Radio and Television Management Regulations

Posted on Updated on

People’s Republic of China State Council Decree

No. 228

The “Radio and Television Management Rules: were passed by the State Council on 1 August 1997 at the 61st Standing Committee Meeting, are hereby promulgated, and take effect on 1 September 1997.

Premier Li Peng

11 August 1997

Chapter I: General Provisions

Article 1: In order to strengthen radio and television management , develop radio and television undertakings, stimulate the construction of a socialist spiritual civilization and material civilization, these Regulations are formulated.

Article 2: These Regulations apply to activities such as radio station and television station establishment and organizing, producing, broadcasting and transmitting radio and television programmes within the territory of the People’s Republic of China.

Article 3: Radio and television undertakings shall persist in the orientation of serving the people and serving socialism, persist in correct public opinion guidance.

Article 4: The State develops radio and television undertakings. County-level or higher People’s Governments shall bring radio and television undertakings into national economy and social development plans, and on the basis of requirements and financial strength, progressively expand input, raise radio and television coverage.

The State supports rural radio and television undertaking development.

The State aids ethnic autonomous regions and remote poor regions in developing radio and television undertakings.

Article 5: The State Council administrative radio, film and television entity is responsible for radio and television work nationwide.

County-level or higher local People’s Governments are responsible for radio and television management work entities or organs (hereafter designated together as administrative radio, film and television entity) to be responsible for administering radio and television management work in their administrative areas.

Article 6: Nationwide radio and television sector social organizations conduct self-discipline and management according to their constitutions, and develop activities under the guidance of the State Council administrative radio, film and television entity.

Article 7: The State grants rewards to work units and individuals having made outstanding contributions to radio and television undertaking development.

Chapter II: Radio stations and television stations

Article 8: The State Council administrative radio, film and television entity is responsible for formulating radio station and television station establishment plans nationwide, formulating the total amount, distribution and structuring of radio stations and television stations.

Radio stations and television stations as named in these regulations refers to organs editing, producing and broadcasting radio and television programmes through wired or wireless methods.

Article 9: For establishment of radio stations and television stations, the following conditions shall be met:

(1) having radio and television expert personnel conform to State regulations;

(2) having radio and television technology and equipment conform to State regulations;

(3) having the necessary basic establishment capital and secure financial guarantees;

(4) having the necessary premises.

Examination and approval of radio stations and television stations, apart from the conditions listed in the previous paragraph, shall also conform to the State radio and television construction plans and technological development plans.

Article 10: Radio stations and television stations are established by county or city not divided in district-level or higher People’s Government administrative radio, film and television entities, education television stations may be established by cities divided in districts, autonomous prefectures or higher People’s Government. Any other work unit or individual may not establish radio stations and television stations.

The State prohibits establishment of foreign capital-operated, Sino-foreign joint venture operated and Sino-foreign cooperatively operated radio stations and television stations.

Article 11: Central radio stations and television stations are established by the State Council administrative radio, film and television entity. For localities establishing radio stations and television stations, county-level or cities not divided in district People’s Government administrative radio, film and television entities raise an application, only after agreement from that level’s People’s Government, and after examination and approval by the State Council administrative radio, film and television entities, may construction be prepared.

Central educational television stations are established by the State Council administrative education entity, and reported to the State Council administrative radio, film and television entity for examination and approval. Where localities establish educational television stations, the city divided into districts, autonomous prefecture or higher People’s Government administrative education entity raises an application, and only after seeking approval with the same level’s administrative radio, film and television entity and examination of and agreement by that level’s People’s Government, gradual reporting upward, after examination and verification by the State Council administrative education entity, and examination and approval of the State Council administrative radio, film and television entity, may construction be prepared.

Article 12: Radio stations and television stations authorized to prepare for construction, shall conduct project establishment according to State-provided construction procedures and radio and television technological standards.

Constructed radio stations and television stations, where conforming to the State Council administrative radio, film and television entity examination conditions, are issued a radio station and television station permit. Radio stations and television stations shall produce and broadcast programmes according to items clearly indicated on the permit such as station name, station symbol, programme installation scope and programme cycles, etc.

Article 13: Radio stations and television stations changing station name, station symbol, programme installation scope or programme cycles, shall be approved by the State Council administrative radio, film and television entity.

