Management Rules for the Dissemination of Audiovisual Products on the Internet and Other Information Networks
Article 1: In order to standardize information network dissemination of audiovisual products order, strengthen supervision and management over information network dissemination of audiovisual products and stimulate socialist spiritual civilization construction, these Rules are formulated.
Article 2: These Rules apply to all sorts of activities of organizing all sorts of audiovisual programmes and columns, broadcasting (including on-demand broadcasting) film and television works, and audiovisual frequency news, relay and direct broadcast of radio and television programmes as well as audiovisual programme-shape relay or direct broadcasting of sports matches, cultural performances, etc. on information networks such as the Internet
Radio and television broadcast organs covering on-line organizing radio and television channel broadcasting radio and television programmes as in radio and television transmission, are standardized by the “Radio and Television Management Regulations, these Rules do not apply.
Article 3: Information networks as named in these Regulations, refers to information system used for information transmission, structured on the basis of the Internet or other software platforms, adopting concrete material forms such as satellite, microwave, optical fibre, coaxial cable, double-twist cable, etc., connected through wireless or wired links.
Audiovisual programmes as named in these Rules, refers to programmes composed of continuously moving images or continuously moving sound, similar to radio and television programmes or films in appearance.
Information network dissemination of audiovisual programmes as named in these Rules, refers to activities of providing the public with audiovisual programmes uploaded on the network or delivered through the network to the user terminal, for on-line watching or downloading for watching, including streaming media broadcast, Internet multicast, database broadcast, IP broadcast and on-demand broadcast, etc.
Audiovisual product network disseminators as named in these Regulations, refers to organs organizing and arranging audiovisual products and disseminating them to the public through information networks.
Information network operators as named in these Regulations, refers to organs providing information network hardware and software platform and other technology support.
Article 4: The State Administration of Radio, Film and Television is the controlling authority for information network dissemination of audiovisual products, is responsible for formulating information network dissemination of audiovisual products development plans, and determining the total amount, distribution and structure of audiovisual product network disseminators.
In principle, all central and State Council Ministries, Commissions and bureaus may only have one subordinate work unit engaging in information network dissemination of audiovisual products work. China Radio, Film and Television Group subordinate, controlled and participated enterprise and undertaking with units (except for the Central People’s Radio, China Central Television, China International Radio), may only have one work unit engaging in information network dissemination of audiovisual products work.
All levels’ administrative radio, film and television organs determine information network dissemination of audiovisual products development plans for their jurisdictions on the basis of the State Administration of Radio, Film and Television-formulated nationwide information network dissemination of audiovisual products development plans, and are responsible for conducting supervision and management over activities of disseminating audiovisual products through information networks in their jurisdictions.
Article 5: The State Administration of Radio, Film and Television implements permit management over information network dissemination of audiovisual products work. For disseminating audiovisual products to the public through information networks, an “Online Dissemination of Audiovisual Programmes Permit” must be held.
Article 6: The State Administration of Radio, Film and Television conducts classified management over information network dissemination of audiovisual products according to the following four categories: 1. news; 2. television dramas, 3. entertainment-category, including music, opera, sports, comprehensive arts and entertainment; 4. special category, including science and technology, education, medicine, finance and economics, weather, military affairs, legal system, etc.
Article 7: For operating information network dissemination of audiovisual products work, the following conditions shall be simultaneously fulfilled:
(1) conforming to plans, technological standards and management requirements for disseminating audiovisual products to the public through information networks;
(2) having own funding, equipment and premises suited to the business scale;
(3) having audiovisual programme resources suited to the business scale conform to State regulations;
(4) having the necessary export personnel;
(5) conforming to State laws, regulations and other relevant provisions.
For the different categories of audiovisual products disseminated to the public through information networks, the corresponding application conditions shall also be possessed.
Article 8: For organizing news-category information network dissemination of audiovisual products work, apart from having the basic conditions provided in Article 7 of these Rules, the following conditions must also be had simultaneously:
(1) being approved by the State Council Information Office, having the qualifications for on-line news distribution;
(2) work organs already having obtained an “Online Dissemination of Audiovisual Programmes Permit” for engaging in entertainment-category or special category programme network dissemination work for three years or more, or a news organ established according to the law for three years or more.
Article 9: For organizing television drama-category information network dissemination of audiovisual products work, apart from having the basic conditions provided in Article 7 of these Rules, one the following conditions must also be had simultaneously:
(1) having obtained a “Online Dissemination of Audiovisual Programmes Permit”, having engaging for two years or more in entertainment-category programme network dissemination;
(2) being a film and television production or operating work unit operating according to the law for three years or more.
Article 10: Enterprises organizing information network dissemination of audiovisual products work, must make district-level or higher propaganda work units such as radio, film and television, press, publications, culture, etc., as professional controlling authorities.
Article 11: For organizing information network dissemination of audiovisual products, after examination, verification and approval by the provincial-level administrative radio, film and television organ, the State Administration of Radio, Film and Television must be reported to for examination and approval. Direct central subordinate work units and enterprises registered with the State Administration of Industry and Commerce, may directly raise applications with the State Administration of Radio, Film and Television.
