Measures for the Administration of the Publication of Audio-Visual Programs through the Internet or Other Information Network 2004
The Measures for the Administration of the Publication of Audio-Visual Programs through the Internet or Other Information Network, which were adopted at the executive meeting on June 15, 2004, are hereby promulgated, and shall come into force as of October 11, 2004.
Chapter I General Provisions
Article 1 The present Measures are formulated for the purpose of regulating the order of publication of audio-visual programs through the internet and other information network, strengthening supervision and administration, and promoting the development of socialist culture and ethics.
Article 2 The present Measures shall be applicable to such activities as the undertaking of the opening, broadcasting (including broadcasting upon request, relaying or making live broadcasts), integrating, transmitting, or downloading audio-visual program services through such information network as mobile communications network, immovable communications network, microwave communications network, Community Antenna Television (CATV), satellite or other urban area network, wide area network and local area network, etc., whose receiving terminal shall be computers, televisions, mobile phones, and various electronic equipment.
The "audio-visual programs (including audio-visual products of film and television type)" as mentioned in the present Measures shall refer to the audio-visual frequency programs consisting of movable pictures or sounds that can be listened to continuously, which are shot and recorded by making use of video cameras, vidicons, recorders and other audio-visual frequency equipment for producing programs.
Article 3 The State Administration of Radio, Film and Television (hereinafter referred to as the SARFT) shall be responsible for the administration of the publication of audio-visual programs through the Internet and other information network (hereinafter referred to as the publication of audio-visual programs through information network) throughout the country.
The local administrative department of radio and television at or above the county level shall be responsible for the administration of the publication of audio-visual programs through the Internet and other information network within their own jurisdiction.
Article 4 The state applies license system to the business of publication audio-visual programs through information network.
Article 5 The state encourages the radio stations and television stations at or above the prefecture or city level to publish audio-visual programs through the Internet.
Chapter II Business Licensing
Article 6 The License for Publication of Audio-Visual Programs through Information Network shall be obtained for undertaking the business of publication of audio-visual programs through information network.
The License for Publication of Audio-Visual Programs through Information Network shall be checked and issued by the SARFT through classification in light of the categories of business of publication of audio-visual programs through information network, receiving terminals, transmission networks, and other items, etc..
The categories of business shall include: publication of self-produced programs, relaying programs and provision of integrated operation service for programs, etc..
The receiving terminals shall include: computers, television sets, mobile phones, and other various electronic equipments.
The transmission network shall include: mobile communications network, immovable communications network, microwave communications network, CATV network, satellite or other urban area network, wide area network and local area network, etc..
Article 7 No solely foreign-owned, Sino-foreign joint venture or Sino-foreign cooperative institution may undertake business of publication of audio-visual programs through information network.
The radio stations, television stations established upon the approval of the SARFT or websites that have the qualification of publication of news through the internet according to law may apply for operate the business of publication of audio-visual programs of the news category through information network, no other institution or individual may operate business of publication of audio-visual programs of the news category through information network.
The radio stations, television stations, radio, film and television groups (head stations) established at or above the level of provinces, autonomous regions, municipalities directly under the Central Government and the cities under separate state planning upon the approval of the SARFT may apply for undertaking integrated operation service by itself or through establishing an institution for publication of audio-visual programs through information network, which has the television as the receiving terminal. No other institution or individual may operate such kinds of business.
