Notice Concerning Issues Related to Strengthening Management Over Internet Television Programme Services with Television Sets as Receiving Terminal
On 11 August, SARFT issued the “SARFT Notice Concerning Issues Related to Strengthening Management Over Internet Television Programme Services with Television Sets as Receiving Terminal” to all provincial, autonomous region and municipal radio and television bureaus, the Xinjiang Production-Construction Corps Radio and Television Bureaus, all departments and bureaus of SARFT organs and all directly subordinate work units, the Notice says that recently, a number of enterprises have, in order to seek for inappropriate economic gain, without approval of the sector controlling authority or authorization of the rights holders, transmitted Internet online audiovisual programmes such as films and television dramas, etc., without authorization and of their own accord to television set terminals for users to watch, which has gravely infringed the lawful rights and interests of copyright holders, and disordered the Internet audiovisual programme dissemination order. In order to standardize corresponding business management, the following requirements are reiterated as follows:
I, For providing audiovisual programme services to television set terminal users using electronic products such as Internet-linked television sets and set-top boxes, an “Information Network Audiovisual Programme Transmission Permit” with “audiovisual programme integrated operation services with television sets as receiving terminal” shall be obtained according to the relevant provisions of the “Internet Audiovisual Programme Service Management Regulations” (SARFT and Ministry of Information Industry Decree No. 56) and the “ Internet and Other Information Network Audiovisual Programme Dissemination Management Rules.” (SARFT Decree No. 39).
II, For launching Internet audiovisual programme integrated operation services with television sets as receiving terminals, an integrated broadcast control system having functions such as programme broadcast control, programme guides, copyright protection, etc, shall be established, and programme content management systems, security guarantee systems and emergency response systems shall be completed, guaranteeing the manageability and controllability of broadcast audiovisual programme content.
III, Audiovisual programmes disseminated to television set users through information networks such as the Internet, etc., must conform to the relevant provisions of the “Radio and Television Management Regulations“, “Internet Audiovisual Programme Service Management Regulations“, “Internet and Other Information Network Audiovisual Programme Dissemination Management Rules” and the “SARFT Notice Concerning Strengthening Internet Audiovisual Programme Content Management”. Broadcasted films and television dramas must have obtained a “Public Film Screening Permit”, “Television Drama Distribution Permit” or “Television Cartoon Distribution Permit” issued by administrative radio, film and television departments according to the law; broadcast theoretical or historical films or television programmes must have obtained a “Theoretical and Historical Film or Television Programme Broadcast and Screening Permit” issued by administrative radio, film and television departments according to the law.
IV, For launching Internet audiovisual programme services with television sets as receiving terminals, the provisions of copyright laws and administrative regulations shall be obeyed, and corresponding authorization from copyright holders obtained. Copyright protection measures shall be adopted, and the lawful rights and interests of copyright holders protected.
All levels’ radio and television management departments, after receiving this Notice, must conduct examination of the situation in which Internet audiovisual programme services with television sets as receiving terminal are conducted in their jurisdiction, where organs engaging in unauthorized corresponding services are discovered, they may be punished according to the law.