CCP Central Committee and State Council Regulations on Strict Prohibition of Import, Duplication, Sale and Broadcast of Reactionary, Pornographic and Obscene Audio and Video Products

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(27 February 1982)

In recent years, all sorts of foreign audio and video products (including records, boxed recorded audio tapes and video tapes) have entered the country through many channels, amongst these there are many having content that is pornographic, obscene and even reactionary. The circulation of these audio and video products, gravely corrupts the thoughts of cadres and the public, especially the young, and utterly damages the construction of our socialist spiritual civilization. Especially gravely is that, in this sort of audio and video products, except for products entering in from abroad, there are also some domestic work units and individuals who duplicate and copy without authorization, or some work units that cooperate with foreign businesses to duplicate, produce and sell inland.

In order to resolutely stop the circulation of this sort of harmful audio and video products, the following Regulations are formulated:

1, Import management of audio and video products is strictly strengthened. Literature and art records, boxed recorded audio tapes and video tapes from Hong Kong, Macao, Taiwan and abroad, may without exception be imported and sold on the market as commercial products.

Foreign audio and video products especially needed by work unit disciplines such as scientific research, culture and education, military affairs, etc., are to be imported respectively by all central controlling ministries and bodies or handled through China Book Import Company, for internal purchasing. But importing pornographic and obscene products under false pretences must be strictly forbidden, where there are violations, political, organizational and legal liability must be borne by its controlling body, and there will be strict punishment. Foreign audio and video products for regular radio or television broadcast, shall be without exception imported by the Central Broadcast Sector Bureau, if import control is not strict, and pornographic and obscene products are secretly smuggled in, there will equally be strict punishment.

2, All audio and video products of which content is reactionary and pornographic or obscene, any work unit and individual may not openly or secretly sell, duplicate, rent, copy for guests and broadcast them, and may also not record or relay this sort of programme from foreign television or radio, and solicit an audience.

3, Customs of all localities must realistically strengthen inspection work. All records, recorded audio tapes and video tapes personally carried into the borders and originating from other channels, where reactionary, pornographic or obscene content is discovered, will be confiscated without exception according to Customs regulations, where circumstances are serious, fines will be imposed, and the higher authority discipline committee and party committee of the work unit importing this sort of products will be informed to invest.

4, Work units importing foreign audio and video material, shall appoint special personnel to engage in examination of imported audio and video products. All instances where abovementioned harmful audio and video products are discovered shall without exception be sealed or destroyed.

5, Any work unit and individual may not lend audio and video products and films containing reactionary, pornographic or obscene content to foreign embassies in China and other organs or personnel in China. This matter, has already been clearly forbidden by the Centre, when this sort of situation arises (including situation having arisen in the past), any Party organization and Party member having knowledge, must immediately expose this to the higher-level Party Discipline Commission, in order to strictly investigate and prosecute it.

6, Foreign audio and video products are not all pornographic and obscene, those parts that are healthy, proper, or, although it is only entertainment, but do not contain vulgar tastes, must be extended different treatment to, and cannot be prohibited without exception. In order to satisfy the widespread need of culture and art workers and the masses for enjoyment and learning from foreign culture and art programmes, stimulate the cultural exchange between peoples of all countries, foreign audio and video art products, will be selectively published by State-appointed audiovisual publishing work units, or in a planned fashion select a number of records, recorded audio tapes and video tapes, to function as reference material for internal distribution. Non-State designated audiovisual publishing work units, without exception may not conduct the abovementioned business, those that now still conduct it are prohibited to continue operations without exceptions, in order to block leaks of continuous circulation of pornographic and obscene products

7, Factories producing records, recorded audio tapes and video tapes, using remaining production capacity to engage in processing work of records, recorded audio tapes and video tapes for foreign businesses, must be examined and approved by the provincial-level or higher controlling body. All audio and video products of which the content is reactionary, pornographic or obscene, of which there is no proof of copyright, without exception may not be processed. Processed products are only allowed to be sold abroad, and without exception are not allowed to be sold domestically or be handled in any other illegal way (including projection, copying, presenting as a gift, etc.), all remaining specimen files must be strictly sealed and reported to the higher-level discipline committee and party committee for filing.

8, Publication and distribution work of audio and video products, has been entrusted by the State to the Central Broadcast Sector Bureau for specialized management, relevant specialist Central Broadcast Sector Bureau, when exhibiting conduct violating these Regulations, will be accorded heavier punishment.

9, From the day of promulgation of these Regulations, all those engaging in activities such as import, duplication production, sale, etc. of the abovementioned audiovisual products not in conformity with these Regulations, shall without exception be punished, and liability shall be investigated for all his past mistakes one by one, petitioned to the higher-level discipline committee and Party committee punish the respective circumstances, rule-breaking may not be hidden, in order to set clear examples. Unsold audio and video products with harmful content, will without exception be demagnetized, destroyed or sealed under higher-level supervision. Concerning abovementioned products scattered around a society, the masses shall be mobilized, through education, to make the holders to hand those over or destroy them of their own accord. All broadcast sector bureaus administrative industry and commerce management entities, public security, and culture and education entities and Customs of all localities, shall earnestly carry out inspection, all those violating these Regulations, shall be strictly punished without exception according to the law.

