Supplementary Notice concerning Further Perfecting the Management of Online Dramas, Microfilms and Other Such Online Audiovisual Programmes

This is a translation of the press release on this notice published on the SAPPRFT website. In good SAPPRFT tradition, the original document has not been made public. 

Recently, in response to the problems of topic selection, programme content, production quality and other aspects of a number of online dramas, microfilms and other such online television programmes, the State Administration of Press, Publications, Radio, Film and Television has issued the “Supplementary Notice concerning Further Perfecting the Management of Online Dramas, Microfilms and Other Such Online Audiovisual Programmes”, which aims to further perfect management, create a civilized and healthy online environment, and prevent online audiovisual programmes with vulgar content and a low style, which play up violence and sex to have a harmful influence on society.

The “Supplementary Notice” stresses that Internet audiovisual programme service work units must carry out their responsibilities as operating subjects well, strictly keep the broadcast gate, and produce and broadcast online dramas, microfilms and other such online audiovisual programmes that are suited for online dissemination, reflect the spirit of the times, carry forward the true, the good and the beautiful, that the people love to see and hear. Bodies engaging in the production of online dramas, microfilms and other such audiovisual programmes shall obtain a “Radio and Television Programme Production Permit” issued by the administrative radio, film and television departments according to the law. Internet audiovisual programme service work units may not broadcast online dramas, microfilms and other such online audiovisual programmes produced by bodies that have not obtained a “Radio and Television Programme Production Permit”. Where online dramas, microfilms and other such online audiovisual programmes are produced and uploaded by individuals, the Internet audiovisual programme service work unit that transmits this programme is to bear the responsibility of the producing body. Internet audiovisual programme service work units can only transmit online dramas, microfilms and other such online audiovisual programmes uploaded by individuals after verifying their real identity information and where they conform to content management regulations, they may not transmit this sort of programmes uploaded by users not using their real names.

The “Supplementary Notice” requires that all localities’ administrative press, publications, radio, film and television departments strengthen management over radio and television production and business bodies, launch focused training for main creative personnel producing online dramas, microfilms and other such online audiovisual programmes, strengthen management over online drama and microfilm theme selection, and guarantee that the selected topics are positive, healthy and upward. At the same time, they are to adopt methods including organizing creative fora, launching excellent programme competitions, sector self-discipline and artistic criticism to guide creative personnel to persist consciously in the correct orientation.

The “Supplementary Notice” provides that before online dramas, microfilms and other such audiovisual programmes are broadcast online, programme information filing shall be completed; where, after online broadcast, the masses report or the press, publications, radio, film and television department discovers that programme content does not conform to relevant State regulations, it must be immediately taken offline. Where radio and television programme production business bodies produce online dramas, microfilms and other such online audiovisual products, and the product content violates relevant radio and television regulations, the controlling department imposes punishment according to the “Radio and Television Management Regulations”, the “Radio and Television Programme Production Management Regulations” and other such relevant regulations.

In July 2012, the then SARFT and the State Internet Information Office jointly issued the “Notice concerning Further Strengthening Management over Online Dramas, Microfilms and Other Such Online Audiovisual Programmes”. In response to new issues that emerged in practice, the State Administration of Press, Publications, Radio, Film and Televisions researched and formulated the “Supplementary Notice”.

