理。

第十六条 取得《互联网宗教信息服务许可证》的宗教院校,可以且仅限于通过其依法自建的专用互联网站、应用程序、论坛等开展面向宗教院校学生、宗教教职人员的宗教教育培训。专用互联网站、应用程序、论坛等对外须使用虚拟专用网络连接,并对参加教育培训的人员进行身份验证。

第十七条 除本办法第十五条、第十六条规定的情形外,任何组织或者个人不得在互联网上传教,不得开展宗教教育培训、发布讲经讲道内容或者转发、链接相关内容,不得在互联网上组织开展宗教活动,不得以文字、图片、音视频等方式直播或者录播拜佛、烧香、受戒、诵经、礼拜、弥撒、受洗等宗教仪式。

第十八条 任何组织或者个人不得在互联网上成立宗教组织、设立宗教院校和宗教活动场所、发展教徒。

第十九条 任何组织或者个人不得在互联网上以宗教名义开展募捐。

宗教团体、宗教院校和宗教活动场所发起设立的慈善组织在互联网上开展慈善募捐,应当符合《中华人民共和国慈善法》相关规定。

第二十条 提供互联网宗教信息传播平台服务的,应当与平台注册用户签订协议,核验注册用户真实身份信息。

第二十一条 未取得《互联网宗教信息服务许可证》的互联网信息传播平台,应当加强平台注册用户管理,不得为用户提供互联网宗教信息发布服务。

第二十二条 从事互联网宗教信息服务,发现违反本办法规定的信息的,应当立即停止传输该信息,采取消除等处置措施,防止信息扩散,保存有关记录,并向有关主管部门报告。

第二十三条 宗教事务部门应当加强对互联网宗教信息服务的日常指导、监督、检查,建立互联网宗教信息服务违规档案、失信联合惩戒对象名单和约谈制度,加强对互联网宗教信息服务相关从业人员的专业培训,接受对违法从事互联网宗教信息服务的举报,研判互联网宗教信息,会同网信部门、电信主管部门、公安机关、国家安全机关依法处置违法行为。

第二十四条 网信部门应当加强互联网信息内容管理,依法处置违法互联网宗教信息。

第二十五条 电信主管部门应当加强互联网行业监管,依法配合处置违法从事互联网宗教信息服务的行为。

第二十六条 公安机关应当依法加强互联网信息服务安全监督管理,防范和处置互联网宗教信息服务中的违法犯罪活动。

第二十七条 国家安全机关应当依法防范和处置境外机构、组织、个人,以及境内机构、组织、个人与境外机构、组织、个人相勾结在互联网上利用宗教进行的危害国家安全活动。

第四章 法律责任

第二十八条 申请人隐瞒有关情况或者提供虚假材料申请互联网宗教信息服务许可的,宗教事务部门不予受理或者不予许可,已经许可的应当依法撤销许可,并给予警告。

擅自从事互联网宗教信息服务的,由宗教事务部门会同电信主管部门依据职责责令停止相关服务活动。

第二十九条 违反本办法第十条、第十一条、第十四条、第十五条、第十六条、第十七条、第十八条、第十九条规定的,由宗教事务部门责令限期改正;拒不改正的,会同网信部门、电信主管部门、公安机关、国家安全机关等依照有关法律、行政法规的规定给予处罚。

第三十条 互联网宗教信息传播平台注册用户违反本办法规定的,由宗教事务部门会同网信部门、公安机关责令互联网宗教信息传播平台提供者依法依约采取警示整改、限制功能直至关闭账号等处置措施。

第三十一条 违反本办法规定,同时还违反《互联网信息服务管理办法》及国家对互联网新闻信息服务、互联网视听节目服务、网络出版服务等相关管理规定的,由宗教事务部门、网信部门、电信主管部门、公安机关、广播电视主管部门、电影主管部门、出版主管部门等依法处置。

第三十二条 国家工作人员在互联网宗教信息服务管理工作中滥用职权、玩忽职守、徇私舞弊,依法给予处分。

第三十三条 违反本办法规定,构成违反治安管理行为的,依法给予治安管理处罚;构成犯罪的,依法追究刑事责任。

第五章 附则

第三十四条 本办法施行前已经从事互联网宗教信息服务的,应当自本办法施行之日起6个月内依照本办法有关规定办理相关手续。

第三十五条 本办法由国家宗教事务局、国家互联网信息办公室、工业和信息化部、公安部和国家安全部负责解释。

第三十六条 本办法自2022年3月1日起施行。

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