State Administration of Radio, Film and Television Decree
The “Provisional Cable Television On-demand Video Broadcast Management Rules” were passed at the executive meeting, are hereby promulgated, and take effect on the day of promulgation.
Director: Xu Guangchun
14 April 2001
Provisional Cable Television On-demand video Management Rules
Article 1: In order to stimulate the construction of a socialist spiritual civilization and strengthen on-demand video work management, these Rules are formulated
Article 2: Cable television on-demand video as named in these Rules refers to work activities using a cable television network, broadcasting its appointed audiovisual programme to specific consumers. It contains service methods such as pay-per-view selection, round broadcast, according to the actual selection time, etc.,
To activities of engaging in broadcast using cable television networks, employing multimedia technology, integrate sound, images, figures, writing, data, etc., to one whole, the “Provisional Information Network Dissemination and Broadcast of Film and Television-like Programmes Supervision Management Rules” shall apply.
Article 3: The State Administration of Radio, Film and Television is responsible for the cable television on-demand video work management work in the entire country, all levels’ local radio and television management entity is responsible for cable television on-demand video work management work in their jurisdiction.
Article 4: Cable television on-demand video work will be operated by radio and television broadcasting organs established with State Administration of Radio, Film and Television-approval, any other domestic and foreign organ or individual may not operate or operate in cooperation with a radio or television broadcast organ or do business in cable television on-demand video work.
The State Administration of Radio, Film and Television implements overall planning for cable television on-demand video work development. For operating cable television on-demand video, application for approval must be made with The State Administration of Radio, Film and Television.
Article 5: Applications for operating cable television on-demand video work, shall simultaneously fulfil the following conditions:
(1) conforming to State Administration of Radio, Film and Television planning of the national television selection work.
(2) possessing comprehensive power and network technological demands for operating cable television on-demand video work such as finance, technology, personnel, etc., and being able to accomplish propaganda duties and broadcast duties according to relevant State regulations;
(3) equipment used in operating television selection work must have obtained a State Administration of Radio, Film and Television-issued “Cable Television Network-Entry Equipment and Facility Accreditation Certificate”;
(4) television selection technology systems shall conform to State Administration of Radio, Film and Television management regulations concerning conditional receiving systems;
(5) having a complete programme broadcast management system;
(6) having feasible programme inspection and control schemes;
(7) conforming to the provisions of other State laws, regulations and documents.
Article 6: For operating cable television on-demand video work, application and examination and approval shall be conducted according to the following procedure:
(1) the applying organ raises an application with the local radio and television management entity, which is gradually reported up to the State Administration of Radio, Film and Television;
(2) where reported material is deemed to meet qualifications at preliminary screening, the State Administration of Radio, Film and Television organizes relevant entities and experts, to conduct a feasibility study of the operating plan;
(3) where the study conforms to the television selection work operating conditions, the State Administration of Radio, Film and Television shall grant approval, and trial broadcast shall be conducted;
(4) After one year of trial broadcast, the State Administration of Radio, Film and Television organizes inspection, only those inspected as meeting qualifications, may officially broadcast.
Article 7: For applications for operating cable television on-demand video work, the following written documents must be submitted:
(1) an application by the broadcast organ for operating television selection;
(2) the examination opinions of all levels’ radio and television entities.
(3) a television selection operating plan, containing: television selection programme planning, channel resources’ occupation methods and quantity, business planning, technological and equipment planning, broadcast inspection and control planning, etc.
Article 8: For copyright protection of television selection programmes, the provisions of the “Copyright Law” shall be conformed to.
Article 9: It is prohibited to broadcast television selection programmes containing the following content:
(1) content endangering State unity, sovereignty and territorial integrity;
(2) content endangering State security, honour and interests;
(3) content inciting ethnic separatism, destroying ethnic unity;
(4) content divulging State secrets;
(5) content slandering and insulting others;
(6) content propagating obscenity, superstition or promoting violence;
(7) other content prohibited by the provisions of laws and regulations.
Article 10: Of programmes used for television selection, domestically produced programmes shall be given first place.
Article 11: For foreign programmes especially used for television selection, State Administration of Radio, Film and Television-appointed cable television programme import work units are responsible for import, and they must be reported to State Administration of Radio, Film and Television for examination. To those passing examination, an “Import Television Selection Programme Broadcast Permit” shall be issued.
Foreign television dramas especially used for television selection shall clearly display the Permit number on the first film.
Article 12: Programmes used for television selection are limited to the following categories:
(1) television dramas having obtained a “Television Drama Distribution Permit” or a “Public Film Projection Permit” and programmes with an “Import Television Selection Programme Broadcast Permit”.
(2) programmes produced and broadcasted by radio and television broadcast entities established according to the law;
(3) art and special interest programmes produced by film production business organs established according to the law and being examined and approved by provincial-level and higher radio and television entities.
Article 13: After lawful authorization of television dramas used for cable television selection, they may first be used for television selection.
Article 14: Radio and television organs operating cable television on-demand video work shall establish a feasible programme inspection and control scheme, and must transmit the broadcast programme list to be broadcasted in the following time through the network to State Administration of Radio, Film and Television, and establish and perfect a programme inspection system, where programmes are re-broadcasted, they shall conduct re-examination procedures according to the provisions of Article 9.
Article 15: Without permission and unauthorized operation of television selection in violation of Article 4 and Article 6 of these Rules, will be banned by the county-level or higher administrative radio and televisions entity, the equipment used in engaging in unlawful activities shall be confiscated, and a fine of 30,000 Yuan or lower shall be additionally imposed.
import and broadcast of television selection programmes not according to regulations, in violation of Article 11 and Article 12 of these Rules, as well as programmes not having been examined or re-examined according to regulations in violation of Article 14 of these Rules, the county-level or higher radio and television management entity shall order punishments of cessation of unlawful activities, according to the circumstances impose suspension of television selection work of one to six months, up to cancelling operating qualifications, and may additionally impose a fine of 30,000 Yuan or lower.
Where the abovementioned activities violate public order management rules, they will be punished according to the “Public Order Management Punishment Regulations”, where they constitute a crime, criminal liability shall be investigated according to the law.
Article 16: These Regulations take effect on the day of promulgation. The original document no. RDP (2000)901 shall be simultaneously abolished.
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局 长 徐光春