Rules on the Punishment of Radio and Television Organ Violating Regulations (Trial)

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10 April 2009

GF No. [2009]30

Rules on the Punishment of Radio and Television Organ Violating Regulations (Trial)

Article 1: In order to further strengthen the management of radio stations, television stations, and radio and television stations (hereafter simply named radio and television broadcasting organs), standardize radio and television broadcasting order, stimulate the healthy development of the radio and television sector, according to the “Radio and Television Management Regulations”, these Rules are formulated.

Article 2: Punishment for violating regulations as named in these Rules, refers to punishments of provisional cessation of broadcast an cessation of broadcast, and the punishment of cancellation of permits that administrative radio and television departments may, on the basis of the provisions of these Rules and in view of the situation, impose on broadcasting organs that, in grave circumstances of violating regulations, and not rectifying according to the requirements of administrative radio and television departments or where similar problems occur again after rectification.

Article 3: The State Council administrative radio and television department is responsible for regulation violation punishment work of radio and television broadcasting organs nationwide, county-level and higher People’s Government administrative radio and television departments are responsible for regulation violation punishment work of radio and television broadcasting organs in their administrative area.

Article 4: County-level or higher People’s Government administrative radio and television departments shall first and foremost, order the cessation of the unlawful activity of all radio and television broadcasting organs having one of the following acts violating regulations, according to the provisions of the “Radio and Television Management Regulations”:

(1) setting up radio and television channels (frequencies) without approval;

(2) changing radio and television broadcasting organ station names, station symbols, call signs or changing the establishing subject without permission;

(3) without authorization renting out, transferring or jointly operating radio and television channels (frequencies) or time slots through cooperation or joint venture with organs outside of the system;

(4) jointly running radio and television channels (frequencies) with other broadcasting organs without approval;

(5) changing radio and television channel (frequency) names, call signs, logos or programme setup scopes without approval;

(6) changing radio and television channel (frequency) transmission method, coverage scope or technological parameters without approval;

(7) broadcasting programmes (columns) violating the “Radio and Television Management Regulations or other radio and television propaganda management regulations

(8) violating programmes with advertising or medial consulting in violation of regulations.

Article 5: County-level or higher People’s Government administrative radio and television departments may according to the provisions of these Rules, adopt the following punishment measures for violation of regulations of broadcasting organs having one of the abovementioned acts and also conform to the regulation violation punishments provided in Article 2 of these Rules:

(1) The State Council administrative radio and television department: provisionally ceasing broadcast of the programme (column) violating regulations for 7 to 30 days; ceasing broadcast of the programme (column) violating regulations; provisionally ceasing commercial advertising broadcast on channels (frequencies) violating regulations for 7 to 30 days; provisionally ceasing broadcast of the channel (frequency) violating regulations for 7 to 30 days; provisionally ceasing broadcast of a part of the channels (frequencies) of the broadcasting organ violating regulations; cancelling the channel (frequency) violating regulations and revoking the “Radio and Television Channel Permit”, cancelling the broadcasting organ and revoking the “Radio and Television Broadcast Organ Permit”.

(2) Provincial-level People’s Government administrative radio and television departments: provisionally ceasing broadcast of the programme (column) violating regulations for 7 to 30 days; ceasing broadcast of the programme (column) violating regulations; provisionally ceasing commercial advertising broadcast on channels (frequencies) violating regulations for 7 to 30 days; provisionally ceasing broadcast of the channel (frequency) violating regulations for 7 to 30 days.

(3) City (district), county (city) level People’s Government administrative radio and television departments; provisionally ceasing broadcast of the programme (column) violating regulations for 7 to 30 days; ceasing broadcast of the programme (column) violating regulations.

Article 6: In coordination with the implementation of punishment measures for violation of regulations, county-level and higher People’s Government administrative radio and television departments may also adopt the following punishment measures in view  of the situation:

(1) conducting a warning talk with the responsible person of the broadcasting organ violating regulations;

(2) conducting a report of criticism of the broadcasting organ violating regulations;

(3) investigating the responsibility of the main controlling person in charge and the directly responsible personnel of broadcasting organs violating regulations, and advising the controlling department to impose criticism and education, transfer of position, dismissal and other punishments.