国家新闻出版广电总局印发
关于进一步完善网络剧、微电影等
网络视听节目管理的补充通知

近日,针对部分网络剧、微电影等网络视听节目在题材选择、节目内容、制作资质等方面存在的问题,国家新闻出版广电总局印发了《关于进一步完善网络剧、微电影等网络视听节目管理的补充通知》,旨在进一步完善管理,营造文明健康的网络环境,防止内容低俗、格调低下、渲染暴力色情的网络视听节目对社会产生不良影响。
《补充通知》强调,互联网视听节目服务单位要履行好开办主体的职责,严把播出关,制作播出适合网络传播、体现时代精神、弘扬真善美、人民群众喜闻乐见的网络剧、微电影等网络视听节目。从事生产制作网络剧、微电影等网络视听节目的机构,应依法取得广播影视行政部门颁发的《广播电视节目制作经营许可证》。互联网视听节目服务单位不得播出未取得《广播电视节目制作经营许可证》机构制作的网络剧、微电影等网络视听节目。个人制作并上传的网络剧、微电影等网络视听节目,由转发该节目的互联网视听节目服务单位履行生产制作机构的责任。互联网视听节目服务单位只能转发已核实真实身份信息并符合内容管理规定的个人上传的网络剧、微电影等网络视听节目,不得转发非实名用户上传的此类节目。
《补充通知》要求,各地新闻出版广电行政部门要加强广播电视节目制作经营机构的管理,对生产制作网络剧、微电影等网络视听节目的主创人员开展有针对性的培训,加强网络剧、微电影选题管理,确保所选题材积极健康向上。同时,采取举办创作座谈会、开展优秀节目评比、行业自律和文艺批评等方式,引导主创人员自觉坚持正确导向。
《补充通知》规定,网络剧、微电影等网络视听节目上网播出前应完成节目信息备案;上网播出后,群众举报或新闻出版广电行政部门发现节目内容不符合国家有关规定的,要立即下线。广播电视节目制作经营机构生产制作网络剧、微电影等网络视听节目,节目内容违反广播影视有关管理规定的,主管部门要按照《广播电视管理条例》、《广播电视节目制作经营管理规定》等相关规定予以处罚。
2012年7月,原广电总局和国家互联网信息办公室联合印发了《关于进一步加强网络剧、微电影等网络视听节目管理的通知》。针对实践中出现的新问题,国家新闻出版广电总局研究制订了《补充通知》。

Notice concerning the Implementation of the “Online Culture Business Work Unit Content Self-Inspection Management Rules”

WSF No. (2013)39

All provincial, autonomous region and municipal culture offices (bureaus), the Xinjiang Production-Construction Corps Culture, Radio, Film and Television Bureau, the Beijing, Tianjin, Shanghai and Chongqing administrative cultural market law enforcement teams, the Tibet Autonomous Region Cultural Market Comprehensive Law Enforcement Team:

In order to implement the State Council’s requirements concerning further transforming government functions and streamlining administration, all levels’ administrative culture departments will cancel, transfer down and simplify administrative examination and approval procedures on the basis of their real situations, management duties are to be transferred to enterprises or social organizations, and government departments are to strengthen service and supervision. On the basis of the “Provisional Internet Culture Management Regulations”, and in integration with the reality and needs of online culture construction and management, the Ministry of Culture has formulated the “Online Culture Business Work Unit Content Self-Inspection Management Rules” (hereafter simply named “Rules”), the objective is to strengthen enterprises’ autonomous management capacity and self-discipline responsibilities, and guarantee that online culture develops healthily and rapidly. They are hereby printed and issued, please implement them according to the following requirements: Continue reading

Some Opinions concerning Stimulating Information Consumption and Expanding Internal Demand

GF No. (2013)23

All provincial, autonomous region and municipal People’s Governments, all State Council ministries and commissions, all directly subordinate organs:

In recent years, information technology innovation on a global scale has incessantly accelerated, and new products, new services and new business models in the information area have emerged in large numbers, incessantly stimulating new consumption demands, and becoming consumption hot sports that become more dynamic every day. The scale of our country’s market is huge, and it is currently in a stage where residents’ consumption rises and informatization, industrialization, urbanization and agricultural modernization are accelerating, merging and developing, information consumption has a good development basis and huge development potential. At the same time, our country’s information consumption faces such problems as the fact that basic infrastructure support capacity remains to be upgraded, product and service innovation capacity is weak, market access thresholds are high, supplementary policies are incomplete, sectoral barriers are grave, structures and mechanisms are not adapted, etc., it is urgently necessary to adopt measures to resolve these. Accelerating and stimulating information consumption is able to effectively drive demand, foster new economic growth points, stimulate consumption upgrading, industrial transformation and an improvement in people’s livelihoods, it is an important measure that both benefits the present and benefits the long term, it stabilizes growth and adjusts structures. In order to accelerate and promote the sustained growth of information consumption, hereby, the following Opinions are put forward: Continue reading

