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Article 1. The present measures are formulated with a view to regulating the order of the publication of audio-visual programs through information network, strengthening the supervision and administration of the publication of audio-visual programs through information network, and promoting the development of socialist culture and ethics. Article 2. The present measures shall apply to various activities such as opening various audio-visual programs on internet and other information network, broadcasting (or broadcasting upon request) film and television works or video and audio frequency news, relaying or making live broadcast of radio and television programs, and relaying or making live broadcast of sports competitions, theatrical performance in the form of audio-visual program, and so on. Where radio and television broadcasting institutions open radio and television channels in the radio and television transmission network to broadcast radio and television programs, they shall be regulated by the "Regulation on the Administration of Radio and Television", and the present Measures shall not apply. Article 3. Information network mentioned in the present Measures shall refer to the publication system which is connected by wireless or wired chain circuits, in specific physiques of satellite, microwave, optical fiber, coaxial cable or twisted-pair lines, built on the base of internet or other software platforms, and used for information transmission. Audio-visual programs mentioned in the present Measures shall refer to the programs that are similar to radio and television programs or films in manifestation, and composed of continuously movable images or continuously audible sounds. The publication of audio-visual programs through information network mentioned in the present Measures shall refer to the activity of publishing the audio-visual programs on the network or transmitting them to the user side through various information networks including internet, for the public's on-line watch or watch after downloading, including streaming media broadcast, internet multicast, data broadcast, IP broadcast and broadcast upon request. Network publishers of audio-visual programs mentioned in the present Measures shall refer to the institutions that organize and arrange audio-visual programs and publish them to the public through information network. Information network operators mentioned in the present Measures shall refer to the institutions that provide hardware and software platforms of information network and other technical supports. Article 4. The State Administration of Radio, Film and Television is the competent department for the publication of audio-visual programs through information network, which shall be responsible for making the development planning for the publication of audio-visual programs through information network, and determining the total quantity, layout and structure of network publishers of audio-visual programs. In principle, each ministry, commission or bureau under the Central Committee or the State Council may have only one subordinate entity engaging in the business of publication audio-visual programs through network. Among the enterprises and public institutions under China Media Group or with China Media Group controlling the shares or participating shares (except for China National Radio, China Central Television, China Radio International), there may be only one entity engaging in the business of publishing audio-visual programs through network. The administrative department for radio and television at each level shall, in accordance with the national development planning on the publication of audio-visual programs through network, which is made by the State Administration of Radio, Film and Television, determine the development planning on the publication of audio-visual programs through network within its own jurisdiction, and be responsible for supervising and administering the activities of publishing audio-visual programs through information network within its own jurisdiction. Article 5. The State Administration of Radio, Film and Television shall apply permit administration to the business of publication audio-visual programs through network. Whoever publishes audio-visual programs to the public through information network must hold the "Permit for Publishing Audio-Visual Programs through Network". Article 6. The State Administration of Radio, Film and Television shall, with respect to the audio-visual programs published through information network, classify them into four categories as follows for administration: (1) news category; (2) film and TV play category; (3) entertainment category, including music, traditional opera, sports, comprehensive arts, etc.; and (4) professional category, including science and technology, education, medical treatment, finance and economics, weather, military affairs, legal system, etc.. Article 7. Whoever intends to open the business of publishing audio-visual programs through network shall meet the following basic conditions: (1) it shall meet the planning, technical standards and administrative requirements for publishing audio-visual programs to the public through information network; (2) it shall have its own funds, equipment and place suitable for the business scale; (3) it shall have resources of audio-visual programs suitable for the business scale and conforming to the provisions of the state; (4) it shall have necessary professionals; and (5) it shall conform to the laws, regulations and other relevant provisions of the state. Whoever publishes different categories of audio-visual programs through information network shall meet corresponding application conditions in addition. Article 8. Whoever intends to open the business of publishing audio-visual programs of the news category through network shall, besides meeting the basic conditions provided for in Article 7 of the present Measures, meanwhile meet the following conditions: (1) it shall be approved by the Information Office under the State Council to be qualified to announce news on network; and (2) it shall be an institution that has obtained the "Permit for Publishing Audio-Visual Programs through Network" to engage in the business of publishing programs of the entertainment category or professional category through network for no less than 3 years, or a news agency established in accordance with the law for no less than 3 years. Article 9. Whoever intends to open the business of publishing audio-visual programs of the film and TV play category through network shall, besides meeting the basic conditions provided for in Article 7 of the present Measures, meet any of the following conditions: (1) it shall obtain the "Permit for Publishing Audio-Visual Programs through Network", and has engaged in the business of publishing programs of the entertainment category through network for no less than 2 years; or (2) it shall be a film and television production institution having operated in accordance with the law for no less than 3 years. Article 10. Where enterprises open the business of publishing audio-visual programs through information network, the publicity entity for radio and television, news, publication, culture, etc. at the prefecture level or above shall be the competent department. Article 11. Whoever intends to open the business of publishing audio-visual programs through network must, upon the examination and approval of the administrative department for radio and television at the provincial level, be subject to the examination and approval of the State Administration of Radio, Film and Television. The entities directly under the Central Government and the enterprises registered in the State Administration for Industry and Commerce may directly file the application to the State Administration of Radio, Film and Television. Whoever examined to be qualified shall be issued the "Permit for Publishing Audio-Visual Programs through Network" by the State