Out-Law / Your Daily Need-To-Know

Following the failure of an auction on Friday to sell shareholdings in a number of its internet companies to foreign bidders, the State Council of China yesterday published strict rules on foreign ownership and operation.

On Friday, there was the first ever auction of shareholdings in Chinese internet companies. Much hype preceded the event, suggesting that major foreign companies would be among the bidders. However, no foreign bidders appeared and by the end of the auction, only one company received a bid, from a domestic firm with which it had already held merger talks.

The new regulations, published yesterday, though signed two weeks ago, state that all internet content providers must first be approved by the ministry of information industry before they receive foreign investment or seek stock listings. This will cause concern among existing Chinese internet companies that are largely foreign owned and which have never received ministry approval, in case the authorities decides to remove their licenses to trade.

Internet companies will also be held responsible for keeping content from their sites which is seen as subverting state power, harming China’s reputation or supporting cults. Illegal content must be censored by ISPs and they must report on it to state authorities; ISPs must also keep records of all users and the content they post on-line.

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