Radio stations and television stations may not rent out or transfer broadcasting times.

Article 14: Radio stations and television stations terminating, shall report according to the original examination and approval procedure, their permits shall be recalled by the State Council administrative radio, film and television entity.

Radio stations and television stations needing to temporarily cease broadcasting because of exceptional circumstances, shall obtain provincial-level or higher People’s Government administrative radio, film and television entity agreement; those without approval, continuously ceasing broadcast exceeding thirty days, shall be considered as having terminated, and shall conduct relevant procedures according to the provisions of the previous Paragraph.

Article 15: Examination and verification of towns and villages establishing radio and television stations shall be the responsibility of the county-level or higher People’s Government of their locality, and it shall be examined and approved according to relevant State Council administrative radio, film and television entity regulations.

Organs, troops, organizations, enterprise and undertaking work units establishing cable television stations, shall be approved according to relevant State Council administrative radio, film and television entity regulations.

Article 16: Any work unit or individual may not assault radio stations and television stations, may not damage radio stations and television stations’ equipment, may not endanger their broadcasting safety

Chapter III: Radio and television transmission coverage networks

Article 17: The State Council administrative radio, film and television entity shall implement uniform planning of nationwide radio and television transmission coverage networks according to uniform State standards, and implement construction and development divided across levels. County-level or higher People’s Government administrative radio, film and television entities shall according to relevant State regulations, establish and manage radio and television transmission coverage networks in their administrative areas.

Establishment of radio and television coverage networks includes fully utilizing all sorts of network resources such as the public communication networks the State presently has, etc., and qualitative and unimpeded radio and television programme transmission shall be guaranteed.

Radio and television transmission coverage networks as named in these Regulations, are constituted out of radio and television broadcast stations, transmission stations (including repeater stations, receiving stations, hereafter the same), radio and television satellites, satellite upstream stations, satellite receiving stations, microwave stations, monitoring platforms (stations) and cable radio and television coverage networks.

Article 18: The State Council administrative radio, film and television entity is responsible for allocating special radio and television frequency bands, and approves and issues special frequency band allocation certification.

Article 19: For establishment of radio and television broadcast stations, relay stations, microwave stations, satellite upstream stations,  according to relevant State regulations, a State Council administrative radio, film and television entity-approved and issued special frequency band allocation certification must be held, examination and approval procedures conducted with the State or provincial, autonomous region or municipal wireless management organ, obtaining wireless station licensing.

Article 20: Radio and television broadcasting stations and relay stations shall broadcast and relay radio and television programmes according to relevant State Council administrative radio, film and television entity regulations.

Radio and television broadcasting stations’ and relay stations’ frequency bands approved for use, may not be rented out or transferred, all technological parameters already approved may not be modified without authorization.

Article 21: Radio and television broadcasting stations and relay stations may not broadcast self-made programmes or insert commercials without authorization.

Article 22: Radio and television coverage networks’ project location selection, design, work, and installation, shall be conducted according to relevant State regulations, and undertaken by work units having obtained corresponding qualification certification according to the law.

Radio and television transmission coverage network project establishment and radio and television technological equipment used, shall conform to State standards and industry standards. After project completion, the administrative radio, film and television entity organizes checks, and only then may it be brought into use.

Article 23: Regional cable radio and television coverage networks, are established and managed by county-level or higher People’s Government administrative radio, film and television entities.

Regional cable radio and television coverage networks planning and construction plans, are implemented after county-level People’s Governments, or cities with districts or autonomous prefectures’ People’s Government administrative radio, film and television entities report them to the provincial, autonomous region or municipal People’s Government administrative radio, film and television entity for approval, or implemented after provincial, autonomous region or municipal People’s Government administrative radio, film and television entities report them to the State Council administrative radio, film and television entity for approval.

The same administrative area may only establish one regional cable radio and television coverage network. Cable television stations shall according to plans integrate networks with regional cable television transmission networks.

Article 24: Without approval, any work unit or individual may not utilize cable radio and television transmission coverage networks for unauthorized programme broadcast.

Article 25: Management and utilization of satellite space resources for radio and television programme transmission shall conform to relevant State regulations.