Article 7: Where broadcasting organs have acts of starting radio and television channels (frequencies) without approval, the county-level or higher People’s Government administrative radio and television department will order them to immediately cease broadcast of the illegal channel (frequency), and may conduct a warning talk with the responsible person; where broadcasting organs have one of the acts of changing radio and television broadcasting organ station names, station symbols, call signs or change the establishment subject, etc., without approval, the county-level or higher People’s Government administrative radio and television department orders full rectification within a specified time limit, and may conduct a warning talk with the responsible person.

To those refusing to rectify (cease broadcasting) or where the said sort of act violating regulations appears again within 180 days after rectification (cessation of broadcast), the county-level or higher People’s Government administrative radio and television department will progressively petition the State Council administrative radio and television department to issue or the State Council administrative radio and television department will directly issue a “Regulation Violation Punishment Decision Letter”, and in view of the situation, impose a punishment of provisionally ceasing broadcast of a part of the channels (frequencies) of the broadcast organ violating regulations for 7 to 30 days, and may at the same time conduct a report of criticism of the broadcasting organ violating regulations.

Where circumstances are grave, according to the relevant provisions of the “Radio and Television Management Regulations”, county-level or higher local People’s Government administrative radio and television departments progressively petition the State Council administrative radio and television department to issue or the State Council administrative radio and television department directly issues an “Administrative Punishment Decision Letter”, cancel the said broadcasting organs and revokes the “Radio and Television Broadcasting Organ Permit”, and at the same time investigates the corresponding responsibility of the controlling person in charge and the directly responsible personnel.

Article 8:  Where broadcasting organs have one of the acts of renting out, transferring jointly operating radio and television channels (frequencies) or time slots through cooperation or joint venture with organs outside of the system, jointly running radio and television channels (frequencies) with other broadcasting organs without approval, (5) changing radio and television channel (frequency) names, call signs, logos or programme setup scopes without approval; or changing radio and television channel (frequency) transmission method, coverage scope or technological parameters without approval, the county-level or higher People’s Government administrative radio and television department will order rectification within a given time limit, and may conduct a warning talk with the responsible persons of the broadcasting organ violating regulations.

Those refusing to rectify, or where the said sort of act violating regulations appears again within 180 days after rectification, the county-level or higher People’s Government administrative radio and television department will progressively petition the State Council administrative radio and television department to issue or the provincial level or higher People’s Government administrative radio and television department  will directly issue a “Regulation Violation Punishment Decision Letter”, and impose a punishment on the broadcasting organ violating regulations of provisional cessation of broadcast of the channel (frequency) violating regulations of 7 to 30 days, and may at the same time conduct report for criticism of the broadcasting organ violating regulations.

Where circumstances are grave, on the basis of the relevant provisions of the “Radio and Television Management Regulations”, the county-level or higher People’s Government administrative radio and television department will progressively petition the State Council administrative radio and television department to issue or the State Council administrative radio and television department  will directly issue an “Administrative Punishment Decision Latter”, cancel the channel (frequency) violating regulations and revoke its “Radio and Television Channel Permit”, and at the same time investigate the corresponding responsibility of the controlling person in charge and the directly responsible personnel.

Article 9: For acts of broadcasting programmes by broadcasting organs that violate the “Radio and Television Management Regulations” or other radio and television propaganda management regulations, the county-level or higher People’s Government administrative radio and television department will order rectification within a limited period, and may conduct a warning talk with the responsible person of the broadcasting organ violating regulations; and at the same time may issue a “Regulation Violation Punishment Decision Letter”, and impose a punishment of provisional cessation of broadcast of the programme (column) violating regulations for 7 to 30 days, or even cease broadcast of the programme (column) violating regulations.