Article 8 The following conditions shall be met when applying for the License for Publication of Audio-Visual Programs through Information Network:
1. Complying with the general plan and overall arrangement for the publication of audio-visual programs through information network as determined by the SARFT;
2. Complying with the industry criteria and technical standards as prescribed by the state;
3. Having self-owned capital, equipment, places and necessary professionals adapted to the business scale;
4. Having the resources of audio-visual programs accommodated to the business scale and complying with the state provisions;
5. Having the service credit, technical capacity and network resources accommodated to the business scale;
6. Having perfect system for the examination of the contents of the programs, and publication management system;
7. Having feasible program monitoring plans; and
8. Other conditions as prescribed by laws and administrative regulations.
Article 9 The following materials shall be submitted when applying for the License for Publication of Audio-Visual Programs through Information Network:
1. An Application Report, the contents of which shall include: business category (self-produced programs, relaying and integrating, etc.), publication marks (marks exclusively used for undertaking the business of publication of audio-visual programs through information network), ways of publication (channel broadcast, broadcasting upon request, unloading customization, broadcasting by turn, data broadcast, etc.), transmission network, publication carriers, publication scope, receiving terminal, category of programs, integrated contents, etc;
2. An application form for the License for Publication of Audio-Visual Programs through Information Network;
3. The plans of the contents of undertaking the business of publication of audio-visual programs through information network, technical plans, operation plans and management system;
4. Monitoring plans for providing monitoring signals to the regulatory department of the government;
5. Certification materials on the personnel, equipment and places;
6. Basic information of the institution that applies for handling and the relevant certificates in relation to the carrying out of the business (website registration documents, license of radio station and television station, permit for operation of producing radio and television programs, documents of license on publication of new business); and
7 Articles of association, business license, and verification certificate of the company (if the applicant is an enterprise).
Article 10 The institution that applies for the License for Publication of Audio-Visual Programs through Information Network shall file an application to the administrative department of radio and television at or above the county level at its locality and submit the written documents complying with the provisions of Article 9, and report to the SARFT for examination and approval after being approved through examination level by level.
The enterprises and institutions subordinated to the Central Government may file an application to the SARFT directly.
The SARFT shall issue the License for Publication of Audio-Visual Programs through Information Network for those qualified.
Article 11 The administrative department of radio and television that is responsible for accepting the application shall perform duties of acceptance and examination in accordance with the time limit and power as prescribed by the Administrative License Law. If the application of an applicant complies with the legal standards, the administrative department of radio and television that has the right to make decision shall make written decision on granting the administrative license. In case a decision on not granting administrative license is made according to law, the applicant shall be notified in writing and be given an explanation.
Article 12 The period of validity of the License for Publication of Audio-Visual Programs through Information Network shall be two years. If there is necessity to continue to undertake the business of publication of audio-visual programs through information network after the expiry of the period of validity, it shall go through extension formalities in accordance with the procedures for examination and approval as prescribed in the present Measures six months before the expiry of the period.
Article 13 The institution that has obtained the License for Publication of Audio-visual Programs through Information Network (hereinafter referred to as the "license holding institution") shall undertake the business of publication of audio-visual programs through information network in accordance with the opening subject, business category, marks, publication ways, transmission network, publication carriers, publication scope, receiving terminals, kinds of programs and integrated contents, and other matters concerned as specified in the License for Publication of Audio-Visual Programs through Information Network.
Article 14 In case any license holding institution alters its registered capital, shareholder, shareholding proportion and the operator, business category, marks, publication ways, publication carriers, publication scope, receiving terminals, category of programs and integrated contents, and other matters concerned as specified in the License, it shall report to the SARFT for approval 60 days ahead of schedule and go through formalities for alteration of matters published in the License.
In case there is any alteration on the address, website address, name of the website, legal representative and other matters concerned of the license holding institution, who shall put on archives at the SARFT within 30 days after the alteration and go through formalities for alteration of the matters publicized in the License.
Article 15 A license holding institution shall open business within 90 days after receiving the License for Publication of Audio-Visual Programs through Information Network. In case it fails to start the business in time due to special reasons, it shall be subject to the approval of the license issuing organs, or else it shall be handled as termination of business.
Article 16 In case any institution that holds the License for Publication of Audio-Visual Programs through Information Network needs to terminate its business, it shall declare to the original license issuing organ 60 days ahead of schedule, and its License for Publication of Audio-visual Programs through Information Network shall be written off by the original license issuing organ through public notice.
