Notice concerning Earnestly Implementing the State Council “Regulations concerning Strictly Prohibiting Obscene Goods”

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4 May 1985, Ministry of Radio and Television

All localities’ radio and television departments must earnestly implement the “Regulations concerning Strictly Prohibiting Obscene Goods” published on 17 April by the State Council, and in the near future, grasp it as an important task. In order to do so, the following is notified:

I, Under the unified leadership of the local People’s Government, strengthen cooperation and coordination with relevant department, and conduct a one-time clean-up of audio and video products having obscene content.

II, One of radio and television departments’ main task in the work of cleaning up obscene goods is distinguishing obscene audio and video products, and provide professional appraisal for judicial organs. This work is the responsibility of all provincial, autonomous region and municipal radio and television office and bureau chiefs and directors, they appoint cadres having corresponding political and professional levels to compose a small group (the number of members should not be too high) to carry this out concretely. When conducting appraisal, the definitions provided in Articles 2 and 3 of the “Regulations concerning Strictly Prohibiting Obscene Goods” should be strictly followed, with differential treatment, they must be both strict and earnest, and may not expand the scope. It is permitted to deal with audio and video products containing some obscene content, but which have artistic value, by demagnetizing the obscene part, and not to ban them as obscene products.

III, Among audio and video products, the focus of clean-up work should be video products; among video product owners, the focus of clean-up work should be video screening teams and points.

All video screening teams and points (including those not having undergone or approval and not having business licences” must be required to draw up a list of all their video programmes (including those not openly screened) and report them to the city our county radio and television bureau or station for filing. All those actively handing over video tapes with obscene content, may be dealt with leniently or exempted from punishment; those concealing and not handing them over, as soon as they are discovered, are dealt with severely. Video tapes with obscene content that are handed over, are to be submitted to public security departments for processing without exception, and may not be scattered.

Video screening teams and points that have not applied for approval according to regulatory procedure, and that have not obtained a business licence, are required to provisionally cease screening without exception, and they are ordered to conduct examination, approval and registration formalities, and obtain business licenses. Henceforth, those screening films in violation of regulations without having undergone approval, are banned without exception.

IV, All levels’ radio and television organs must first and foremost settle whether or not we have internal video tapes with obscene content and illegal screening activities. Other Party, government or military organs, people’s organizations and enterprise or undertaking work units possessing video products, must be enjoined with cleaning them up on their own initiative within a given time, and report the clean-up results in writing to the radio and television department of their locality, for reference filing. From now on, if concealed video products with obscene content are discovered and they have not been dealt with, the responsibility of the work unit’s leadership must be investigated.

V, Reiterating the State Council “Provisional Audio and Video Product Management Regulations”, “video products for distribution and sale must be published by a State-approved audiovisual product publishing work unit”, private reproduction and sale on the market is prohibited.

Please integrate all the above points with the local reality and put forward feasible measures and methods to the local people’s government, cooperate closely with relevant departments, gradually put them into effect. All provincial, autonomous region and municipal radio and television offices and bureaus must strengthen leadership over this work, coordinate forces, and strive to achieve results. Please timely report lists of obscene scene audio and video product discovered in reality to our Ministry’s audiovisual product management department.

 

广播电视部关于认真贯彻执行国务院《关于严禁淫秽物品的规定》的通知

 

1985年5月4日,广播电视部

 

国务院4月17日发布的《关于严禁淫秽物品的规定》,各地广播电视部门必须认真贯彻执行,在最近一段时间内作为一件重要任务来抓。为此,特作如下通知:

一、在当地人民政府统一领导下,加强与有关部门协作配合,对有淫秽内容的录音录像制品进行一次清查。

二、广播电视部门在清查淫秽物品工作中的主要职责之一是对淫秽录音录像制品进行鉴别,为司法部门提供业务鉴定。这一工作由各省、自治区、直辖市广播电视厅、局主管厅、局长负责,指定有相当政治和业务水平的干部组成小组(人数不宜太多)具体进行。鉴别时要严格按照国务院《关于严禁淫秽物品的规定》第二和第三条规定的界限,区别对待,既要严肃、认真,又不要扩大范围。对夹有淫秽内容的有艺术价值的录音录像制品,可将其中的淫秽部分作消磁处理,但不作为淫秽物品查禁。

三、在录音录像制品中,清查的重点是录像制品;对录像制品持有者,清查的重点是录像放映队、点。

对所有的录像放映队、点(包括没有经过批准、没有营业执照的),要求他们将其所有的录像片目(包括没有公开放映过的)开具清单报所在市、县广播电视局、站备案。凡主动交出有淫秽内容录像带者,可以从轻处理或免予追究;隐瞒不交者,一经查出,从严处理。交出的有淫秽内容的录像带,一律交公安部门处理,不得扩散。

对没有按规定程序申报批准、没有领取营业执照的录像放映队、点,要求一律暂停放映,并责令其补办审批、登记手续和领取营业执照。今后不经批准违章放映者,一律取缔。

四、各级广播电视机构要首先清理我们内部有无录有淫秽内容的录像带和非法放映活动。对其他持有录像制品的党、政、军机关,人民团体和企事业单位,都要责成他们限期自行清理,并将清理结果书面报所在地方的广播电视部门,备案存查。今后,如发现有淫秽录像制品隐瞒不做处理,要追究单位领导责任。

五、重申国务院《录音录像制品管理暂行规定》,“发行销售的录像制品,必须由国家批准的音像制品出版单位出版”,禁止私自翻录并在市场上出售。

以上各点,请结合当地实际提出可行的措施和办法报当地人民政府,与有关部门密切配合,有步骤地付诸实施。各省、自治区、直辖市广播电视厅、局要加强对这一工作的领导,配备力量,务求做出成效。各地查出的淫秽音像制品名目请及时报我部音像制品管理处。

 

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