The “Provisional Hotels and Restaurants On-demand Video Management Rules” were passed at the executive meeting, are hereby promulgated, and take effect on the day of promulgation.
Director: Xu Guangchun
28 May 2001
State Administration of Radio, Film and Television Decree
Article 1: In order to stimulate the construction of a socialist spiritual civilization, strengthen on-demand video work management, these Rules are formulated.
Article 2: Hotels and restaurants as named in these Rules, refers to work activities of broadcasting appointed television programmes to specified customers in a hotel or restaurant through a closed-circuit television system or other cable transmission manners.
Article 3: The State Administration of Radio, Film and Television is responsible for hotel and restaurant on-demand video work management work in the entire country, all levels’ local radio and television management entities are responsible for hotel and restaurant on-demand video work management work in their jurisdictions.
Article 4: Hotels and restaurants operating on-demand video work, must be approved by provincial-level radio and television management entities.
Article 5: Hotels and restaurants meeting the following conditions, may apply for operation on-demand video work:
(1) conforming to general State Administration of Radio, Film and Television planning on the national on-demand video work;
(2) already having completed transmission of the first set of programmes by CCTV, the local provincial (autonomous region, municipal) television stations, local television stations;
(3) equipment used in operating on-demand video work must have obtained a State Administration of Radio, Film and Television-issued “Cable Television Network-Entry Equipment and Facility Accreditation Certificate”;
(4) having a complete programme broadcast management system;
(5) having a feasible programme inspection and control scheme;
(6) conforming to the provisions of other State laws, regulations and documents
Article 6: Hotels and restaurants operating on-demand video work, must first file an application with the local radio and television management entity, and only after approval from the provincial-level radio and television management entity, may install on-demand video equipment. After the completion of equipment installation, and after being examined as meeting qualifications, the provincial-level radio and television management entity may approve operation of on-demand video work, and issue a “Hotel and Restaurant On-demand Video Business Permit”, and shall report to the State Administration of Radio, Film and Television for filing within three months.
Article 7: Work units engaging in hotel and restaurant on-demand video equipment instillation and construction, must be approved by the provincial-level or higher radio and television management entity.
Article 8: For copyright protection of on-demand video programmes, the provisions of the “Copyright Law” shall be conformed to.
Article 9: It is prohibited to broadcast on-demand video 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 on-demand video, domestically produced programmes shall be given first place.
Article 11: For foreign programmes especially used for on-demand video, 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 “Imported On-demand Video Programme Broadcast Permit” shall be issued.
Foreign television dramas especially used for on-demand video shall clearly display the Permit number on the first film
Article 12: Programmes used for on-demand video 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 “Imported On-demand Video 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: Hotel and restaurant on-demand video programmes, must be provided in a unified way by radio and television management entity-appointed work units. When film furnishing work units redistribute a programme, they shall again apply according to the provisions of Article 9 of these Rules.
Article 14: Hotels and restaurants operating on-demand video work, 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 the local radio and television management entity. Local radio and television management entities shall establish special organs, to conduct supervision of the on-demand video programme broadcast situation.
Article 15: To work units holding the “Hotel and Restaurant On-demand Video Business Permit” and work units providing on-demand video programmes to hotels and restaurants, a yearly examination system shall be implemented.
Article 16: Hotels and restaurants operating on-demand video work without approval or authorization, in violation of Article 4 and Article 6 of these Rules, shall be banned by the county-level or higher radio and television management entity, its unlawful income and equipment shall be confiscated, and a fine of 30.000 Yuan or lower may additionally be imposed.
Article 17: Hotels and restaurants broadcasting on-demand video programmes not according to regulations, in violation of Article 9, Article 12 and Article 13 of these Rules, will be ordered to cease the unlawful activity by the county-level or higher radio and television management entity, who also, according to the circumstances impose suspension of on-demand video work of one to six months, up to cancelling operating qualifications, and may additionally impose a fine of 30,000 Yuan or lower.
Article 19: 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 20: Hotels and restaurants already operating on-demand video work before the implementation of these Rules, shall within six months of implementation of these Rules, again conduct examination and verification procedures according to the provisions of these Rules
Article 21: These Rules take effect on the day of promulgation.
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