Radio stations and television stations utilizing satellite methods to transmit radio and television programmes, shall conform to State-provided conditions, and be examined and approved by the State Council administrative radio, film and television entity.

Article 26: For installing and utilizing satellite radio and television terrestrial receiving installations, a permit shall be applied for with provincial, autonomous region and municipal People’s Government administrative radio, film and television entities according to relevant State regulations. For import of foreign satellite radio and television programme decoders, or decompressors and other terrestrial satellite radio and television receiving equipment, the State Council administrative radio, film and television entity shall examine and agree.

Article 27: It is prohibited for any work unit or individual to seize, assault or in another method violate radio and television transmission coverage equipment.

Article 28: Any work unit or individual may not seize or jam radio and television special frequencies and may not cut transmission, jam or interfere with radio and television signals without authorization.

Article 29: County-level or higher People’s Government administrative radio, film and television entities shall adopt many kinds of methods such as satellite transmission, wireless transmission, cable radio, cable television, etc., to raise rural radio and television coverage networks.

Chapter IV: Radio and television programmes

Article 30: Radio stations and television stations shall organize programmes according to the State Council administrative radio, film and television entity-approved programme establishment scope.

Article 31: Radio and television programmes are produced by radio stations and television stations and radio and television programme production business work units approved for establishment by provincial-level or higher People’s Government administrative radio, film and television entities. Radio stations and television stations may not broadcast radio and television programmes produced by work units not having obtained radio and television programme production business permits.

Article 32: Radio stations and television stations shall raise radio and television programme quality, strengthen domestic excellent programme quantities, and are prohibited to produce or broadcast programmes having the following content:

(1) content that violates the basic principles of the Constitution;

(2) content endangers national security or damages the honour or benefits of the State;

(3) content that incites ethnic separatisms or destroys the unity of the ethnicities;

(4) content that divulges State secrets;

(5) content that insults or slanders others,

(6) content that propagates obscenity, gambling or violence;

(7) other content prohibited by laws or regulations.

Article 33: Radio stations and television stations shall according to the provisions of Article 32 of these Regulations, conduct examination before broadcast, and re-examination for re-broadcast over the content of radio and television programmes they broadcast.

Article 34: Radio and television news shall be true and fair.

Article 35: For establishment of a television drama production work unit, the State Council administrative radio, film and television entity approval shall be sought, only after obtaining a television drama production permit, may television dramas be produced.

Television drama production and broadcast management rules will be provided by the State Council administrative radio, film and television entity.

Article 36: Radio stations and television stations shall use standard language and characters.

Radio stations and television stations shall promote the Putonghua commonly used nationwide.

Article 37: Local radio stations and television stations or radio and television stations shall relay radio and television programmes according to relevant State Council administrative radio, film and television entity regulations.

Town and village-established radio and television stations may not organize television programmes by themselves.

Article 38: Radio stations and television stations shall broadcast radio and television programmes according to programme announcement; where it is truly necessary to change or adjust the original announcement, it shall be notified to the public in advance.

Article 39: Foreign films or television dramas used for broadcast by radio stations and television stations, must be examined and approved by the State Council administrative radio, film and television entity. Other foreign radio and television programmes used for broadcast by radio stations and television stations, must be examined and approved by the State Council administrative radio, film and television entity or other authorized organs.

Radio and television programmes provided to foreigners, shall be filed with provincial-level or higher People’s Government administrative radio, film and television entities according to State regulations.

Article 40: Radio stations and television stations broadcast of foreign radio and television programmes time, in proportion to the total radio and television programme broadcasting time, shall be regulated by the State Council administrative radio, film and television entity.

Article 41: Radio stations and television stations importing and transmitting foreign radio and television programmes by means of satellite, etc., shall have approval from the State Council administrative radio, film and television entity.

Article 42: Radio stations and television stations broadcasting advertising, may not exceed the State Council administrative radio, film and television entity-provided time.

Radio stations and television stations shall broadcast public service-type advertising.

Article 43: Under exceptional circumstances, the State Council administrative radio, film and television entity may make the decision to stop broadcast, change specific programmes or appoint specific broadcasting programmes.

Article 44: Educational television stations shall broadcast all kinds of educational programmes according to relevant State regulations, and may not broadcast films or television programmes not related to educational content.

