Notice Concerning Further Strengthening Radio and Television Advertising Broadcast Management

On 11 October 2011, SARFT issued the “Notice Concerning Further Strengthening Radio and Television Advertising Broadcast Management” to all provincial, autonomous region and municipal radio, film and television bureaus, the Xinjiang Production-Construction Corps Radio and Television Bureau, the three central stations, China Educational Television, and the Film Channel Programme Centre, the Notice says that after more than a year since the “Radio and Television Advertising Broadcast Management Rules” (SARFT Decree No. 61), the implementation situation generally is desirable, all walks of society universally approve it. But recently, a number of problems violating regulations have reappeared, mainly manifesting as: first, inserting advertising in film or television drama titles or credits; second, inserting advertising in excessive duration; third, a number of transmission and relay organs insert moving caption advertising when transmitting programmes; fourth, a number of advertising overstates its propaganda, fifth, a number of current-affairs and news-type programmes have commercial headings, etc. In order to determinedly correct these problems and realistically standardize radio and television order, hereby, the following is notified to further strengthen radio and television advertising broadcast and management work:

I, Social interest must be put first from beginning to end. Radio and television advertising is a component part of radio and television programmes. Radio and television advertising organs must persist in putting first social interest from beginning to end, firmly grasp the correct orientation for advertising content, earnestly implement their examination duties over advertising according to the law, determinedly resist false and unlawful advertising, determinedly resist harmful advertising with vulgar content, strictly operate and broadcast advertising according to the law.

II, Standardizing activities of inserting advertising in the middle of television dramas. Television stations, when inserting advertising into television dramas, must strictly abide by the provisions of SARFT Decree No. 61: outside of the golden hour, commercial broadcast may be inserted two times in every programme (calculated as 45 minutes), and the duration of every time may not exceed 1 minute 30 seconds; during the golden hours, (from 19:00 until 21:00), commercial advertising may be inserted once per programme, and the duration may not exceed one minute; when inserting advertising, the length of the broadcast time will be pointed out. At the same time it needs to be accomplished that: (1) it is prohibited to insert any advertising after the titles but before the beginning of the storyline, as well as after the end of the storyline but before the beginning of the credits; (2) the continuous broadcasting time of television dramas may not be less than 15 minutes outside of the golden hours, the continuous broadcasting time of television dramas during the golden hours may not be less than 25 minutes, only then may commercial advertising be inserted according to the provisions of SARFT Decree No. 61; (3) when broadcasting the credits as well as the name list of acting and supporting personnel, it is prohibited to insert advertising in any way.

III, Standardizing activities of inserting advertising in the middle of news programmes. When inserting advertising into news programmes, it shall be arranged that it is at a natural intermission section between two different items, advertising may not be inserted after the headlines of headline news, as well as after the conclusion of news content but before the names of work personnel. Current affairs-type programmes may not have an enterprise or product name, etc., as by-line. It is prohibited to use news reports and their source materials for commercial broadcasting, or using news interview methods. News programme presenters may not act as image spokespeople in commercial advertising.

IV, Cleaning up television shopping short advertising that violates regulations. According to the “SARFT Notice Concerning Strengthening Short Television Shopping Advertising and Home Shopping Programme Management” (SARFT No. (2009)71) and the “SARFT Notice Concerning Further Strengthening Radio and Television Advertising Examination and Supervision Work” (SARFT No. (2010)21), radio and television broadcast organs must strictly verify the quality of enterprises putting short television shopping advertising on the market, and must strictly examine short television shipping advertising content. Administrative radio and television entities must investigate and prosecute broadcast organs broadcasting short television shopping advertising in violation of regulations according to the law and regulations. SARFT will notify the entire system of enterprises putting false or unlawful short television shopping advertising on television broadcast organs, and prohibit acceptance of any advertising they put on the market.