Explaining the “Telephone User Real Identity Information Registration Regulations”

On 16 July 2013, the Ministry of Industry and Information Technology promulgated the “Telephone User Real Identity Information Registration Regulations” (People’s Republic of China, Ministry of Industry and Information Technology Decree No. 25). A journalist interviewed Ministry of Industry and Information Technology Politico-Legal Department Inspector Li Guobin, asking him to explain the “Regulations”.

Q: The Ministry of Industry and Information Technology recently promulgated the “Telephone User Real Identity Information Registration Regulations”, could I ask what the significance of publishing the “Regulations” is? Continue reading

Telephone User Real Identity Information Registration Regulations

This translation tracks the changes between the earlier opinion-seeking draft and this final version. Underlined sections are reformulations or additions, sections that are crossed out are sections from the opinion-seeking draft that have been deleted. 

People’s Republic of China, Ministry of Industry and Information Technology Decree

No. 25

The “Telephone User Real Identity Information Registration Regulations” were deliberated and passed on 28 June 2013, at the 2nd ministerial meeting of the Ministry of Industry and Information Technology of the People’s Republic of China, are hereby promulgated, and will take effect on 1 September 2013.

16 July 2013

Minister: Miao Wei

Article 1: In order to standardize the registration activities of telephone users’ real identity information, guarantee the lawful rights and interests of telephone users and telecommunications business operators, safeguard network information security, and stimulate the healthy development of the telecommunications sector, on the basis of the “National People’s Congress Standing Committee Decision concerning Strengthening Network Information Protection” and the “Telecommunications Regulations of the People’s Republic of China, these Regulations are formulated. Continue reading

Telecommunications and Internet Personal User Data Protection Regulations

This translation tracks the changes between the earlier opinion-seeking draft and this final version. Underlined sections are reformulations or additions, sections that are crossed out are sections from the opinion-seeking draft that have been deleted. 

People’s Republic of China, Ministry of Industry and Information Technology Decree

No. 24

The “Telecommunications and Internet Personal User Data Protection Regulations” were deliberated and passed on 28 June 2013, at the 2nd ministerial meeting of the Ministry of Industry and Information Technology of the People’s Republic of China, are hereby promulgated, and will take effect on 1 September 2013.

Minister: Miao Wei Continue reading

Notice concerning Printing and Issuing the Provisions on the Main Duties, Internal Structuring and Personnel Allocation of the General Administration of Press, Publications, Radio, Film and Television

GBF No. (2013)76

All provincial, autonomous region and municipal People’s Governments, all State Council Ministries and Commissions, all directly subordinate organs:

The “Provisions on the Main Duties, Internal Structuring and Personnel Allocation of the General Administration of Press, Publications, Radio, Film and Television” have been approved by the State Council and are hereby printed and issued.

State Council General Office

11 July 2013 Continue reading

Telecommunications and Internet User Individual Information Protection Regulations (Opinion-seeking Draft)

Chapter I: General principles

Article 1: In order to protect the lawful rights and interests of telecommunications and Internet users, safeguard network information security, on the basis of the “National People’s Congress Standing Committee Decision concerning Strengthening Network Information Protection”, the “Telecommunications Regulations of the People’s Republic of China”, the “Internet Information Service Management Rules” and other laws and administrative regulations, these Regulations are formulated. Continue reading

Telephone User Real Identity Information Registration Regulations (Opinion-Seeking Draft)

Article 1: In order to standardize the registration activities of telephone users’ real identity information, guarantee the lawful rights and interests of telephone users and telecommunications business operators, safeguard network information security, and stimulate the healthy development of the telecommunications sector, on the basis of the “National People’s Congress Standing Committee Decision concerning Strengthening Network Information Protection” and the “Telecommunications Regulations of the People’s Republic of China, these Regulations are formulated. Continue reading

