|
Welcome Guest
|
|
You are using Guest Account
|
|
||||||||||||||||||||||||||||||||||
|
TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II INITIATIVE OF PLANS ON THE SUBJECTS OF TV PLAYS (INCLUDING TV CARTOONS) CHAPTER III EXAMINATION INSTITUTIONS AND STANDARDS CHAPTER IV EXAMINATION PROCEDURE CHAPTER V PENALTY PROVISIONS CHAPTER VI SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. For the purposes of regulating the examination of TV plays, ensuring that the TV plays give correct guidance, stimulating the creation of TV plays and promoting the sound development of the industry of TV plays, the present Provisions are formulated in accordance with the Regulations on the Administration of Radio and Television. Article 2. The present Provisions shall apply to the following activities: (1) Examining the plans on the subjects of TV plays (including TV cartoons) to be produced domestically, and the TV plays (TV cartoons) after completion; (2) Examining the plans on the subjects of the TV plays (including TV cartoons) to be produced by cooperating with foreign institutions, or institutions from Hong Kong, Macao, or Taiwan; (3) Examining the TV plays (including TV cartoons, feature films, hereinafter referred to imported TV plays) imported for being broadcasted by TV stations; and (4) Examining the feature films to be broadcasted by TV media. Article 3. The State Administration of Radio, Film and Television (hereinafter referred to the SARFT) shall be responsible for the administration of TV plays of the whole country. The provincial radio and television administrative departments shall be responsible for the administration of TV plays within their respective administrative areas. Article 4. The state shall adopt the examination and approval system on the initiative of the plans on the subjects of the TV plays and a licensing system for the distribution of TV plays. No one may produce any TV play whose plan on the subject of TV plays has not been initiated. No one may distribute, broadcast, import or export any TV play without the TV Play Distribution License. Renting, leasing, selling, transferring or transferring in a disguised form the various licenses for TV plays is banned. Article 5. The state encourages the well-produced TV plays with deep thoughts and exquisite arts that are popular with the mass. CHAPTER II INITIATIVE OF PLANS ON THE SUBJECTS OF TV PLAYS (INCLUDING TV CARTOONS) Article 6. The SARFT shall be responsible for the final examination of the initiative of the plans on the subjects of TV plays of the whole country. The provincial radio and TV administrative departments shall be responsible for the preliminary examination of the initiative of the plans on the subjects of TV plays within their respective administrative areas. With regard to the initiative of TV play subject plans of the TV play production institutions subordinate to the entities directly under the Central Government, after the superior administrative departments have put forward opinions, they shall submit them to the SARFT for examination and approval. Article 7. An applicant shall meet any of the following conditions when applying for the initiative of a TV play subject plan: (1) Holding a TV Play Production License (Class A); (2) Holding a Radio and TV Program Production and Business Operation License; (3) It is a TV station at the prefecture level or above; or (4) It is a film production institution with a Film Production License. Article 8. When applying for the initiative of a TV play subject plan, the applicant shall submit the following materials: (1) An Application for the Initiative of TV Play Subject Plan or an Application for the Initiative of TV Cartoon Subject Plan; (2) A brief introduction (not less than 1500 Chinese characters) describing the main theme, major heroes and heroines, background and stories of the TV play; and (3) If the TV play involves any important political, military, diplomatic, united front, ethnic or religious content, or case, or who's who, the applicant shall provide the written certification materials such as the opinions issued by the corresponding administrative department and other related institutions. Article 9. The SARFT shall quarterly accept the applications for initiative of TV play subject plans in each year. The period from the first day to the fifteenth day of the first month of each quarter shall be an application submission period. The SARFT shall accept the applications for initiative of TV cartoon subject plans for two times in each year. Every year, January 1 - 15 and July 1 - 15 shall be the application submission periods. In principle the SARFT won't accept any application not submitted within the application submission periods. If it has to make a change to the application submission periods, it shall make an announcement to the general public 60 days before it does so. A provincial radio and television administrative department may determine the periods of its own administrative area for submitting the applications for initiative of the plans on the subjects of TV plays (including TV cartoons) in accordance with this Article and shall make an announcement to the general public 60 days before it does so. Article 10. The TV play production institutions subordinate to the entities directly under the Central Government meeting the requirements mentioned in Article 7 of the present Provisions may directly file applications to the SARFT for initiative of the plans on the subjects of TV plays (including TV cartoons). Other institutions meeting the requirements listed in Article 7 of the present Provisions shall file applications with the local provincial radio and television administrative departments for initiative of the plans on the subjects of TV plays (including TV cartoons). After the preliminary examination of the provincial radio and television administrative departments, the aforesaid applications shall be submitted to the SARFT for final examination. Article 11. The SARFT shall examine the