V, Rectifying false and unlawful health consulting advertising. Radio and television broadcast organs must strictly verify the statutory materials such as quality, certification, etc. of health consulting advertising for medical treatments, medicines, medical appliances, health protection foodstuffs, etc. It is necessary to strictly grasp the content orientation and style of health consulting advertising, determinedly prohibit the broadcast of advertising involving sex. It is necessary to standardize health consulting advertising forms, it is prohibited to covertly distribute advertising using the image of a health consulting special programme. Health consulting special programmes shall stress the presentation of scientific knowledge such as disease prevention, control and cure, and may not contain advertising content propagating medical treatments, medicines, medical appliances, health preservation foodstuffs, etc., and may not use patients or the name of doctors, apothecaries, experts, etc. as testimony.

VI, Determinedly prohibiting inserting all sorts of advertising during programme transmission. Radio and television broadcast organs, transmission organs (stations), antenna platforms (stations) and cable television network organs, when transmitting or relaying programmes, must preserve the integrity of the transmitted programme, and may not insert advertising in any way, such as rolling captions, added captions, corner advertising, added advertising, etc.; and may not replace the regular advertising in the transmitted programme with commercial advertising organized by themselves.

VII, Strictly requiring broadcast of public service advertising according to regulations. Radio and television broadcast organs must realistically implement the social responsibility of media, earnestly implement the provisions that public service advertising quantities during the golden hours may not be less than 4 items (times) per set of programmes per day, public service advertising broadcasting time over the entire day may not be less than 3% of the total amount of commercial advertising. Under special circumstances, such as because of public interest requirements, etc., administrative radio and television entities may require radio and television broadcast organs to broadcast public service advertising with specific content during appointed time periods, all broadcast organs must broadcast these as required.

VIII, Strictly investigating and prosecuting all kinds of advertising activities violating regulations. Radio and television broadcast organs and transmission organs must, according to the requirements of this “Notice”, immediately launch a complete self-examination and self-rectification, actively clean up problems violating regulations. Provincial-level and higher administrative radio and television entities must issue punishments such as warnings, report for criticism, temporary cessation of commercial advertising, etc, against those in which self-examination is not powerful, and where problems violating regulations persist, and investigate the responsibility of the main persons in charge and directly responsible personnel of the organ violating regulations. Organs punished by imposing a report for criticism, temporary cessation of commercial advertising broadcast, etc., will have their qualifications to participate in all “appraising the good and the first” activities in the radio and television system for that year. Provincial-level administrative radio and television entities shall within 5 working days of making a punishment decision against activities violating regulations, report the handling situation to the SARFT media organ management department for filing. In the near future, SARFT will organize examination groups, to conduct spot checks over focus locations and focus broadcasting organs.

Please transfer this Notice to all related organs in your jurisdiction immediately upon receipt, and supervise the realistic implementation, ensuring that radio and television advertising broadcast order continues to clearly improve.

广电总局关于进一步

  加强广播电视广告播出管理的通知

  2011年10月11日,广电总局向各省、自治区、直辖市广播影视局,新疆生产建设兵团广播电视局,中央三台、中国教育电视台,电影频道节目中心发出《关于进一步加强广播电视广告播出管理的通知》,通知说,《广播电视广告播出管理办法》(广电总局令第61号)实施一年多来,执行情况总体良好,社会各界普遍认可。但近来一些违规问题出现反弹,主要表现在:一是影视剧片头、片尾插播广告;二是超时插播广告;三是一些传输转播机构在传送转播节目时插播游动字幕广告;四是一些广告夸张宣传;五是一些时政新闻类节目商业冠名等。为坚决纠正这些问题,切实规范广告播出秩序,现就进一步加强广播电视广告播出管理工作,通知如下:

一、必须始终坚持把社会效益放在第一位。广播电视广告是广播电视节目的组成部分。广播电视播出机构要始终坚持把社会效益放在首位,牢牢把握广告内容的正确导向,认真履行对广告的依法审查职责,坚决抵制虚假违法广告,坚决抵制内容低俗的不良广告,严格依法经营和播出广告。