Article 45: Organization of international and national-scale radio and television programme exchange or trade activities, shall have approval from the State Council administrative radio, film and television entity, and be undertaken by appointed work units. Organization of regional radio and television exchange or trading activities, shall have approval of the provincial, autonomous region and municipal People’s Government administrative radio, film and television entity, and be undertaken by appointed work units.

Without approval, any work unit or individual may not undertake radio and television programme exchange or trading activities.

Article 46: Use and broadcast of radio and television programmes enjoying copyright, shall be handled according to the provisions of the “Copyright Law of the People’s Republic of China.

Chapter V: Punitive provisions

Article 47: Those violating the provision of these Regulations, establishing unauthorized radio stations and television stations, educational television stations, cable radio and television transmission coverage networks or radio and television stations, shall by banned by the county-level or higher People’s Government administrative radio, film and television entity, their equipment used in engaging in unlawful activities confiscated, and fined by more then one but less than two times the amount of investment.

Those establishing unauthorized establishment of radio and television broadcast stations, relay stations, microwave stations, satellite upstream stations, will be banned by the county-level or higher People’s Government administrative radio, film and television entity, their equipment used in engaging in unlawful activities confiscated, and fined by more than one but less than two times the amount of investment; or they will be punished by the wireless network management organ according to relevant State wireless management regulations.

Article 48: Those in violation of these regulations, establishing unauthorized radio and television programme production business work units or producing unauthorised television dramas and other radio and television programmes, are banned by the county-level or higher People’s Government  administrative radio, film and television entity, their tools, equipment and programme carriers specially used in engaging in unlawful activities will be confiscated, and fined more than 10.000 Yuan but less than 50.000 Yuan.

Article 49: Those in violation of these regulations, producing, broadcasting or providing to foreigners programmes with content prohibited by the provisions of Article 32 of these Regulations, will be ordered by the county-level or higher People’s Government administrative radio, film and television entity to cease production, broadcast or provision to foreigners, their programme carriers will be taken over, and fined more than 10.000 Yuan but less than 50.000 Yuan; where circumstances are grave, their permits will be revoked by the original approving entity; those violating public order management regulations, will be subject to public order management punishment by the Public Security organs according to the law; where it constitutes a crime, criminal liability will be prosecuted according to the law.

Article 50: Those in violation of these Regulations, having one of the following acts, will be ordered to cease the unlawful act and issued a warning by the county-level or higher People’s Government administrative radio, film and television entity, their unlawful incomes will be confiscated, and fined less than 20.000 Yuan, where circumstances are grave, their permits will be revoked by the original approving entity:

(1) without approval, unauthorized change of station name, station symbol, programme establishment scope of programme set number;

(2) renting or transferring broadcast time;

(3) relayed or broadcasted radio and television programmes violating regulations;

(4) broadcasting foreign radio and television programme or advertisement time in excess of regulations;

(5) broadcasting radio and television programmes produced by work units not having obtained a radio and television programme production business permit or television dramas produced by a work unit not having obtained a television drama business permit;

(6) broadcasting foreign films, television dramas or other radio and television programmes not having obtained approval;

(7) educational television stations broadcasting programmes prohibited from broadcast by the provisions of Article 44 of these Regulations;

(8) without approval, unauthorized organization of radio and television programme exchange or trading activities.

Article 51: Those in violating of regulations, having one of the following acts, will be ordered to cease the unlawful activity and issued a warning by the county-level or higher People’s government administrative radio, film and television entity, their unlawful income and special tools and equipment specially used for engaging in the unlawful activity will be confiscated, and may be fined less than 20.000 Yuan; where circumstances are grave, their permits will be revoked by the original approving organ:

(1) renting or transferring frequency bands, unauthorized change of radio and television broadcast station or relay station technological parameters;

(2) radio and television broadcasting stations or relay stations broadcasting unauthorized self-organized programmes, inserting advertising;

(3) without approval, unauthorized use of satellite methods to transmit radio and television programmes;

(4) without approval, unauthorized import and transmission of foreign radio and television programmes through means such as satellites, etc.