Notice concerning Implementing a Television Documentary Theme Announcement System

On 7 February, SARFT issued the “Notice concerning Implementing a Television Documentary Theme Announcement System” (GF No. (2013)11) to all provincial, autonomous region and municipal radio and television bureaus, the Xinjiang Production-Construction Corps radio and television bureau, the Liberation Army General Political Department Propaganda Department, CCTV, China Film Group Co., the Central New Film Group, China Education Television, and relevant Centre and State work units, the notice says that, in recent years, our country’s television documentary creation and production has become more dynamic every day, quantity and quality rise incessantly and a desirable development tendency has emerged. On the basis of the spirit of the “SARFT Notice concerning Printing and Issuing Some Opinions on Accelerating the Development of the Documentary Industry” (GF No. [201088]), in order to further let the television documentary market flourish, promote the healthy and orderly development of television documentary creation and production, assist the documentary sector to timely understand information on television documentary themes, attract social forces to participate in television documentary creation and production, avoid production clashes, waste of resources and other problems, and stimulate the formation of a desirable situation in which film documentary production and creation is rich in themes, scientific in its composition, resources are optimized, excellent products merge in large numbers and talents come to the fore, SARFT will implement a television documentary theme announcement system starting from 2013, to gather theme information concerning nationwide television documentary creation and production, Sino-foreign coproductions, imported foreign television documentaries (including source material), etc., and announce it to society. Hereby, the following matters are notified in order to do the work well. Continue reading

Information Security Technology Guidelines for Personal Information Protection on Public and Commercial Service Information Systems

Includes explanatory notes published by the Ministry of Industry and Information Technology.

Our country’s first national personal information protection standards, the “Information Security Technology Guidelines for Personal Information Protection on Public and Commercial Service Information Systems” will be implemented from 1 February 2013. The said standard’s clearest characteristic is that, before sensitive personal information is collected and used, the clear authorization of the subject of that personal information must be obtained in advance.

The Ministry of Industry and Information Technology Information Security Coordination Department’s vice-director Ouyang Wu said, at a teaching meeting on national standards for personal information protection, that these standards are put forward and specifically organized by the National Information Security Standardization Technology Committee, the China Software Observation Centre took the lead in formulating them jointly with many work units. The said standards are our country’s first national standards concerning personal information protection, and were published last year in November. Continue reading

Network Publishing Service Management Regulations (Opinion-Seeking Revision Draft)

Chapter I: General Principles

Article 1: In order to standardize network publishing services order, stimulate the healthy and orderly development of publishing service business, on the basis of the State Council’s “Publishing Management Regulations” and “Internet Service Management Rules”, and corresponding laws and regulations, these Regulations are formulated.

Article 2: These regulations apply to engaging in network publishing business within the territory of the People’s Republic of China. Continue reading

Management Rules on Foreign Press and Publications Organs Establishing Offices Within the Territory of China

(Opinion-seeking Draft)

Article 1: In order to standardize the establishment of foreign press and publications organs’ offices within the territory of China and their work activities, stimulate Sino-foreign press and publications exchange, on the basis of the “Publishing Management Regulations”, the “Foreign Enterprises’ Permanent Representative Organ Registration Management Regulations” and the “State Council Decision concerning Administrative Examination and Approval Matters and Administrative Permits that Need to Be Maintained”, these Rules are formulated. Continue reading

Press and Publications Industrial Standardization Management Rules

(Opinion-seeking Revision Draft)

Chapter I: General Principles

Article 1: In order to strengthen management over press and publications standardization work, stimulate technological innovation and development in the press and publications sector, on the basis of the “Standardization Law of the People’s Republic of China” and other relevant laws and regulations, integrating the real situation of the press and publications sector, these Rules are formulated. Continue reading

Implementation Rules concerning Newspaper and Periodical Editorial Structure Reform

On the basis of the spirit of the “Central Committee Secretariat and State Council Secretariat Opinions concerning Deepening Structural Reform of Non-Current Affairs-Type Newspaper and Periodical Publishing Work Units” (ZBF No. (2011)19), and according to the relevant provisions of the “Publishing Management Regulations”, integrating the real situation of newspaper and periodical editorial departments, these Implementation Rules are formulated. Continue reading

Notice concerning Questions Relating to IPTV Integrated Broadcast Construction

This document has not been openly published by SARFT. The following is a translation of a press article outlining and analyzing the main changes of the new IPTV license regime. 

