All provincial, autonomous region and municipal press and publications bureaus, culture offices (bureaus), radio and television offices (bureaus), specialized audiovisual management departments:
Since some time, a number of departments, work units and individuals, paying no attention to State laws and regulations, have adopted all kinds of manners to engage in illegal audiovisual publishing and distribution activities, the harm to the construction of a Socialist material civilization and spiritual civilization is very large, and this must be rapidly and firmly investigated and prosecuted, and determinedly attacked. The State Council “Notice concerning Strictly Attacking Illegal Publishing Activities” (GF No. (1987)65) clearly provides that: Apart from State-approved publishing work unit, no work unit or individual may publish books, newspapers, periodicals and audiovisual publications that are openly distributed in society, offences fall under illegal publishing activities”. The Central Committee Secretariat and State Council Secretariat “Notice concerning Rectification and Clean-up of the Book, Newspaper, Periodical and Audiovisual Markets and Severely Attacking Criminal Activities” (ZBF NO. (1989)13) also points out in clear terms that: “illegally published books, newspapers, periodicals and audiovisual products” are to be banned without exception.
In order to implement the spirit of the 14th Party Congress concerning “Firmly grasping with both hands, both hands must be strong”, and strengthen management over audiovisual markets, hereby, the following is notified concerning issues in investigating and prosecuting illegal audiovisual publications.
I, Scope of illegal audiovisual publications
According to the provisions of the State Council “Notice concerning Strictly Attacking Illegal Publishing Activities” (GF No. (1987)65) and the Central Committee Secretariat and State Council Secretariat “Notice concerning Rectification and Clean-up of the Book, Newspaper, Periodical and Audiovisual Markets and Severely Attacking Criminal Activities” (ZBF NO. (1989)13), all audio tapes, video tapes, records, laser records, laser video discs and other audiovisual products that are not published by a State-approved audiovisual publishing work unit and that are openly distributed in society count as illegal audiovisual publications, their scope is:
1, audiovisual publications made by misappropriating the name or publishing number of State-approved audiovisual publishing work units;
2, audiovisual publications made by faking the name or publishing number of an audiovisual publishing work unit that does not exist in fact;
3, binding and layout, audiovisual tale cores and other reproductions passing off as lawful publications produced through pirating means;
4, audiovisual publications made by purchasing the name or publishing number of State-approved audiovisual publishing work units,
5, audiovisual publications openly distributed in society that are not signed with the name of a publishing work unit or signed with the name of a non-publishing work unit;
6, audiovisual publications made by using the name or publishing number of cancelled or closed audiovisual publishing work units,
7, audiovisual publications reproduced without authorization by audiovisual reproduction work units;
8, audiovisual publishing work units publishing and distributing foreign audiovisual publications without undergoing approval by the State controlling department;
9, audiovisual publications smuggled into the territory and pirated foreign audiovisual products;
10, other illegal audiovisual products as determined by the provincial-level or higher administrative audiovisual management department.
II, Investigation and prosecution of illegal audiovisual publications
County-level or higher administrative audiovisual management departments may, concerning illegal publications falling within the banning scope, adopt advance administrative coercion measures such as ordering cessation of production and sales, sealing up, detention, confiscation, etc., to prevent their further dissemination. County-level or higher investigation and prosecutions shall conduct appraisal of the illegal publications as soon as possible, and make a punishment decision concerning work units and individual producing and peddling illegal audiovisual publications according to the provisions of relevant laws, regulations and rules.
Where there are differences of opinion in appraising illegal audiovisual publications, the higher-level administrative audiovisual management department may be requested to make an appraisal. Illegal audiovisual publications are to be confiscated and destroyed without exception. Against work units and individuals producing and peddling illegal audiovisual publications, in consideration of the gravity of the situations, issue of a warning, a fine, confiscation of illegal income, cessation of business for rectification, cancellation of permits or other administrative punishment measures may be respectively imposed. Where it constitutes a crime, it shall be handed over to public security and judiciary organs according to the law.
III, Work requirements
The work to investigate and prosecute illegal publications is an important component part of “sweeping pornography” work. All localities and all departments must strengthen leadership, vigorously cooperate, battle in coordination, and grasp matters without tiring. Focused, concentrated campaigns must be undertaken, and attention must be paid to strengthening regular management. Localities where the problem is grave must annually attack this a few times per year. Investigated and prosecuted large and major cases must be closely integrated with cleaning up the entire audiovisual market, ensuring that the phenomenon of illegal audiovisual publications flooding the market is fundamentally changed.
After receiving this notice, all localities are requested to report the arrangement and progress of investigation and prosecution work of illegal publications timely to the Administration of Press and Publications, and to report a appraised illegal audiovisual publication catalogue and samples at the same time, in order to notify the entire nation about the investigation and prosecution timely.