(5) without approval, unauthorized use of cable radio and television coverage networks to broadcast programmes;

(6) without approval, unauthorized conduction of radio and television coverage network project location selection, design, work or installation;

(7) seizing or jamming special radio and television frequencies, unauthorized cutting, jamming or interfering with radio and television signals.

Article 52: Those in violation of these Regulations, endangering radio station and television station broadcast safety, and destroying radio and television equipment, will be ordered to cease the unlawful activity by the county-level or higher People’s government, and fined more than 20.000 Yuan but less than 50.000 Yuan; where it creates damage, the infringing person shall compensate the damage according to the law; where it constitutes a crime, criminal responsibility will be investigated according to the law.

Article 53: Administrative radio, film and television entities and their work personnel abusing their powers, derelicting their duties, and engaging in favouritism, in radio and television management work, where it constitutes a crime, criminal liability will be investigated according to the law; where it does not yet constitute a crime, administrative punishment will be imposed according to the law.

Chapter VI: Supplementary provisions.

Article 54: Radio stations, television stations, educational television stations, radio and television broadcasting stations, relay stations, radio and television programme production business work units already established before the implementation of these Regulations, shall within six months of implementation of these Regulations, again conduct examination and verification formalities according to the provisions of these Regulations; those not conforming to the provisions of these Regulations, will be cancelled; already existing county-level education television stations may merge with county-level television stations, and operate educational programme channels.

Article 55: These Regulations take effect on 1 September 1997.

《广播电视管理条例》已经1997年8月1日国务院第61次常务会议通过,现予发布,自1997年9月1日起施行。
总理   李鹏
一九九七年八月十一日

第一章 总则
第一条 为了加强广播电视管理,发展广播电视事业,促进社会主义精神文明和物质文明建设,制定本条例。
第二条本条例适用于在中华人民共和国境内设立广播电台、电视台和采编、制作、播放、传输广播电视节目等活动。
第三条 广播电视事业应当坚持为人民服务、为社会主义服务的方向,坚持正确的舆论导向。
第四条 国家发展广播电视事业。县级以上人民政府应当将广播电视事业纳入国民经济和社会发展规划,并根据需要和财力逐步增加投入,提高广播电视覆盖率。
国家支持农村广播电视事业的发展。
国家扶持民族自治地方和边远贫困地区发展广播电视事业。
第五条 国务院广播电视行政部门负责全国的广播电视管理工作。
县级以上地方人民政府负责广播电视行政管理工作的部门或者机构(以下统称广播电视行政部门)负责本行政区域内的广播电视管理工作。
第六条 全国性广播电视行业的社会团体按照其章程,实行自律管理,并在国务院广播电视行政部门的指导下开展活动。
第七条 国家对为广播电视事业发展做出显著贡献的单位和个人,给予奖励 。

第二章 广播电台和电视台
第八条 国务院广播电视行政部门负责制定全国广播电台、电视台的设立规划,确定广播电台、电视台的总量、布局和结构。
本条例所称广播电台、电视台是指采编、制作并通过有线或者无线的方式播放广播电视节目的机构。
第九条 设立广播电台、电视台,应当具备下列条件:
(一)有符合国家规定的广播电视专业人员;
(二)有符合国家规定的广播电视技术设备;
(三)有必要的基本建设资金和稳定的资金保障;
(四)有必要的场所。
审批设立广播电台、电视台,除依照前款所列条件外,还应当符合国家的广播电视建设规划和技术发展规划。
第十条 广播电台、电视台由县、不设区的市以上人民政府广播电视行政部门设立,其中教育电视台可以由设区的市、自治州以上人民政府教育行政部门设立。其他任何单位和个人不得设立广播电台、电视台。
国家禁止设立外资经营、中外合资经营和中外合作经营的广播电台、电视台。
第十一条 中央的广播电台、电视台由国务院广播电视行政部门设立。地方设立广播电台、电视台的,由县、不设区的市以上地方人民政府广播电视行政部门提出申请,本级人民政府审查同意后,逐级上报,经国务院广播电视行政部门审查批准后,方可筹建。
中央的教育电视台由国务院教育行政部门设立,报国务院广播电视行政部门审查批准。地方设立教育电视台的,由设区的市、自治州以上地方人民政府教育行政部门提出申请,征得同级广播电视行政部门同意并经本级人民政府审查同意后,逐级上报,经国务院教育行政部门审核,由国务院广播电视行政部门审查批准后,方可筹建。
第十二条 经批准筹建的广播电台、电视台,应当按照国家规定的建设程序和广播电视技术标准进行工程建设。
建成的广播电台、电视台,经国务院广播电视行政部门审查符合条件的,发给广播电台、电视台许可证。广播电台、电视台应当按照许可证载明的台名、台标、节目设置范围和节目套数等事项制作、播放节目。
第十三条 广播电台、电视台变更台名、台标、节目设置范围或者节目套数的,应当经国务院广播电视行政部门批准。
广播电台、电视台不得出租、转让播出时段。
第十四条 广播电台、电视台终止,应当按照原审批程序申报,其许可证由国务院广播电视行政部门收回。
广播电台、电视台因特殊情况需要暂时停止播出的,应当经省级以上人民政府广播电视行政部门同意;未经批准,连续停止播出超过30日的,视为终止,应当依照前款规定办理有关手续。
第十五条 乡、镇设立广播电视站的,由所在地县级以上人民政府广播电视行政部门负责审核,并按照国务院广播电视行政部门的有关规定审批。
机关、部队、团体、企业事业单位设立有线广播电视站的,按照国务院有关规定审批。
第十六条 任何单位和个人不得冲击广播电台、电视台,不得损坏广播电台、电视台的设施,不得危害其安全播出。

