CMD No. 1999(3)
In recent times, activities a number of local film distribution and screening work units screening smuggled films have become utterly rampant, this not only has attacked our domestic film market, but it has also hindered national film development, and has gravely influenced the construction of a Socialist spiritual civilization. In order to safeguard the regular order of the film market and implement the State Council “Film Management Regulations”, the Ministry of Culture and the State Administration of Radio, Film and Television have decided to launch activities attacking film smuggling in a national scope. The relevant matters are hereby notified as follows:
I, Film distribution and screening work is an important component part of the cultural market, all levels’ administrative cultural market management entities must realistically strengthen film market management work, expand strength to attack distribution and screening of smuggled films, to safeguard the regular order of the film market, to strengthen film market supervision work, further strengthening film market inspection and management work.
II, The film examination organ established by the State Administration of Radio, Film and Television is the only examination organ to approve film import. China Film Corporation is the only business work unit to import foreign films approved by the State Administration of Radio, Film and Television, any other work unit or individual engaging in film import business activities are considered as smuggling activities. County-level or higher administrative culture entities shall according to the relevant provisions of the “Film Management Regulations”, apart from ordering cessation of illegal activities, and confiscating illegal films and unlawful incomes, impose fines of more then five times but less than ten times the illegal income.
III, County-level or higher administrative culture entities, according to the relevant provisions of the “Film Management Regulations”, shall order film distribution and screening work units that distribute or screen smuggled films to order them to cease unlawful activities, confiscate their unlawful income, and impose a fine of more than ten times but less than fifteen times the illegal income; where circumstances are grave, the original permit-issuing organ order cessation of business for rectification or cancellation of permits.
The relevant responsible person of work units gravely violating regulations and distributing or screening illegal films will be subject to party discipline and administrative discipline sanctions, and the responsibility of the higher-level controlling authority will be investigated.
IV, All levels’ administrative culture entities shall vigorously and closely cooperate with entities such as public security, industry and commerce, customs, etc, adopt strict measures, determinedly attack film smuggling activities. It is especially necessary to impose strict punishments against relevant work units and individual smuggling, producing, peddling and disseminating films having political problems or that are obscene, according to the National People’s Congress Standing Committee “Decision Concerning Punishing Criminals Smuggling, Producing, Peddling and Disseminating Obscene Products”, and to never indulge them. Where it constitutes a crime, criminal liability shall be prosecuted according to the law.
V, All levels’ administrative culture entities shall appoint special personnel to be responsible for attacking film smuggling work, implement their responsibility towards the people, and implement the responsibility system of every level. Against regions where the distribution and screening of smuggled film situation is grave, formulating and launching clean-up activities, standardizing market order, attacking concrete schemes of film smuggling. All provincial administrative culture controlling authorities must report the results of the clean up in the near future to the Ministry of Culture Cultural Market Department and the State Administration of Radio, Film and Television.
VI, All levels’ administrative culture entities shall again announce their established reporting telephones to society, mobilize the masses to conduct reporting of smuggling, distribution and screening of illegal films. The necessary guarantee steps must be taken for reporters, and they must be granted appropriate rewards. In order to stimulate the deep launch of attacking smuggled films work, after consultation between the State Administration of Radio, Film and Television Film Bureau and the Ministry of Culture Cultural Market Department, the Film Bureau shall issue Special funds to reward relevant work units and individuals investigating and prosecuting smuggled films. Investigated and prosecuted typical cases are exposed through news media, implementing public opinion supervision.
In order to substantially implement commendation and reward work, all provincial-level administrative culture entities, after investigating and prosecuting smuggling, distribution and screening of illegal film cases, shall report the final case documents of investigation and prosecution work (including unlawful facts, punishment opinion, punishment and fine proof supplied by relevant law enforcement entities, etc.) in written form to the Ministry of Culture Cultural Market Department and the State Administration of Radio, Film and Television Film Bureau, after examination and verification by both entities, the reward is issued.
VII: All levels’ film distribution and screening work units must strengthen sector self-discipline, start working by themselves, and determinedly resist distribution and screening activities of smuggled films. Strictly conducing self-examination, if there are earlier unlawful activities, it is necessary to write a written inspection; after the “Notice” is issued, if unlawful activities are discovered, it will be severely dealt with according to the law.