SARFT Circular Concerning the Situation of Shandong Province, Dongying City Television Violating Regulations

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On 22 March, SARFT issued the “SARFT Circular Concerning the Situation of Shandong Province, Dongying City Television Violating Regulations” to all provincial, autonomous region and municipal radio, film and television bureaus, Xinjiang Production-Construction Corps radio, film and television bureau, the three central stations, film channel and programme centres, China Education Television, the Circular says, after implementation of the “Radio and Television Advertising Broadcast Management Rules” (SARFT Decree No. 61) on 1 January 2010, the implementation situation by all levels’ broadcasting organs nationwide is good, the advertising broadcast order has clearly turned for the better. On 21 February, countering a few problems of broadcasting organs broadcasting advertising related to sex, SARFT specially issued the “Notice Concerning Further Strengthening Radio and Television Advertising Examination and Supervision Work” (SARFT No. (2010)21), reaffirming the firm prohibition of sex-related advertising, and clearly pointed out, that to those still broadcasting in violation of regulations, as soon as it is discovered, it would be severely dealt with through immediate suspension of commercial advertising broadcast. But SARFT supervision found, Shandong Province Dongying City Television disregarded SARFT regulations, and many kinds of grave problems violating regulations such as broadcast of sex-related advertising, still exited, creating a harmful social influence, damaging the overall image of radio and television. At the same time, in that television station, there also existed problems of unauthorized opening of channels, gravely throwing radio and television channel (frequency) opening order into chaos. Hereby, the problems violating regulation on the concerned channel are circulated as follows:

 

Through SARFT inspection on 8 March, it was found that Dongying City Television opened a set of television channels without authorization. At the same time, the concerned stations’ general news channel and public channel advertising broadcast regulation violation problems were mainly:

(1) broadcasting sex-related advertising. Sexual preservative product advertising such as for the “Jinbo Special Pill” broadcasted on the general news channel and the “Bangdishi Pill”, broadcasted on the public channel, expanded by images of patients, used vulgar language, and propagated efficacy, sex experiences, etc., after use;

(2) in violation of regulations broadcasting medical treatment, medicine and protection product advertisement. Many kinds of medical treatment, medicine or protection product advertisement broadcasted on the two channels such as the “American Aofukang”, “Famous Classroom”, “Zhanggu Antidote”, Insect Insulin”, “Old But Hale Radiation Treatment Machine”, “Sweet Dew Concentrated Sugar and Titanium Oral Solution, American Vanguard Pills”, “Bloody Urine Tabs”, “Perfect Life Protein Pills”, etc., propagating recovery rates and effectiveness, taking expert or patient images as evidence of medical effectiveness,

(3) Excessive broadcast of commercial advertising. The two channels broadcast on average only commercial broadcast in the five hours between 1.00 and 6.00, and from 9.00 until 18.00, broadcast commercial advertising for a duration which on average gravely exceeds regulatory standards;

(4) In violation of regulation putting up advertisement corners. The two channels separately broadcasted corner advertising for “Dongkang Hospital Prostatitis Analgesia Strem Special Gynaecology”, ” Harmony Male Venereology Science Division”, “Huashan Hospital Weiwei Analgesia Stream”, “One-time Cure of Cervical Erosion”, “Sino-Western Medicine Integrated Hospital Reproduction Special First Brand”, etc.;

(5) Gravely exceeding television drama advertising insertion time. During the television drama broadcasting time of the two channels, the time of advertising insertion gravely exceeded statutory standard, and were sometimes lengthened to 6 minutes or 10 minutes.

 

In order to enforce discipline, on the basis of relevant regulations such as the “Radio and Television Management Regulations”, the “Radio and Television Advertising Broadcast Management Rules”, the “Rules on Dealing with Radio and Television Broadcast Organ Violating Regulations (Trial)” and the “Notice Concerning Further Strengthening Radio and Television Advertising Inspection, Supervision and Management Work”, etc., SARFT has decided to (1) order Dongying Television Station to immediately cease the illegally-started television channels; (2) order Dongying Television Station’s comprehensive news channel and public channel to temporarily cease the broadcast of all commercial advertising for a month, between 25 March and 25 April, and conduct complete clean-up and rectification; (3) charge the Shandong provincial radio and television bureau to conduct supervision, inspection, checking and examination of the rectification situation of the said station, and after concluding checking work, sending a written report to SARFT, and only after examination, verification and agreement by SARFT may the said station recommence advertising broadcasts; charging the Shandong provincial radio and television bureau with strengthening supervision and management over radio and television channels (frequencies) and advertising broadcast in the entire province, and, where problems are discovered, strictly and timely dealing with them; request the Shandong provincial bureau to report this situation timely to the local industry and commerce, drug supervision and other departments, and request that they conduct investigation and prosecution of the advertisers and advertising business enterprises involved with this advertising.