第三章 广播电视传输覆盖网
第十七条 国务院广播电视行政部门应当对全国广播电视传输覆盖网按照国家的统一标准实行统一规划,并实行分级建设和开发。县级以上地方人民政府广播电视行政部门应当按照国家有关规定,组建和管理本行政区域内的广播电视传输覆盖网。
组建广播电视传输覆盖网,包括充分利用国家现有的公用通信等各种网络资源,应当确保广播电视节目传输质量和畅通。
本条例所称广播电视传输覆盖网,由广播电视发射台、转播台(包括差转台、收转台,下同) 、广播电视卫星、卫星上行站、卫星收转站、微波站、监测台(站)及有线广播电视传输覆盖网等构成。
第十八条 国务院广播电视行政部门负责指配广播电视专用频段的频率,并核发频率专用指配证明。
第十九条设立广播电视发射台、转播台、微波站、卫星上行站,应当按照国家有关规定,持国务院广播电视行政部门核发的频率专用指配证明,向国家的或者省、自治区、直辖市的无线电管理机构办理审批手续,领取无线电台执照。
第二十条 广播电视发射台、转播台应当按照国务院广播电视行政部门的有关规定发射、转播广播电视节目。
广播电视发射台、转播台经核准使用的频率、频段不得出租、转让,已经批准的各项技术参数不得擅自变更。
第二十一条 广播电视发射台、转播台不得擅自播放自办节目和插播广告。
第二十二条 广播电视传输覆盖网的工程选址、设计、施工、安装,应当按照国家有关规定办理,并由依法取得相应资格证书的单位承担。
广播电视传输覆盖网的工程建设和使用的广播电视技术设备,应当符合国家标准、行业标准。工程竣工后,由广播电视行政部门组织验收,验收合格的,方可投入使用。
第二十三条 区域性有线广播电视传输覆盖网,由县级以上地方人民政府广播电视行政部门设立和管理。
区域性有线广播电视传输覆盖网的规划、建设方案,由县级人民政府或者设区的市、自治州人民政府的广播电视行政部门报省、自治区、直辖市人民政府广播电视行政部门批准后实施,或者由省、自治区、直辖市人民政府广播电视行政部门报国务院广播电视行政部门批准后 实施。
同一行政区域只能设立一个区域性有线广播电视传输覆盖网。有线电视站应当按照规划与区域性有线电视传输覆盖网联网。
第二十四条 未经批准,任何单位和个人不得擅自利用有线广播电视传输覆盖网播放节目。
第二十五条 传输广播电视节目的卫星空间段资源的管理和使用,应当符合国家有关规定。
广播电台、电视台利用卫星方式传输广播电视节目,应当符合国家规定的条件,并经国务院广播电视行政部门审核批准。
第二十六条 安装和使用卫星广播电视地面接收设施,应当按照国家有关规定向省、自治区、直辖市人民政府广播电视行政部门申领许可证。进口境外卫星广播电视节目解码器、解压器及其他卫星广播电视地面接收设施,应当经国务院广播电视行政部门审查 同意。
第二十七条 禁止任何单位和个人侵占、哄抢或者以其他方式破坏广播电视传输覆盖网的设施。
第二十八条 任何单位和个人不得侵占、干扰广播电视专用频率,不得擅自截传、干扰、解扰广播电视信号。
第二十九条 县级以上人民政府广播电视行政部门应当采取卫星传送、无线转播、有线广播、有线电视等多种方式,提高农村广播电视覆盖率。