Administration of Radio, Film and Television, and may, after obtaining the permit, open the publishing business only according to the mark, means, carrier, and scope of publication and category of programs stated in the "Permit for Publishing Audio-Visual Programs through Network". In case any of the above particulars needs to be modified, the party concerned shall go through the relevant formalities of modification and approval in accordance with the above said procedures. Article 12. Where, after an opening entity obtains the "Permit for Publishing Audio-Visual Programs through Network", its name, address, web address, name of the website, legal representative or other particular is modified, it shall apply to the original permit-issuing organ within 30 days after the modification for a new one. Article 13. An initiating entity that applies to establish a special institution to open the business of publishing audio-visual programs through network shall go through the formalities of examination and approval in accordance with the present Measures. If it operates this kind of business in the form of an enterprise, it shall, after approved by the State Administration of Radio, Film and Television, make registration in the administrative department for industry and commerce. Article 14. Radio stations and television stations are encouraged to publish their own radio and television programs through internet. Article 15. An entity that has obtained the permit shall formally open the business within one year; otherwise the organ issuing the permit shall take back the permit. Article 16. The state applies a system on annual inspection of the "Permit for Publishing Audio-Visual Programs through Network". The validity period of the "Permit for Publishing Audio-Visual Programs through Network" shall be three years. Within the validity period, an entity that has obtained the "Permit for Publishing Audio-Visual Programs through Network" shall submit an annual inspection report within the stipulated time limit, and go through the formalities for annual inspection. Any entity annually inspected to be unqualified shall be ordered to make rectifications within a time limit, or if still remaining unqualified after the rectification, shall have its "Permit for Publishing Audio-Visual Programs through Network" revoked. Where an entity fails to go through the formalities of annual inspection in accordance with the relevant provisions, its permit shall be automatically invalidated. If, after expiry of the validity period, an entity needs to continue its operation, it shall go through the formalities of renewing its permit within 60 days before expiry of the permit. The specific measures for annual inspection shall be separately formulated by the State Administration of Radio, Film and Television. Article 17. Neither the owner nor the operator of information network shall, by any means, lease or transfer the network to an entity without the "Permit for Publishing Audio-Visual Programs through Network" for publishing audio-visual programs to the public, or provide an entity without the "Permit for Publishing Audio-Visual Programs through Network" with a network hardware or software platform or with other services relating to the publishing of audio-visual programs. An internet website inside the territory shall not provide linking service of audio-visual programs to any website inside the territory without the "Permit for Publishing Audio-Visual Programs through Network" or any website outside the territory that publishes audio-visual programs. Article 18. The audio-visual programs of the news category published to the public through information network shall be limited to the programs produced and broadcasted by radio stations, television stations, radio television stations inside the territory. The audio-visual programs of the film and TV play category published to the public through information network must be TV plays under the "Permit for Issuance of TV Plays" or films under the "Permit for Public Projection of Films". Where an institution other than radio station, television station, or radio television station intends to open the business of publishing audio-visual programs of the entertainment category or the professional category through network, it may usually only publish the programs produced or broadcasted by radio stations, television stations, radio television stations, or the programs edited and processed on the basis of the programs produced or broadcasted by radio stations, television stations, radio television stations. An institution that makes live broadcast of, relays or uses the programs of a radio station, a television station or a radio television station through information network shall be permitted by the radio station, television station or radio television station. An institution authorized by a lawful teaching entity or approved by an administrative department for education at the provincial level to open on-line academic credential education or vocational education, may apply to broadcast the teaching programs made by its own within the authorized major. Whoever intends to make live broadcasts of sports competitions, theatrical performances, large activities or visit programs on line in the form of audio-visual programs shall, 20 days before making the live broadcast, apply to the local department for radio and television at the provincial level for approval. Article 19. It is prohibited to publish programs containing any of the following contents through information network: (1) those that defy the basic principles determined in the Constitution; (2) those that endanger the unity of the nation, sovereignty or territorial integrity; (3) those that divulge secrets of the State, endanger national security or damages the honor or benefits of the State; (4) those that incite national hatred or discrimination, undermine the solidarity of the nations, or infringe upon national customs and habits; (5) those that propagate evil cults or superstition; (6) those that disturb the public order or destroy the public stability; (7) those that propagate obscenity, gambling, violence or instigate crimes; (8) those that insult or slander others, or infringe upon the lawful rights and interests of others; (9) those that endanger public ethics or the fine folk culture; (10) false information; (11) overseas programs recorded from network or overseas media; nor (12) other contents prohibited by laws or regulations. Article 20. An institution that has obtained the "Permit for Publishing Audio-Visual Programs through Network" shall establish and improve the system of administration of examination and broadcast, of programs. Article 21. The administrative department for radio and television at each level shall supervise and administer the publishing of audio-visual programs through information network by means of supervising audition and watch, establishing corresponding system for the public to carry out supervision and to report offence, and so on. Article 22. Any entity that violates the present Measures by committing any of the following acts shall be ordered by the administrative department for radio and television at the county level or above to stop the illegal activities, be imposed upon a warning, and may be imposed upon a fine of no more than 30,000 Yuan. If any of the following acts constitutes violation against public security provisions, an administrative penalty for public security by the public security organ shall be imposed in accordance with the law. If any of the following acts constitutes a crime, investigation for criminal liabilities shall be carried out in accordance with the law: (1) Where it opens the business of publishing audio-visual programs through network without being permitted; or (2) Where it violates Article 17, Article 18 or Article 19 of the present Measures when publishing audio-visual programs. Article 23. The present measures shall come into force on February 10, 2003. |
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