State Administration of Radio, Film and Television Decree
The “Foreign Satellite Television Channel Landing Management Rules” were passed on the executive meeting of 14 November 2003, are hereby promulgated, and take effect on 10 January 2004.
Director: Xu Guangchun
4 December 2003
Foreign Satellite television Channel Landing Management Rules
Article 1: In order to strengthen foreign satellite television channels landing management, these Rules are formulated.
Article 2: These Rules apply to management of foreign satellite television channels landing through satellite transfer method in the territory of the People’s Republic of China
Article 3: The State Administration of Radio, Film and Television (hereafter simply named SARFT) is responsible for implementation of foreign satellite television channel landing special management, and implements an examination and approval system for foreign satellite television channel landing.
Article 4: With SARFT approval, foreign satellite television channels may be landed in the scope of three-stars and higher foreign-related guesthouses and hotels, foreign-related office and residence compounds specially provided for foreigners and other specially designated scopes.
Article 5: Applications for landing of foreign satellite television channels, shall meet the following conditions:
(1) the broadcasted content may not violate the provisions of Chinese laws, regulations and rules;
(2) be lawful television media in the country (region) of origin;
(3) having comprehensive strength in China radio and television mutually beneficial cooperation, committing to and vigorously assisting Chinese radio and television programmes to land abroad;
(4) channels applying for landing and their directly related organs are friendly to China, and have long time friendly radio and television communication and cooperation with China;
(5) agree to through SARFT-appointed organs (hereafter simply named appointed organs), orient transmission of their channels’ programmes in a unified way, commit to not land in Chinese territory through other channels;
(6) agree and entrust appointed units to exclusively represent all matters relevant to their landing in Chinese territory.
Article 6: SARFT examines and approves foreign satellite television channel landing applications once every year, dealing with them from July to September.
Article 7: Concerning one foreign satellite television organ, in principle only one of their subordinate channels is approved to land within the provided scope; in principle, news-like foreign satellite television channels are not approved to land in the territory, satellite television channels set up or run jointly by foreign radio and television organs and other relevant entities, groups, enterprises and individuals are not approved to land in the territory. In special circumstances, SARFT must be petitioned for special approval.
Article 8: Foreign satellite television channels applications for landing, must in advance be raised with appointed organs, and a “Satellite Television Channel Memorandum” must be filled out as required, certification materials with content as stipulated in Article 5 and Article 7 of these Rules must be submitted as well as viewing devices such as decoders. Where application materials are not complete, they shall be supplemented within 14 days of receiving notification, those exceeding this period shall be considered as voluntarily abandoning application. After completion of application materials, the appointed organ shall submit a draft application for landing in the Chinese territory for the represented foreign satellite television channel.
Article 9: Where SARFT agrees to the appointed organ’s conducting talks concerning agency matters with the foreign satellite television channel, a foreign satellite television channel newly applying for landing shall within 20 days, and a channel having obtained qualification in the previous year within 45 days, negotiate the handling of relevant cooperation matters with the appointed organ, those exceeding the period shall be considered as voluntarily abandoning application.
SARFT formulates a landing decision for foreign satellite television channels conforming to the provisions of Article 5 and Article 7 of these Rules.
Article 10: Foreign satellite television channels approved for landing, must abide by all Chinese regulations concerning foreign satellite television management.
Article 11: Foreign satellite television channels approved for landing, shall according to the requirements of the appointed organ correspondingly adjust the broadcast cover of the satellite signal; implement the agreement with the appointed organ, and may not without authorization launch spreading activities their television stations and their brands and relevant received equipment in Chinese territory.
Article 12: Foreign satellite television channels approved for landing are prohibited to broadcast programmes containing the following content:
(1) content endangering China’s national unity, sovereignty and territorial integrity;
(2) content endangering China’s State security, harming China’s reputation and interests, divulging Chinese State secrets;
(3) content inciting China’s ethnicities to separatism, ethnic hatred, ethnic discrimination, destroying Chinese ethnic unity, violating the customs and habits of China’s ethnicities;
(4) content endangering China’s social stability, propagating obscenity, violence, superstition and evil cults, instigating crime;
(5) content slandering and insulting others, infringing others’ lawful rights and interests;
(6) content endangering China’s social ethics, slandering the excellent cultural traditions of China’s ethnicities;
(7) other content prohibited by Chinese laws, regulations and rules.
Article 13: Foreign satellite television channels approved for landing modifying the following matters, must in advance notify the appointed organ for negotiation, and SARFT must be notified by the appointed organ:
(1) changing channel and their directly related organs’ share structure, management powers, investors, main managers;
(2) changing important matters listed in the “Satellite Television Channel Memorandum” such as channel name, channel category, programme composition, broadcast language, etc.
(3) whether or not channel broadcast signal encoding is changed, changing relevant technological parameters such as signal transmission satellite and its covering area, etc.
(4) changing content matters related to Article 5 and Article 7 of these Rules.
Where SARFT finds that because of changes in the abovementioned matters, the channel approved for landing does not conform to the conditions provided in these Rules, it may correspondingly deal with it, up to cessation of landing qualifications.
Article 14: All levels’ administrative radio and television entities, according to the “Satellite Television Broadcast Surface Receiving Facilities Management Regulations” (State Council Decree No. 129) and relevant regulations, manage relevant foreign satellite television channel receiving activities.
Article 15: Appointed organs shall adopt necessary guard and handling steps, assist administrative radio and television entities in conducting supervision of relevant activities and broadcast content of foreign satellite television channels they represent, cooperate with SARFT in implementing corresponding handling, timely report discovered problems.
Where foreign satellite television channels approved for landing broadcast content violating the provisions of Article 12 of these Rules, the appointed organ shall immediately cease the transmission of the content violating regulations.
Article 16: Where foreign satellite television channels approved for landing violate the provisions of these Rules, where circumstances are relatively light, they shall be given a warning by SARFT, required to state the situation and correct it; where circumstances are grave, its specially designated content transmission shall be suspended, its corresponding channel landing qualifications are suspended or cancelled.
Article 17: Where foreign satellite television channels approved for landing create adverse influence, except from receiving corresponding handling, they shall according to SARFT requirements eliminate the adverse influence in the identical transmission scope.
Article 18: Foreign satellite television channels approved by SARFT for landing in specially designated domestic areas, shall be managed with reference to these Rules.
Article 19: These Rules take effect on 10 January 2004. The “Provisional Foreign Satellite Television Channel Landing Examination and Approval Management Rules” (SARFT Decree No. 8) shall simultaneously be abolished.