application materials in pursuance of the law, and shall make a written decision of approval or disapproval within 50 days, during which the time period for expert appraisal shall be 30 days. Article 12. An approved initiative of TV play subject plan shall have a two-year valid period. At the expiry of the valid period, if the planned TV play has't been put into production, the approved initiative plan shall be invalidated automatically. If it is necessary to extend the valid period, a new application shall, in accordance with the present Provisions, be filed not later than 30 days prior to the expiry of the valid period. If the application for extending the valid period is approved, the planned TV play shall be put into production within a year. If the planned TV play hasn't been put into production at the expiry of the extended time period, the approved initiative plan shall be invalidated. The radio and television administrative department at the province level or above shall no longer accept any new application for the initiative of the same TV play subject plan of this applicant. Article 13. Where it is necessary to change the name, number of episodes or production institution of the TV play in an approved plan, the applicant shall report the change to the SARFT for record and shall go through the relevant formalities for the change. Article 14. The information about the progress of the production of the play in an approved plan shall be reported to the radio and television administrative departments at the province level or above in the form of dynamic monthly reports. CHAPTER III EXAMINATION INSTITUTIONS AND STANDARDS Article 15. The SARFT shall set up a TV Play Examination Board and a TV Play Re-examination Board. The provincial radio and television administrative departments shall each establish a TV play examination institution, which shall be responsible for the examination of TV plays within their respective administrative areas. Article 16. The TV Play Examination Board of the SARFT shall perform the following functions: (1) Examining the TV plays (including TV cartoons) produced by using the TV Play Production License of production institutions subordinate to the entities directly under the Central Government, and making examination conclusions; (2) Examining the TV plays produced domestically by hiring foreigners (including play-writer, director, actor and actress, and photographer) as participants in the production, and making an examination conclusions; (3) Examining the screenplays of the TV plays produced by cooperation, TV plays after completion and imported TV plays, and making examination conclusions; and (4) Examining the TV plays (including TV cartoons), which cause a debate in the public during TV broadcasting, which are reported by the provincial TV play examination institution to the SARFT for examination, or which are reported to the SARFT for examination due to the needs of public interests, and making examination conclusions. Article 17. The TV Play Reexamination Board of the SARFT shall perform the following functions: examining the TV plays, which the institutions as the examinees apply for reexamination because they refuse to accept the examination conclusions of the TV Play Examination Board of the SARFT or of the provincial TV play examination institutions, and making examination conclusions. Article 18. A provincial TV play examination institution shall perform the following functions: (1) Examining the TV plays (including TV cartoons) domestically produced by the TV play production institutions within its administrative area without hiring any foreigner as participant in the production, and making examination conclusions; (2) Conducting preliminary examination on the TV plays domestically produced by the TV play production institutions within its administrative area with foreigner(s) as participant(s) in the production, and making examination conclusions, and putting forward detailed and explicit opinions about the preliminary examination; (3) Conducting preliminary examination on the screenplays of the TV plays cooperatively produced by the TV play production institutions within its administrative area and overseas institutions and the TV plays after completion, and putting forward detailed and explicit opinions about the preliminary examination; and (4) Conducting preliminary examination on the imported TV plays submitted by institutions within its administrative area for examination, and putting forward detailed and explicit opinions about the preliminary examination. Article 19. The examination of TV plays shall be conducted according to the orientation of serving the people and socialism, to the policies of letting a hundred flowers blossom and a hundred schools of thought contend and to the principle of getting close to the reality, to life and to the mass people, so as to ensure the correct media guidance. Article 20. No TV play containing any of the following contents may pass the examination: (1) Opposing the basic principles determined by the Constitution; (2) Endangering the unity, sovereignty and territorial integrity of the state; (3) Divulging the state secrets, endangering state security or damaging the honor and interests of the State; (4) Inciting hatred or discrimination among ethnic groups, undermining the solidarity among ethnic groups, or disrespecting ethnic customs or practices; (5) Advocating cult and superstition; (6) Disrupting social order and harming social stability; (7) Advocating obscenity, gambling or violence, or instigating crimes; (8) Insulting or defaming others, and infringing upon others' legitimate rights and interests; (9) Harming the social morality or the excellent national culture and tradition; (10) Containing other contents that are prohibited by the laws, administrative regulations or provisions of the state. CHAPTER IV EXAMINATION PROCEDURE Article 21. An applicant shall file an application to the examination organ for the examination of a domestically produced