第四章 广播电视节目
第三十条 广播电台、电视台应当按照国务院广播电视行政部门批准的节目设置范围开办节目。
第三十一条 广播电视节目由广播电台、电视台和省级以上人民政府广播电视行政部门批准设立的广播电视节目制作经营单位制作。广播电台、电视台不得播放未取得广播电视节目制作经营许可的单位制作的广播电视节目。
第三十二条 广播电台、电视台应当提高广播电视节目质量,增加国产优秀节目数量,禁止制作、播放载有下列内容的节目:
(一)危害国家的统一、主权和领土完整的;
(二)危害国家的安全、荣誉和利益的;
(三)煽动民族分裂,破坏民族团结的;
(四)泄露国家秘密的;
(五)诽谤、侮辱他人的;
(六)宣扬淫秽、迷信或者渲染暴力的;
(七)法律、行政法规规定禁止的其他内容。
第三十三条 广播电台、电视台对其播放的广播电视节目内容,应当依照本条例第三十二条的规定进行播前审查,重播重审。
第三十四条 广播电视新闻应当真实、公正。
第三十五条 设立电视剧制作单位,应当经国务院广播电视行政部门批准,取得电视剧制作许可证后,方可制作电视剧。
电视剧的制作和播出管理办法,由国务院广播电视行政部门规定。
第三十六条 广播电台、电视台应当使用规范的语言文字。
广播电台、电视台应当推广全国通用的普通话。
第三十七条 地方广播电台、电视台或者广播电视站,应当按照国务院广播电视行政部门的有关规定转播广播电视节目。
乡、镇设立的广播电视站不得自办电视节目。
第三十八条 广播电台、电视台应当按照节目预告播放广播电视节目;确需更换、调整原预告节目的,应当提前向公众告示。
第三十九条 用于广播电台、电视台播放的境外电影、电视剧,必须经国务院广播电视行政部门审查批准。用于广播电台、电视台播放的境外其他广播电视节目,必须经国务院广播电视行政部门或者其授权的机构审查批准。
向境外提供的广播电视节目,应当按照国家有关规定向省级以上人民政府广播电视行政部门备案。
第四十条 广播电台、电视台播放境外广播电视节目的时间与广播电视节目总播放时间的比例,由国务院广播电视行政部门规定。
第四十一条 广播电台、电视台以卫星等传输方式进口、转播境外广播电视节目,必须经国务院广播电视行政部门批准。
第四十二条广播电台、电视台播放广告,不得超过国务院广播电视行政部门规定的时间。
广播电台、电视台应当播放公益性广告。
第四十三条 国务院广播电视行政部门在特殊情况下,可以作出停止播出、更换特定节目或者指定转播特定节目的决定。
第四十四条教育电视台应当按照国家有关规定播放各类教育教学节目,不得播放与教学内容无关的电影、电视片。
第四十五条 举办国际性、全国性的广播电视节目交流、交易活动,应当经国务院广播电视行政部门批准,并由指定的单位承办。举办区域性广播电视节目交流、交易活动,应当经举办地的省、自治区、直辖市人民政府广播电视行政部门批准,并由指定的单 位承办。
未经批准,任何单位和个人不得举办广播电视节目的交流、交易活动。
第四十六条 对享有著作权的广播电视节目的播放和使用,依照《中华人民共和国著作权法》的规定办理。