SARFT No. 43

Description of the IPTV business operation permit.

According to the requirements of corresponding radio and television management regulations, general and branch IPTV integrated broadcast control platforms, nationwide IPTV content service platforms and provincial-level content service platforms, and IPTV service enterprises, shall all respectively obtain an “Information Network Audiovisual Programme Broadcast Permit” through the corresponding permit programmes promulgated by SARFT. Only after all the above-mentioned parties obtain the corresponding permit, may they be linked up and launch services.

Continue reading

New Draft Internet Regulations: the Empire Strikes Back?

Yesterday, the State Council published new draft regulations on the management of Internet information services. These are explicitly aimed at microblog platforms and related social media, following a week after the much-publicized Weibo User Pact took effect. On Tea Leaf Nation, David Wertime eloquently analyses the different aspects of the new document.

Despite the look of it, this not a sea change. The current law already assigns criminal liability to any service providers, broadly defined, who disseminate speech fitting any one of nine categories of harm. Moreover, Chinese authorities already exercise Internet control as they see fit, shutting down blogs and forums, occasionally arresting “bad actors,” and requiring Weibo, or China’s Twitter, to implement real-name registration.

Instead, it’s the message behind the law that matters, and the message to China’s social media is clear: We can shut you down. Providers of social media platforms will surely sweat when reminded by the State Council that their businesses merely exist at the pleasure of those in power. The law’s preamble now lists “protecting national safety and public interest” (维护国家安全和公共利益) as one of its objectives, and adds that which “incites illegal gatherings” (煽动非法聚集) to the category of illegal speech. This signals that Beijing is acutely aware of the potentially destabilizing power of China’s blogosphere.

I would add one more remark. By adding to the administrative burden of setting up and running Internet enterprises, the regime might endeavour to keep the number of players low. It is much easier controlling a small number of large visible enterprises than having to deal with large numbers of smaller companies. Hence, by making market access procedures more difficult, the administration puts up the pressure on social media enterprises to keep their side of the deal: permission to operate in return for toeing the political line.

I translated the draft document, as well as the accompanying explanations, and you can find them here.

Internet Information Service Management Rules (Opinion-Seeking Version of Revision Draft)

Explanation concerning the “Internet Information Service Management Rules (Opinion-Seeking Version of Revision Draft)

Internet Information Service Management Rules (Opinion-Seeking Version of Revision Draft)

Chapter I: General provisions

Article 1: In order to stimulate the healthy and orderly development of Internet information services, safeguard national security and the public interest, protect the lawful rights and interests of citizens and Internet information service providers, and standardize Internet information services activities, these Rules are formulated. Continue reading

Explanation concerning the “Internet Information Service Management Rules (Opinion-Seeking Version of Revision Draft)

The existing “Internet Information Service Management Rules” (hereafter named the existing Rules) are the basic regulations for our country’s Internet management, and have had a vigorous function in the healthy and orderly development of our country’s Internet information service since promulgation in 2000. Following the rapid development of our country’s Internet, many new situations have emerged, a number of new problems are faced, in order to further stimulate the healthy and orderly development of the Internet, safeguard national security and the public interest, protect the lawful rights and interests of the public and Internet information service providers, standardize Internet information service activities, according to the Constitution and corresponding laws and regulations, the State Internet Information Office, the Ministry of Industry and Information Technology and other relevant departments have conducted revision of the existing Rules, and have formed the “Internet Information Service Management Rules (Opinion-Seeking Version of Revision Draft”. Hereby, the relevant matters are explained as follows: Continue reading