To those refusing to rectify, or where the said sort of act violating regulations appears again within 180 days after rectification, the county-level or higher People’s Government administrative radio and television department will petition the provincial-level administrative radio and television department to issue or the provincial level or higher People’s Government administrative radio and television department  will petition the State Council administrative radio and television department to issue a “Regulation Violation Punishment Decision Letter”, or the provincial-level or higher administrative radio and television department directly issues a “Regulation Violation Decision Punishment Letter”, and in view of the situation impose the punishment of provisional cessation of the channel (frequency) on which the programme (column) violating regulations appears for 7 to 30 days on the broadcasting organ violating regulations, and may at the same time conduct a report for criticism of the broadcasting organ violating regulations.

Where circumstances are grave, according to the relevant provisions of the “Radio and Television Management Regulation”, the county-level or higher People’s Government administrative radio and television department will progressively petition the State Council administrative radio and television department to issue or the State Council administrative radio and television department will directly issue an “Administrative Punishment Decision Letter”, cancel the channel (frequency) on which the programme (column) violating regulations appears and cancel its “Radio and Television Channel Permit”, and at the same time investigate the corresponding responsibility of the controlling person in charge and the directly responsible personnel.

Article 10: For acts of broadcasting advertising or medical consulting services programmes by broadcast organs in violation of regulations,  the county-level or higher People’s Government administrative radio and television department will order rectification within a limited period, and may conduct a warning talk with the responsible person of the broadcasting organ violating regulations.

Those refusing to rectify, or where the said sort of act violating regulations appears twice in 30 days, the county-level or higher People’s Government administrative radio and television department will petition the provincial-level administrative radio and television department to issue or the provincial level People’s Government administrative radio and television department  will petition the State Council administrative radio and television department to issue a “Regulation Violation Punishment Decision Letter”, or the provincial-level or higher administrative radio and television department directly issues a “Regulation Violation Decision Punishment Letter”, imposing a punishment of provisional cessation of commercial advertising broadcast on the channel (frequency) violating regulations for 7 to 30 days, and may at the same time conduct a report for criticism of the broadcasting organ violating regulations; where the said sort of act violating regulations appears again within 180 days after officially resuming commercial advertising broadcast on the channel (frequency), the county-level or higher People’s Government administrative radio and television department will petition the provincial-level administrative radio and television department to issue or the provincial level or higher People’s Government administrative radio and television department  will directly issue a “Regulation Violation Punishment Decision Letter”, and impose the punishment of provisional cessation of broadcast of the channel (frequency) violating regulations for 7 to 30 days, and may at the same time conduct a report for criticism of the broadcasting organ violating regulations.

Where circumstances are grave, according to the relevant provisions of the “Radio and Television Management Regulation”, the county-level or higher People’s Government administrative radio and television department will progressively petition the State Council administrative radio and television department to issue or the State Council administrative radio and television department will directly issue an “Administrative Punishment Decision Letter”, cancel the channel (frequency) violating regulations and cancel its “Radio and Television Channel Permit”, and at the same time investigate the corresponding responsibility of the controlling person in charge and the directly responsible personnel.

Article 11: Before administrative radio and television departments impose punishments for violation of regulation on broadcasting organs, they shall notify the punished broadcasting organ of the facts, grounds and basis for the punishment decision, and hear their statements or pleadings, and notify them of the rights they enjoy according to the law. Where relevant facts, grounds or evidence are tenable, the administrative radio and television departments shall accept them.

Article 12: Broadcasting organs receiving the punishment of cancellation of permits, where they do not agree with the punishment, may within 60 days of receiving the “Administrative Punishment Letter”, apply for administrative redress with the State Council administrative radio and television department.

Article 13: Where broadcasting organs’ violation of regulation has relatively grave consequences and the same levels’ administrative radio and television department has not been able to take the initiative to investigate and prosecute or report the circumstances, the higher-level administrative radio and television department will issue a report for criticism of the said administrative radio and television department for the act of neglecting supervisory duty in management, in view of the situation.

