3. Retention of Data for Public Interest

It is stipulated in Article 57 of the Telecommunication Regulations of the PRC(《电信条例》) that no organization or individual may use a telecommunication network to produce, reproduce, publish or disseminate any of the following contents (" Illegal Contents" ):

(a) opposing the basic principles defined in the Constitution;

(b) endangering national security, disclosing state secrets, subverting state political power, or undermining national unity;

(c) damaging the honour or interests of the State;

(d) inciting hatred or discrimination against ethnic minorities, or undermining the unity of nationalities;

(e) undermining state religious policies, or propagating cults or feudalistic superstitions;

(f) disseminating rumours, disrupting public order or undermining social stability;

(g) propagating obscenity, pornography, gambling, violence, homicide or terrorism, or instigating criminal activity;

(h) humiliating or libeling another party, or infringing the lawful rights or interests of another party ; and

(i) any other contents prohibited by the law or administrative regulations.

It is further stipulated in Article 62 of the Telecommunication Regulations of the PRC(《电信条例》)that, if a telecommunication service provider discovers that the contents of information being transmitted in its telecommunication network obviously pertains to the types of contents listed in Article 57 of the Telecommunications Regulations, the transmission must be immediately terminated, any records concerned shall be retained, and a report shall be made to relevant state authority (i. e. the public security authority). It is also stipulated in different regulations in the PRC〔9〕 that the Internet Service Providers, Internet News Service Providers and Internet Service Providers for Bulletin Board System shall terminate the transmission of and remove any Illegal Contents, and retain original records of the Illegal Contents and report the matter to the relevant governmental authority (i. e. the public security authority).

If a telecommunications carrier or Internet-related Service Provider fails or delays to take necessary action to prevent the transmission of Illegal Contents, it may be subject to the liabilities set forth in Article 21〔10〕 of the AdministrativeMeasures on Security Protection for International Connections to Computer Information Networks (《计算机信息网络国际联网安全保护管理办法》).

B. Relevant Laws and Regulations on Disclosure or Delivery of Data