二、规范影视剧中间插播广告行为。电视台在影视剧中间插播广告时,必须严格遵守总局61号令规定:非黄金时间每集(以45分钟计)中可以插播2次商业广告,每次时长不得超过1分30秒;黄金时间(19:00至21:00)每集中可以插播1次商业广告,时长不得超过1分钟;插播广告时,应当对广告时长进行提示。同时要做到:(1)禁止在片头之后、剧情开始之前,以及剧情结束之后、片尾之前插播任何广告;(2)在非黄金时间影视剧持续播出时间不少于15分钟、黄金时间影视剧持续播出时间不少于25分钟后,方可依据61号令规定插播商业广告;(3)播出片尾画面以及演职人员表等内容时,禁止播出任何形式的广告。

三、规范新闻节目中插播广告行为。新闻节目中插播广告时,应当安排在不同版块之间的自然间歇段内,不得在整点新闻的整点之后,以及新闻内容结束之后、工作人员字幕前插播广告。时政新闻类节目不得以企业或者产品名称等冠名。不得使用新闻报道及其素材,或以新闻采访形式作商业广告。新闻节目主持人不得为商业广告作形象代言。

四、清理违规电视购物短片广告。根据《广电总局关于加强电视购物短片广告和居家购物节目管理的通知》(广发〔2009〕71号)和《广电总局关于进一步加强广播电视广告审查和监管工作的通知》(广发〔2010〕21号),广播电视播出机构必须严格审验电视购物短片广告投放企业资质,必须严格审查电视购物短片广告内容。对不符合条件的企业投放的短片广告,或者内容违反规定的短片广告,一律不得播出。对违规播出电视购物短片广告的播出机构,广播影视行政部门要依法依规查处。对在广播电视播出机构投放虚假违法电视购物短片广告的企业,总局将通报全系统禁止接受其投放的任何广告。

五、整顿虚假违法健康资讯广告。广播电视播出机构要严格审验医疗、药品、医疗器械、保健食品等健康资讯广告的资质、证明等法定材料。要严格把握健康资讯广告的内容导向和格调,坚决禁止播出涉性广告。要规范健康资讯广告形式,不得以健康资讯专题节目形式变相发布广告。健康资讯专题节目应当侧重介绍疾病预防、控制和治疗等科学知识,不得含有宣传医疗、药品、医疗器械、保健食品等广告内容,不得以患者和医生、药师、专家等名义作证明。

六、坚决禁止在转播节目时插播各类广告。广播电视播出机构、转播台(站)、发射台(站)和有线电视网络机构,在转播传送节目时,必须保证被转播节目的完整性,不得以游动字幕、叠加字幕、挂角广告、贴片广告等任何形式插播广告;不得以自行组织的商业广告替换被转播节目中的正常广告。

七、严格按规定要求播出公益广告。广播电视播出机构要切实履行媒体的社会责任,认真执行每套节目每日黄金时段公益广告播出数量不得少于4条(次)、全天公益广告播出时长不得少于商业广告总量3%的规定。因公共利益需要等特殊情况,广播影视行政部门可要求广播电视播出机构在指定时段播出特定内容的公益广告,各播出机构必须按要求播出。

八、从严查处各类广告违规行为。广播电视播出机构和转播机构要对照本《通知》要求,立即开展全面自查自纠,主动清理违规问题。省级以上广播影视行政部门要对自查不力、仍存在违规问题的,给予其警告、通报批评、暂停商业广告播出等处理,并追究违规机构主要负责人和直接责任人的责任。对被给予通报批评、暂停商业广告播出等处理的机构,取消其参加当年广播影视系统任何“评优评先”资格。省级广播影视行政部门在对违规行为作出处理决定后5个工作日内,应当将处理情况报总局传媒机构管理司备案。近期,总局将组织检查小组,对重点地区、重点播出机构进行抽查。

请接到本通知后,立即转发辖区内各有关机构,并督促切实贯彻落实,确保广播电视广告播出秩序继续明显好转。

About these ads

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s