Where administrative radio and television department work personnel neglect their duties, and they do not cease or deal with acts of broadcasting organs violating regulations that should be  ceased or dealt with, causing the broadcasting organ management order to suffer grave damage, they will be subject to administrative punishment according to the relevant provisions of the “Administrative Organ Civil Servant Punishment Regulations”; where circumstances are grave and it constitutes a crime, criminal responsibility will be prosecuted according to the law.

Article 14: County-level or higher local People’s Government administrative radio and television departments shall report the “Regulation Violation Punishment Decision Letter” and the corresponding rectification situation of broadcasting organs violating regulations to the local Party Committee Propaganda Department, and progressively report it to the provincial-level People’s Government administrative radio and television department.

Provincial-level People’s Government administrative radio, film and television departments shall collect the “Regulation Violation Punishment Decision Letters” issued by all levels’ administrative radio and television departments in their jurisdiction and the corresponding rectification situation of broadcasting organs violating regulations, form a written report, and report it to the State Council administrative radio and television department in the first third of December every year.

Article 15: Where radio and television broadcasting organs are established or channels (frequencies) opened illegally, without having obtained a “Radio and Television Broadcasting Organ Permit” issued by the State Council administrative radio and television department, the county-level or higher People’s Government administrative radio and television department will ben it and impose punishments according to the relevant provisions of the “Radio and Television Management Regulations”.

Article 16: Where radio and television broadcasting organs have one of the acts violating regulations listed in Article 4 of these Rules, the county-level or higher People’s Government administrative radio and television department may impose administrative punishments such as warnings, fines, confiscation of unlawful business income, confiscate the special equipment used to engage in the unlawful activity, etc., according to the provisions of relevant administrative regulations and rules, and in view of the situation.

Article 17: Dealing with punishing regulation violations by paid radio and television channels, will be implemented on the basis of other corresponding regulations.

Article 18: These Rules take effect on the day of promulgation.

国家广播电影电视总局

关于印发《广播电视播出机构违规处理办法》(试行)的通知

2009年4月10日 广发[2009]30号

广播电视播出机构违规处理办法(试行)

第一条 为进一步加强广播电台、电视台、广播电视台(以下简称广播电视播出机构)管理,规范广播电视播出秩序,促进广播电视业的健康发展,依据《广播电视管理条例》,制定本办法。

第二条 本办法所称的违规处理,是指对违规情节严重、未按广播影视行政部门要求整改或整改后再次出现同类问题的播出机构,广播影视行政部门可依据本办法规定视情况作出暂停播出、停止播出的处理或吊销许可证的处罚。

第三条 国务院广播影视行政部门负责全国广播电视播出机构的违规处理工作,县级以上人民政府广播影视行政部门负责本行政区域内的广播电视播出机构违规处理工作。

第四条 对有下列违规行芳之一的广播电视播出机构,县级以上入民政府广播影视行政部门应首先按照《广播电视管理条例》的有关规定,责令其停止违规活动:

(一)未经批准开办广播电视频道(率)的;

(二)未经批准变更广播电视播出机构台名、台标、呼号或变更设立主体的;

(三)擅自出租、转让或与系统外机构合资、合作经营广播电视频道(事)、播出时段的;

(四)未经批准与其它播出机构合办广播电视频道(率)的;

(五)未经批准变更广播电视频道(事)名称、呼号、标识、节日设置范围的;

(六)未经批准变更广播电视频道(事)传输方式、覆盖范围、技术参数的;

(七)违反《广播电视管理条例》或其它广播电视宣传管理规定播出节(栏)目的;

(八)违规播放广告、医疗资讯服务节日的。

第五条 对有上述违规行为之一且符合本办法第二条规定的违规处理条件的播出机构,县级以上人民政府广播影视行政部门可依照本办法规定,采取以下违规处理措施:

(一)国务院广播影视行政部门:暂停违规节(栏)日播出7—30日;停止违规节(栏)目播出;暂停违规频道(事)的商业广告播出7—30日;暂停违规频道(事)播出7—30日;暂停违规播出机构部分频道(事)播出7—30日;撤销违规频道(事)并吊销《广播电视频道许可证》;撤销违规播出机构并吊销《广播电视播出机构许可证》。

(二)省级入民政府广播影视行政部门:暂停违规节(栏)目播出7—30日;停止违规节(栏)目播出;暂停违规频道(事)的商业广告播出7—30日;暂停违规频道(事)播出7—30日。

(三)市(地)、县(市)级人民政府广播影视行政部门:暂停违规节(栏)目播出7—30日;停止违规节(栏)日播出。

第六条 配合违规处理措施的执行,县级以上人民政府广播

影视行政部门还可视情况采取以下处理措施:

(一)对违规播出机构的负责入进行警示谈话;

(二)对违规播出机构进行通报批评;

(三)追究违规播出机构负有责任的主管人员和直接责任人员责任,建议主管部门给予批评教育、调离岗位、撤职等处分。

第七条 播出机构有未经批准开办广播电视频道(事)行为的,由县级以上人民政府广播影视行政部门责令其立即停播非法频道(事),并可对其负责入进行警示谈话;播出机构有未经批准变更广播电视播出机构台名、台标、呼号或变更设立主体等行为之一的,由县级以上入民政府广播影视行政部门责令共限期整改,并可对其负责人进行警示谈话。

拒不整改(停播)或整改完成(停播)后180日内再次出现该类违规行为的,由县级以上地方人民政府广播影视行政部门逐级报请国务院广播影视行政部门下发或国务院广播影视行政部门直接下发《违规处理决定书》,视情况对违规播出机构作出暂停部分频道(事)播出7—30日的处理,同时可对违规播出机构进行通报批评。

情节严重的,根据《广播电视管理条例》的有关规定,由县级以上地方人民政府广播影视行政部门遂级报请国务院广播影视行政部门下发或国务院广播影视行政部门直接下发《行政处罚决定书》,撤销该播出机构并吊销其《广播电视播出机构许可证》,同时时负有责任的主管人员和直接责任入员追究相关责任。

第八条 播出机构有出租、转让或与系统外机构合资、合作经营广播电视频道(事)、播出时段,未经批准与其它播出机构合办广播电视频道(事),未经批准变更广播电视频道(事)名称、呼号、标识、节日设置范围,未经批准变更广播电视频道(事)传输方式、覆盖范围、技术参数等行为之一的,由县级以上人民政府广播影视行政部门责令其限期整改,并可对违规播出机构的负责入进行警示谈话。

拒不整改或整改完成后180日内再次出现该类违规行为的,由县级以上地方人民政府广播影视行政部门逐级报请省级人民政府广播影视行政部门下发《违规处理决定书》,或由省级以上人民政府广播影视行政部门直接下发《违规处理决定书》,视情况对违规播出机构作出暂停违规频道(事)播出7—30日的处理,同时可对违规播出机构进行通报批评。

情节严重的,根据《广播电视管理条例》的有关规定,由县级以上地方人民政府广播影视行政部门遂级报请国务院广播影视行政部门下发或国务院广播影视行政部门直接下发《行政处罚决定书》,撤销违规频道(事)并吊销其《广播电视频道许可证》,同时对负有责任的主管人员和直接责任入员追究相关责任。

第九条 播出机构有违反《广播电视管理条例》或其它广播电视宣传管理规定播出节目的行为,由县级以上人民政府广播影视行政部门责令其限期整改,并可对违规播出机构的负责入进行警示谈话;同时可视情况下发《违规处理决定书》,作出暂停违规节(栏)日播出7—30日,直至停播违规节(栏)日的处理。