Chapter III Business Supervision
Article 17 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 and the approved news websites within the territory of China.
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".
Article 18 The provisions of the Copyright Law shall be complied with for publication of audio-visual programs through information network.
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 state secrets, 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 social 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. containing other contents as prohibited by laws, administrative regulations, and the state provisions.
Article 20 The license holding institutions shall establish and improve the management system on the examination and safe publication of programs, and implement chief-editor responsibility system, equip program examinant to make examination on the contents of the program published.
Article 21 The institution for managing information network shall not provide services in relation to the business of publication of audio-visual programs to the institution that does not hold the License for Publication of Audio-Visual Programs through Information Network.
Article 22 For the name, outlines of contents, time limit for broadcast, length of time, resources and other information, the license holding institution shall keep them at least for 30 days.
Article 23 When relaying audio-visual programs by making use of information network, only radio and TV programs in the radio station and TV station may be relayed, and no radio and TV program illegal opened may be relayed, nor may any overseas radio and TV programs be relayed.
When using information network to link or integrate audio-visual programs, only the audio-visual programs opened by the institution that has obtained the License for Publication of Audio-Visual Programs through Information Network may be linked or integrated, no audio-visual programs in overseas internet website may be linked or integrated.
Article 24 The administrative department of radio and television at or above the provincial level shall set up audio-visual programs monitoring system, establish system of public supervision and report, and strengthen supervision over and administration of publication of audio-visual programs through information network.
The license holding institution shall provide necessary signal receiving conditions for the audio-visual program monitoring system.
Chapter IV Penalties
Article 25 In case anyone undertakes the business of publication of audio-visual programs through information network without permission and approval in violation of the provisions of the present Measures, the administrative department of radio and television at or above the county level shall ban it and impose a fine of RMB 10,000 Yuan up to RMB 30,000 Yuan; if it constitutes a crime, it shall be subject to criminal liabilities according to law.
Article 26 In case anyone violates the provisions of the present Measures and has any of the following acts, the administrative department of radio and television at or above the county level shall order it to stop the illegal activities, give it warnings, and rectify within a prescribed time limit, and may impose a fine of less than RMB 30,000 Yuan concurrently, if it constitutes a crime, it shall be subject to criminal liabilities according to law.
1. Failing to undertake the business of publication of audio-visual programs through information network in accordance with the matters specified in the License for Publication of Audio-Visual Programs through Information Network;
2. Altering without permission and approval the matters specified in the License, the registered capital of the license holding institution, and the shareholding proportion of shareholders;
3. Breach the provisions of Article 16 and 18 of the present Measures;
4. Publishing the audio-visual programs as prohibited from publishing by Article 19 of the present Measures;
5. Providing and publishing relevant services in relation to the business of publication of audio-visual programs to the institution that does not hold the License for Publication of Audio-Visual Programs through Information Network;
6. Failing to keep the records of publication of audio-visual programs as required;
7. Relaying overseas radio and TV programs through information network, or relaying illegally opened radio and TV programs; or
8. Illegally linking or integrating overseas radio and TV programs and illegally linking or integrating audio-visual programs published by overseas websites.
Article 27 In case any legal representative of an opening institution, chief editor or examinant of the programs fails to perform his duties due in violation of the present Measures, and occurs the aforesaid contents for more than three times, the administrative department of radio and television at or above the county level shall give warnings to the opening institution, and impose a fine of less than RMB 1000 Yuan concurrently.
Chapter V Supplementary Provisions
Article 28 Any institution that has received the License for Publication of Audio-Visual Programs through Internet before the implementation of the present Measures shall apply for change of the License in accordance with the provisions of the present Measures within 6 months from the date of implementation of the present Measures.
Article 29 The present Measures shall come into force as of October 11, 2004. The Measures for the Administration of the Publication of Audio-Visual Programs through Internet and Other Information Network (Order No.15 of the SARFT) as promulgated by the SARFT shall be repealed simultaneously.
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