 

All provincial-level administrative radio, film and television departments are required to timely transfer this Circular to all broadcasting organs in their jurisdiction, supervise all stations in earnestly launching self-examination and self rectification, actively clean up all sorts of advertising violating regulations, determinedly attack unauthorized starting of radio and television channels (frequencies), and put an end to similar problems happening again.

 

广电总局关于山东省东营市电视台违规情况的通报
 3月22日,广电总局向各省、自治区、直辖市广播影视局,新疆生产建设兵团广播电视局,中央三台、电影频道节目中心,中国教育电视台发出《广电总局关于山东省东营市电视台违规情况的通报》,通报说,《广播电视广告播出管理办法》(广电总局令第61号)2010年1月1日实施后,全国各级播出机构执行情况良好,广告播出秩序明显好转。2月21日,针对个别播出机构播出涉性广告问题,总局专门下发了《关于进一步加强广播电视广告审查和监管工作的通知》(广发〔2010〕21号),重申坚决禁止涉性广告,并明确指出,对仍违规播出的,一经发现,将直接给予暂停商业广告播出严肃处理。但经总局监看发现,山东省东营市电视台无视总局规定,依然存在播出涉性广告等多种严重违规问题,造成了不良社会影响,损害了广播电视的整体形象。同时,该台还存在擅自开办频道的问题,严重扰乱了广播电视频道(率)开办秩序。现将该台违规问题通报如下:
经总局3月8日监看,东营市电视台擅自开办一套影视频道。同时,该台新闻综合频道和公共频道广告播出违规问题主要有:(1)播出涉性广告。新闻综合频道播出的“金勃特胶囊”和公共频道播出的“邦地士胶囊”等性保健品广告,以患者形象现身说法,使用低俗语言,宣传服用以后的功效、性体验等;(2)违规播出医疗、药品和保健品广告。两个频道播出的“美国奥复康”、“名医讲堂”、“壮骨拔毒贴”、“昆虫胰岛素”、“龙马辐射治疗器”、“甘露聚糖钛口服溶液”、“美国前卫胶囊”、“血尿安片”、“生精蛋白胶囊”等多条医疗、药品、保健品广告,宣传治愈率、有效率,以专家或患者形象做疗效证明;(3)超量播放商业广告。两个频道01:00至06:00五小时均全部播出商业广告,且自09:00至18:00之间,每小时的商业广告时长均严重超过规定标准;(4)违规播出挂角广告。两个频道分别播出“东康医院前列腺炎无痛人流专业妇科”、“协和男科科学细分”、“华山医院薇薇无痛人流”、“一次性治疗宫颈糜烂”、“中西医结合医院生殖专科第一品牌”等挂角广告;(5)电视剧插播广告严重超时。两个频道播出电视剧时,插播广告时间严重超出规定标准,部分长达6分钟、10分钟。
为严肃纪律,根据《广播电视管理条例》、《广播电视广告播出管理办法》、《广播电视播出机构违规处理办法(试行)》和《关于进一步加强广播电视广告审查和监管工作的通知》等有关规定,总局决定:(1)责令东营市电视台立即停播非法开办的影视频道;(2)责令东营市电视台新闻综合频道和公共频道自3月25日零时至4月25日零时,暂停播出所有商业广告一个月,并进行全面清理整顿;(3)责成山东省广电局对该台的整改情况进行监督检查和验收核查,验收工作结束后,向总局提出书面报告,经总局审核同意后,方可恢复该台广告播放;(4)责成山东省广电局加强对全省广播电视频道(率)和广告播出监管,发现问题及时严肃处理;(5)请山东省局将此情况及时通报当地工商、药监等部门,提请对相关涉性广告的广告主和广告经营企业,依法进行查处。
请各省级广播影视行政部门将此通报及时转发辖区内所有播出机构,督促各台认真开展自查自纠,主动清理各类违规广告,坚决打击擅自开办广播电视频道(率)行为,杜绝类似问题再次发生。

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