拒不整改或整改完成后180日内再次出现该类违规行为的,由县级以上地方人民政府广播影视行政部门逐级报请省级人民政府广播电视行政部门下发《违规处理决定书》,或由省级以上人民政府广播影视行政部门直接下发《违规处理决定书》,视情况对违规播出机构作出暂停违规节(栏)日所属频道(事)播出7—30日的处理,同时可对违规播出机构进行通报批评。情节严重的,根据《广播电视管理条例》的有关规定,由县级以上地方人民政府广播影视行政部门逐级报请国务院广播影视行政部门下发或国务院广播影视行政部门直接下发《行政处罚决定书》,撤销违规节(栏)日所属频道(事)并吊销其《广播电视频道许可证》,同时对负有责任的主管人员和直接责任人员追究相关责任。

第十条 播出机构有违规播放广告、医疗资讯服务节日的行为,由县级以上人民政府广播影视行政部门责令其限期整改,并可对违规播出机构的负责入进行警示谈话。

拒不整改或30日内两次出现该类违规行为的,由县级以上地方人民政府广播影视行政部门逐级报请省级人民政府广播影视行政部门下发《违规处理决定书》,或由省级以上入民政府广播影视行政部门直接下发《违规处理决定书》,作出暂停违规频道(事)商业广告播出7—30日的处理,同时可对违规播出机构进行通报批评;频道(事)正式恢复商业广告播出后180日内再次出现该类违规行为的,由县级以上地方人民政府广播影视行政部门逐级报请省级人民政府广播影视行政部门下发《违规处理决定书》,或由省级以上人民政府广播影视行政部门直接下发《违规处理决定书》,作出暂停违规频道(事)播出7—30日的处理,同时可对违规播出机构进行通报批评。

情节严重的,根据《广播电视管理条例》的有关规定,由县级以上地方人民政府广播影视行政部门遂级报请国务院广播影视行政部门下发或国务院广播影视行政部门直接下发《行政处罚决定书》,撤销该频道(事)并吊销其《广播电视频道许可证》,同时对负有责任的主管人员和直接责任人员追究相关贲任。

第十一条 广播影视行政部门在对播出机构作出违规处理决定前,应当告知被处理播出机构作出决定的事实、理由及依据,听取其陈述或申辩,并告知其依法享有的权利。有关事实、理由或证据成立的,广播影视行政部门应当采纳。

第十二条 受到吊销许可证处罚的播出机构,对处罚不服的,可在收到《行政处罚决定书》之日起60日内,向国务院广播影视行政部门申请行政复议。

第十三条 播出机构违规情节严重且同级广播影视行政部门未能主动查处或上报情况的,由上级广播影视行政部门视情节对该广播影视行政部门的管理失察行为予以通报批评。

广播影视行政部门工作人员玩忽职守,对应当予以制止和处理的播出机构违规行为不予制止、处理,致使播出机构管理秩序遭受严重损害的,依照《行政机关公务员处分条例》的有关规定予以行政处分;情节严重构成犯罪的,依法追究刑事责任。

第十四条 县级以上地方人民政府广播影视行政部门应将其下发《违规处理决定书》和相关违规播出机构的整改情况抄报当地党委宣传部,并逐级上报省级人民政府广播影视行政部门。

省级人民政府广播影视行政部门应将本辖区内各级广播影视行政部门下发《违规处理决定书》和相关违规播出机构的整改情况进行汇总,形成书面报告,每年12月上句报送国务院广播影视行政部门。

第十五条 未取得国务院广播影视行政部门颁发的《广播电视播出机构许可证》而非法设立广播电视播出机构或开办频道(率)的,由县级以上人民政府广播影视行政部门予以取缔并按《广播电视管理条例》的有关规定予以处罚。

第十六条 广播电视播出机构有本办法第四条所列违规行为之一的,县级以上人民政府广播影视行政部门还可按照有关行政法规、规章的规定,视情况作出警告、罚款、没收违法所得、没收从事违法活动专用设备等行政处罚。

第十七条 广播电视付费频道的违规处理,依据其它相应规定执行。

第十八条 本办法自发布之日起实施。

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