TV play (including TV cartoon) and shall submit the following materials: (1) An application for the Examination of a Domestically Produced TV Play or Application for the Examination of a Domestically Produced TV Cartoon; (2) The valid certification for the qualification of the production institution; (3) A photocopy of the document approving the initiative of plan on the TV play subject; (4) A photocopy of the document approving the employment of foreigners as participants in the production of domestic TV play; (5) An abstract for each episode with at least 500 Chinese characters; (6) A complete set of L1/2 video tapes, whose pictures, sound and time code meet the examination requirements; and (7) A complete table of captions for the beginning, end and songs of the TV play. Article 22. A cooperatively produced TV play shall be managed in accordance with the relevant provisions of the SARFT on the management of TV plays produced through Sino-foreign cooperation. Article 23. An imported TV play shall be managed in accordance with the relevant provisions of the SARFT on the management of the import and broadcasting of overseas TV programs. Article 24. After a TV play examination institution receives a complete set of examination application materials, it shall make a decision of approval or disapproval of administrative licensing within 50 days, during the period of which the expert appraisal may take 30 days. Where a TV play passes the examination, the radio and television administrative department at the province level or above shall issue a TV Play (TV Cartoon) Distribution License to the applicant. Upon examination if it is necessary to make modifications, the radio and television administrative department at the province level or above shall put forward advice about the modifications. After the institution as the examinee finishes the modifications, it shall reapply for examination in accordance with the present Provisions. If it fails to pass the examination, the radio and television administrative department at the province level or above shall make a written decision of disapproval and shall give an explanation. The TV Play (TV Cartoon) Distribution Licenses shall be uniformly printed and produced by the SARFT. Article 25. Where an institution as the examinee refuses to accept the decision of disapproval of administrative licensing, it may apply with the TV Play Re-examination Board of the SARFT for re-examination within 60 days. The TV Play Re-examination Board of the SARFT shall make a re-examination decision within 50 days, during the period of which the expert appraisal may take 30 days, and shall give a written notice to the institution as the examinee. If the institution as the examinee passes the re-examination, the SARFT shall issue to it a TV Play (TV Cartoon) Distribution License. Article 26. No one may randomly change a TV play, which has obtained a TV Play (TV Cartoon) Distribution License. If it is necessary to change the name, major characters, main stories and the length of the episodes of the TV play, this TV play shall be subject to re-examination in accordance with the present Provisions. Article 27. A domestically produced TV play involving any significant revolutionary or historical event shall be subject to examination in accordance with the relevant provisions. Article 28. A provincial radio and television administrative department shall, in the first week of each month, submit a report about the issuance of TV Play (TV Cartoon) Distribution Licenses in the previous month to the SARFT for record. Article 29. The information about the countrywide issuance of TV Play (TV Cartoon) Distribution Licenses shall be announced by the SARFT to the general public. Article 30. A TV play production institution may distribute or entrust other institutions to distribute a TV play or TV cartoon, of which it obtains the copyright and a TV Play (TV Cartoon) Distribution License. Article 31. A TV station shall comply with the relevant laws, regulations and rules in broadcasting a TV play. It shall keep to the pre-broadcasting and re-broadcasting examination system, shall give a clear indication of the corresponding serial number of the distribution license in the beginning of each episode of the TV play, and shall give a clear indication of the corresponding serial number of the production license at the end of each episode of the TV play. It may not omit the name of production institution and the names of key persons involved in the production of the TV play. Article 32. For the reason of public interests, the SARFT may decide to order the parties concerned to modify, or to stop the distribution, import, export or broadcasting of a TV play or TV cartoon with TV Play (TV Cartoon) Distribution License. CHAPTER V PENALTY PROVISIONS Article 33. Anyone who violates the present Provisions shall be punished in accordance with the Regulation on the Administration of Radio and Television. If the circumstance is serious and any crime is constituted, it (he) shall be subject to the criminal liabilities. Article 34. Where a radio and television administrative department or any of its functionaries abuses its (his) power, neglects its (his) duties or seeks private interests in the examination of TV plays, it (he) shall be given an administrative sanction in accordance with the law. If any crime is constituted, it (he) shall be subject to the criminal liabilities. CHAPTER VI SUPPLEMENTARY PROVISIONS Article 35. A provincial radio and television administrative department shall, in accordance with the present provisions, formulate measures for the examination of TV plays by taking into consideration the actual situation within its administrative area. Article 36. The present Provisions shall be implemented as of October 20, 2004. The Interim Provisions on the Examination of TV Plays of the SARFT (Order No. 1 of the SARFT) shall be repealed simultaneously. |
||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||
|
Copyright 2002 NovexCn.com
|