Those examined as meeting conditions, are issued with an “Online Dissemination of Audiovisual Programmes Permit” by the State Administration of Radio, Film and Television. After obtaining the permits, dissemination work can only be organized according to the symbol, dissemination method, dissemination carrier, dissemination scope and programme category clearly indicated on the “Online Dissemination of Audiovisual Programmes Permit” Those having to change the above matters, shall according to the abovementioned procedure conduct relevant modification, examination and approval procedures.
Article 12: After obtaining the “Online Dissemination of Audiovisual Programmes Permit”, when change occurs in items such as the organizing work unit’s name, address, web site address, website name, legal representative, etc., an application for permit exchange must be made with the original permit-issuing work unit within thirty days of the change.
Article 13: For applications to establish special organs to organize information network dissemination of audiovisual products, the sponsoring work unit shall conduct examination and approval formalities according to these Rules. Those operating this kind of work in the form of an enterprises, after obtaining State Administration of Radio, Film and Television approval, shall go to the industry and commerce entities to conduct registration formalities.
Article 14: Radio stations and television stations are encouraged to disseminate that station’s radio and television programmes through the international Internet.
Article 15: Work units obtaining permits shall formally open operations within one year; those not being able to open and exceeding the time limit, will have their permits revoked by the permit-issuing organ.
Article 16: The State implements an annual “Online Dissemination of Audiovisual Programmes Permit” examination system.
The “Online Dissemination of Audiovisual Programmes Permit” is valid for three years. Within the period of validity, work units having obtained an “Online Dissemination of Audiovisual Programmes Permit” , shall submit annual examination report within provided time limits, and conduct annual examination formalities. Those not meeting conditions in annual examinations have to rectify within a specified time limit, those still not meeting conditions after rectification, will have their “Online Dissemination of Audiovisual Programmes Permit” recalled. Work units not conduction annual examination formalities according to these Regulations, will have their permits automatically cancelled. When the term of validity expires, those needing to continue to operate, shall conduct permit extension formalities 60 days before the end of the period of validity.
Concrete rules for annual examination will be formulated elsewhere by the State Administration of Radio, Film and Television.
Article 17: Information network possessors and operators may not in any way rent or sell their network to work units not having obtained a “Online Dissemination of Audiovisual Programmes Permit” for use in disseminating audiovisual products to the public, may not provide network hardware and software platforms and other services related to information network dissemination of audiovisual products to work units not having obtained an “Online Dissemination of Audiovisual Programmes Permit”.
Domestic Internet sites may not provide audiovisual product link services to domestic web sites not having an “Online Dissemination of Audiovisual Programmes Permit” as well as foreign web sited disseminating audiovisual products.
Article 18: News-category audiovisual programmes used for dissemination to the public through information networks are limited to programmes produced and broadcast by domestic radio stations, television stations, and radio and television stations.
Film and television drama-category programmes used for dissemination to the public through information networks must be television dramas having obtained a “Television Drama Distribution Permit” or a film having obtained a “Film Public Screening Permit”.
Organs apart from radio stations, television stations and radio and television stations organizing entertainment-category and special-category information network dissemination of audiovisual products work, can generally only disseminate programmes produced and disseminated by radio stations, television stations and radio and television stations, or make programmes produced and disseminated by radio stations, television stations and radio and television stations into programme material and conduct editing and supervision. Those directly broadcasting, relaying, using radio stations, television stations or radio and television stations’ programmes thorough information networks, shall obtain permission from the radio station, television station or radio and television station.
Organs authorized by lawful education work units or approved by provincial-level or higher education controlling authorities to organize on-line degree education or professional education, may apply for broadcasting self-produced educational programmes within their authorized speciality.
Sports competitions, cultural performances, large-scale events and interview programmes directly broadcast on-line in an audiovisual form, shall be reported to the local provincial-level administrative radio, film and television organ for approval twenty days before the direct broadcast.
Article 19: It is prohibited to disseminate programmes with the following content through information networks:
(1) content that violates the basic principles of the Constitution;
(2) content that endangers the unity of the nation, sovereignty or territorial integrity;
(3) content that divulges secrets of the State, endangers national security or damages the honour or benefits of the State;
(4) content that incites the nation hatred or discrimination, undermines the solidarity of the nations, or infringes upon national customs and habits;
(5) content that propagates evil cults or superstition;
(6) content that disturbs the public order or destroys the public stability;
(7) content that propagates obscenity, gambling, violence or instigates crimes;
(8) content that insults or slanders others, or infringes upon the lawful rights and interests of others;
(9) content that endangers public ethics or excellent folk cultural traditions;
(10) false information;
(11) foreign programmes received and recorded from the network or foreign media;
(12) other content prohibited by laws, regulations or State provisions.
Article 20: Organs having obtained an “Online Dissemination of Audiovisual Programmes Permit”, shall establish and complete management systems for programme examination, dissemination, etc.
Article 21: All levels’ administrative radio, film and television organs shall conduct supervision and management over information network dissemination of audiovisual products through methods such as monitoring, establishing corresponding public supervision systems, etc.
Article 22: Work units violating these regulations, where one of the following regulations is present, shall be ordered to cease the unlawful activity by the provincial-level or higher administrative radio, film and television organ, and issued with a warning, and may also be fined less than 30.000 Yuan. 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 investigated according to the law.
(1) those without permission, without authorization organizing information network dissemination of audiovisual products work;
(2) those disseminating audiovisual products violating the provisions of Article 17, Article 18 and Article 19 of these Rules.
Article 23: These rules take effect on 10 February 2003.