10, These Regulations shall be propagated among the masses. State cadres, Party members and Youth League members must pioneer in observing and checking on each other, and mobilize powers from all aspects of society to supervise and examine the implementation of these Regulations. Party members and cadres violating these Regulations, apart from punishment according to the law, shall also be strictly punished according to Party discipline rules. Party members and cadres concealing knowledge shall also receive disciplinary sanctions.

Concerning the implementation situation of these Regulations, all provincial, municipal and autonomous region Party committees are requested to report to the Centre before the end of May.

中共中央、国务院关于严禁进口、复制、销售、播放反动黄色下流录音录像制品的规定

近年来,海外各种录音录像制品(包括唱片、盒式有声录音带和录像带),通过多种渠道流入国内,其中有许多内容是黄色下流甚至反动的。这些录音录像制品的流传,严重地腐蚀着干部、群众特别是青年的思想,对我们社会主义精神文明的建设十分有害。尤其严重的是,在这类录音录像制品中,除从海外流入的以外,还有国内一些单位和个人擅自复制、转录的,或一些单位同外商合作在内地复制生产和销售的。

为了坚决制止这种有害的录音录像制品的流传,特作如下规定:

一、严格加强录音录像制品的进口管理。香港、澳门、台湾和外国的文艺唱片、盒式有声录音带和录像带,一律不得作为商品进口并在市场上出售。

科研、文教、军事等单位专业特殊需要的海外录音录像制品,分别由中央各主管部委进口或经中国图书进出口公司办理,内部订购。但必须严禁假借名义进口黄色下流制品,如有违犯,必须由其主管部门承担政治、组织和法律责任,从严处罚。一般广播电视播出用的海外录音录像制品,一律由中央广播事业局进口,如进口把关不严,私自夹带黄色下流制品,同样从严处罚。

二、凡属内容反动和黄色下流的录音录像制品,任何单位和个人不得公开或私下出售、复制、出租、代客转录和播放,也不得从海外电视、广播中收录或转播这类节目,招揽观众。

三、各地海关切实加强检扣工作。凡私人携带入境和由其他途径输入的唱片、有声录音带、录像带,发现内容反动、黄色下流的,一律按海关规定没收,情节严重者应课以罚款,并通知进口此类制品单位的上级机关纪委和党委查处。

四、进口海外录音录像资料的单位,应指定专人对进口的录音录像制品进行审查。凡发现上述有害的录音录像制品,应一律封存或销毁。

五、任何单位和个人不得向外国驻华使馆和其他驻华机构或人员借放内容反动、黄色下流的录音录像制品和影片。此事中央早经明令禁止,在出现这类情况时(包括过去出现过的情况),任何知情的党组织和党员都必须立即向上级党的纪委揭发,以便从严查处。

六、外国录音录像制品并非都是黄色下流的,其中健康的、正当的或虽只有娱乐性但尚非低级趣味的部分必须区别对待,不能一律查禁。为满足广大文艺工作者和人民群众欣赏、借鉴外国文艺节目的需要,促进各国人民间的文化交流,对海外文艺录音录像制品,由国家指定的音像出版单位有选择地出版,或有计划地选录某些唱片、有声录音带、录像带,作为参考资料,内部发行。非国家指定的音像出版单位,一律不得经营上述业务,现仍在经营的一律禁止继续经营,以便堵塞黄色下流制品继续流传的漏洞。

七、生产唱片、有声录音带和录像带的工厂,利用剩余生产能力为外商进行唱片、有声录音带、录像带来料加工业务,须经省级以上主管部门严格审查批准。凡内容反动、黄色下流或者没有版权证明的录音录像制品,一律不得加工。来料加工产品只许外销,一律不准在国内销售或作任何其他非法处理(包括放映、转录、赠送等),凡须留样存档者必须严格封存并报告上级纪委和党委备案。

八、录音录像制品的出版与发行工作,国家委托中央广播事业局归口管理。中央广播事业局有关人员如有违背本规定行为,加重处罚。

九、自本规定发布之日起,凡不符合本规定从事上述录音录像制品进口、复制生产、销售等业务者,应一律取缔,并应对过去错误逐一查明责任,报请上级纪委和党委分别情况议处,不得隐瞒宽纵,以昭鉴戒。尚未售出的内容有害的录音录像制品,一律在上级监督下消磁、销毁或封存。流散在社会上的上述有害制品,应发动群众,通过教育,动员持有者自动交出或销毁。各地广播事业局、工商行政管理部门、公安、文教部门和海关,应认真进行检查,凡违反本规定者,一律依法从严惩处。

十、本规定应在群众中宣布。国家干部、共产党员、共青团员要带头遵守并互相监督,并动员社会上各方面的力量来监督、检查本规定的执行。违反本规定的党员干部,除依法惩处外,并需按党纪政纪从严处分。知情不报的党员干部亦应受到纪律处分。

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