第五章 罚则
第四十七条 违反本条例规定,擅自设立广播电台、电视台、教育电视台、有线广播电视传输覆盖网、广播电视站的,由县级以上人民政府广播电视行政部门予以取缔,没收其从事违法活动的设备,并处投资总额1倍以上2倍以下的罚款。
擅自设立广播电视发射台、转播台、微波站、卫星上行站的,由县级以上人民政府广播电视行政部门予以取缔,没收其从事违法活动的设备,并处投资总额1倍以上2倍以下的罚款;或者由无线电管理机构依照国家无线电管理的有关规定予以处罚。
第四十八条 违反本条例规定,擅自设立广播电视节目制作经营单位或者擅自制作电视剧及其他广播电视节目的,由县级以上人民政府广播电视行政部门予以取缔,没收其从事违法活动的专用工具、设备和节目载体,并处1万元以上5万元以下的罚款。
第四十九条 违反本条例规定,制作、播放、向境外提供含有本条例第三十二条规定禁止内容的节目的,由县级以上人民政府广播电视行政部门责令停止制作、播放、向境外提供,收缴其节目载体,并处1万元以上5万元以下的罚款;情节严重的,由原批准机 关吊销许可证;违反治安管理规定的,由公安机关依法给予治安管理处罚;构成犯罪的,依法追究刑事责任。
第五十条 违反本条例规定,有下列行为之一的,由县级以上人民政府广播电视行政部门责令停止违法活动,给予警告,没收违法所得,可以并处2万元以下的罚款;情节严重的,由原批准机关吊销许可证:
(一)未经批准,擅自变更台名、台标、节目设置范围或者节目套数的;
(二)出租、转让播出时段的;
(三)转播、播放广播电视节目违反规定的;
(四)播放境外广播电视节目或者广告的时间超出规定的;
(五)播放未取得广播电视节目制作经营许可的单位制作的广播电视节目或者未取得电视剧制作许可的单位制作的电视剧的;
(六)播放未经批准的境外电影、电视剧和其他广播电视节目的;
(七)教育电视台播放本条例第四十四条规定禁止播放的节目的;
(八)未经批准,擅自举办广播电视节目交流、交易活动的。
第五十一条 违反本条例规定,有下列行为之一的,由县级以上人民政府广播电视行政部门责令停止违法活动,给予警告,没收违法所得和从事违法活动的专用工具、设备,可以并处2万元以下的罚款;情节严重的,由原批准机关吊销许可证:
(一)出租、转让频率、频段,擅自变更广播电视发射台、转播台技术参数的;
(二)广播电视发射台、转播台擅自播放自办节目、插播广告的;
(三)未经批准,擅自利用卫星方式传输广播电视节目的;
(四)未经批准,擅自以卫星等传输方式进口、转播境外广播电视节目的;
(五)未经批准,擅自利用有线广播电视传输覆盖网播放节目的;
(六)未经批准,擅自进行广播电视传输覆盖网的工程选址、设计、施工、安装的;
(七)侵占、干扰广播电视专用频率,擅自截传、干扰、解扰广播电视信号的。
第五十二条 违反本条例规定,危害广播电台、电视台安全播出的,破坏广播电视设施的,由县级以上人民政府广播电视行政部门责令停止违法活动;情节严重的,处2万元以上5万元以下的罚款;造成损害的,侵害人应当依法赔偿损失;构成犯罪的,依法追 究刑事责任。
第五十三条 广播电视行政部门及其工作人员在广播电视管理工作中滥用职 权、玩忽职守、徇私舞弊,构成犯罪的,依法追究刑事责任;尚不构成犯罪的,依法给予行政处分。

第六章 附则
第五十四 条本条例施行前已经设立的广播电台、电视台、教育电视台、广播电视发射台、转播台、广播电视节目制作经营单位,自本条例施行之日起6个月内,应当依照本条例的规定重新办理审核手续;不符合本条例规定的,予以撤销;已有的县级教育电视台可以与县级电视台合并,开办教育节目频道。
第五十五条 本条例自1997年9月1日起施行。

2 thoughts on “Radio and Television Management Regulations

    […] networks such as the Internet, etc., must conform to the relevant provisions of the “Radio and Television Management Regulations“, “Internet Audiovisual Programme Service Management Regulations“, […]

    […] satisfy the popular masses’ spiritual cultural life needs, on the basis of the “Radio and Television Management Regulations“, these Regulations are […]

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