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	PROVISIONS ON THE ADMINISTRATION OF IMPORT AND BROADCASTING OF OVERSEAS TV PROGRAMS

	Order of the State Administration of (Radio, Film and Television (No. 42), September 23, 2004: The Provisions on Administration of the Import and Broadcasting of Overseas TV Programs, which were adopted at the executive meeting of this Administration on June 15, 2004, are hereby promulgated and shall be implemented as of October 23, 2004)


SUBJECT : TV; OVERSEAS TV PROGRAMS; IMPORT AND BROADCASTING
ISSUING DEPARTMENT : STATE ADMINISTRATION OF RADIO, FILM AND TELEVISION
ISSUE DATE : 09/23/2004
IMPLEMENT DATE : 10/23/2004
LENGTH : 1,528 words
TEXT :

Article 1. The present Provisions are formulated for the purposes of regulating the import and broadcasting of overseas TV programs, promoting the Sino-foreign exchange in radio and television and satisfying the spiritual and cultural needs of the people.

Article 2. The present Provisions shall apply to the import and broadcasting of overseas TV programs. The "overseas TV programs" refer to overseas films, TV plays (TV cartoons) and other TV programs (such as cultural, scientific and cultural TV programs) to be broadcasted by the TV stations.

No program of current news may be imported.

Article 3. The State Administration of Radio, Film and Television (hereinafter referred to the SARFT) shall be responsible for the examination and approval of the import of overseas films and TV plays, and the import of other overseas TV programs through satellite transmission.

A provincial radio and television administrative department shall, upon authorization of the SARFT, be responsible for the preliminary examination of the import of overseas films and TV plays, and the examination and approval of other overseas TV programs and the supervision over the broadcasting of them.

A radio and television administrative department at the prefecture level shall be responsible for the supervision over the broadcasting of overseas TV programs within its administrative area.

Article 4. Without examination and approval of the SARFT or of the radio and television administrative department authorized by the SARFT, no one may import or broadcast any overseas TV program.

Article 5. The import of overseas films and TV plays, and the import of other overseas TV programs through satellite transmission shall be applied for by entities designated by the SARFT.

Article 6. The SARFT shall control and plan the total volume, subjects and places of production of the to-be-imported overseas films and TV plays.

Article 7. The import of overseas films and TV plays, and the import of other overseas TV programs through satellite transmission shall be consistent with the overall planning of the SARFT and meet the requirements of Article 15 of the present Provisions.

Article 8. An import entity shall file an application with the provincial radio and television administrative department if it intends to import an overseas film, TV play or any other TV program.

Article 9. An applicant shall submit the following materials when it applies for importing an overseas film or TV play:

(1) An Application for the Import of Overseas Films and TV Plays (The format of application shall be uniformly formulated by the SARFT and shall be printed and produced for use by the provincial radio and television administrative departments);

(2) The import contract (in Chinese and the relevant foreign language);

(3) The certification of copyright (in Chinese and the relevant foreign language);

(4) A complete set of L1/2 video tapes with the pictures, sound and time code;

(5) An abstract for each episode with at least 500 Chinese characters; and

(6) Captions in Chinese and the relevant foreign language for the beginning and end of the film (TV play) identical with those in the sample video tape.

Article 10. An applicant shall submit the following materials when it applies for importing an overseas TV program (other than a film or TV play) through satellite transmission:

(1) An Application for the Import of Other Overseas TV Programs (The format of application shall be uniformly formulated by the SARFT and shall be printed and produced for use by the provincial radio and television administrative departments);

(2) The import contract (in Chinese and the relevant foreign language); and

(3) The certification of copyright (in Chinese and the relevant foreign language);

Article 11. After a provincial radio and television administrative department formally accepts an application for importing an overseas film or TV play, or any other overseas TV program through satellite transmission, it shall put forward detailed and clear opinions about the preliminary examination within the time limit prescribed in the Administrative License Law and submit them to the SARFT for examination and approval.

After the SARFT formally accepts an application, it shall decide whether to approve or disapprove the import within the time limit prescribed in the Administrative License Law. For the examination on the import of an overseas film or TV play, expert appraisal shall be needed. The time for the appraisal shall be 30 days. If the SARFT approves the import, it shall issue the applicant a TV Play (TV Cartoon) Distribution License or give it a reply of approving the import of an overseas TV program (other than a film or TV play) through satellite transmission. If it disapproves the import, it shall give the import entity a written notice and make an explanation.

Article 12. Where an import entity is approved of importing an overseas TV program (other than a film or TV play) through satellite transmission, the import entity shall go through the relevant formalities upon the strength the reply of the SARFT.

Article 13. Where a TV station at the prefecture or province level applies for importing an overseas TV program (other than a film or TV play), it shall be subject to the examination and approval of the provincial radio and television administrative department. If the TV program involves any significant or sensitive subject, the provincial radio and television administrative department shall report it to the SARFT for examination and approval.

Article 14. An applicant shall submit the following materials when it applies for importing an overseas TV program (other than a film or TV play):

(1) An Application for the Import of Other Overseas TV Programs (The format of application shall be uniformly formulated by the SARFT and shall be printed and produced for use by the radio and television administrative departments at the prefecture level);

(2) The opinions of the import entity about the content of the to-be-imported TV program;

(3) The import contract (in Chinese and the relevant foreign language); and

(4) The certification of copyright;

After the provincial radio and television administrative department formally accepts an application, it shall make a decision within the time limit prescribed in the Administrative License Law. If it approves the import, it shall issue the corresponding approval document to the applicant. If it disapproves the import, it shall give the entity as the examinee a written notice and make an explanation.

Article 15. An import entity shall strictly control the guidance and style of the to-be-imported overseas TV program. It shall ensure that its content be sound and well-produced.

The overseas TV program may not contain any of the following contents:

(1) Opposing the basic principles determined by the Constitution;

(2) Endangering the unity, sovereignty and territorial integrity of the state;

(3) Divulging 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 in violation of the laws, administrative regulations or provisions of the state.

Article 16. A provincial radio and television administrative department shall, in the first week of each quarter, submit a report about the import of overseas TV programs (other than films and TV plays) of the previous quarter in its administrative area to the SARFT for archival purposes.

Article 17. An overseas TV program (other than a film or TV play) imported upon approval shall be re-packed and re-edited. It may not be directly broadcasted as a set program at a fixed time slot. The logo of the overseas channel or picture with relevant words may not be shown in the program, nor may the program contain any advertisement publicizing the overseas media or channel and other similar content.

Article 18. When a TV station broadcasts an overseas film or TV play, it shall give a clear indication of the serial number of the distribution license of the film or TV play. The time for broadcasting overseas films and TV plays per day by a television channel may not exceed 25% of the total time within the current day for broadcasting films and TV plays by this television channel. The time for broadcasting other overseas TV programs per day by a television channel may not exceed 15% of the total time for broadcasting within the current day by this television channel.

Without approval of the SARFT, no one may broadcast any overseas film or TV play during the prime time slot (19:00 ¨C 22:00).

Article 19. Anyone who violates the present Provisions shall be punished in accordance with the Regulation on the Management of Radio and Television. If any crime is constituted, the relevant criminal liabilities shall be investigated for in pursuance of the law.

Article 20. The present Provisions shall be implemented as of October 23, 2004. The Provisions on the Administration of Import and Broadcasting of Overseas TV Programs (Order No. 10 of the Ministry of Radio, Film and Television) shall be simultaneously abolished.