Notice on the strict crackdown on unlawful and criminal activities of illegal television network receiving equipment in accordance with law
Promulgating Entities:Supreme People's Court, the Supreme People's Procuratorate, Public Security Bureau, and the State Administration of Press Publication Radio Film and Television
【Document Number】New radio and television (2015) No. 229
Source:http://www.mediacircle.cn/?p=29274 or China Digital Times
High courts; high procuratorates; public security departments (bureaus); bureaus of press, publication, radio and television of all provinces, autonomous regions and directly controlled municipalities; people's liberation army military courts; military procuratorates; Xinjiang Uighur autonomous region High court branch court for the production and construction corps; Xinjiang construction and production corps people's procuratorates, public security bureaus, bureaus of press, publication, radio and tevision:
To effectively curb unlawful and criminal activities involving illegal television network reception equipment , and truly safeguard the interests of national security, social stability and the people, the following notice is hereby given:
I. Be fully aware of the important significance of the current crackdown on illegal television network reception equipment crimes and unlawfulness.
Unlawful and criminal activities of producing, selling, or installing illegal television network reception equipment, especially unlawful and criminal activities such as the use of illegal television network reception equipment to broadcast obscene programs or endanger national security, seriously undermine public security order and seriously endanger national security. All levels of public security, procuratorate, and adjudication organs, and competent administrative departments for press, publication, radio and television should begin from the overall perspective of preserving national security and public security order, to be fully aware of the serious dangerousness of unlawful and criminal activities involving illegal television network reception reception equipment, strengthen the sense of responsibility and urgency, strengthen organizational leadership, fully bring into play professional functions, strictly combat unlawful and criminal activities involving illegal television network reception equipment in accordance with law, resolutely curb the escalation and spread of unlawful and criminal activities involving illegal television network reception equipment; ensuring positive public security order.
II. Have a correct grasp of the law and policy limits, and severely crack down on illegal and criminal activities involving illegal Television network reception equipment
All levels of public security, procuratorate, and adjudication organs, and competent administrative departments for press, publication, radio and television should place great importance on investigating and handling cases of illegality and crimes involving illegal television reception equipment, have a correct understanding of law and policy limits, strictly carrying out the relevant provisions of laws and regulations, resolutely crackdown on unlawful and criminal activities involving illegal television network reception equipment.
Illegal television network reception equipment principally includes three categories: "Television sticks" and other network sharing equipment; illegal internet television reception equipment including but not limited to set top boxes (STB), television sets, projectors, and monitors that have built-in software or hardware modules for directional reception of illegal television or illegal radio content; network software, mobile network client software and internet AV client terminal software used to view illegal television or listen to illegal radio broadcasts.
Based on the provisions of the Criminal law and judicial interpretations, pursue criminal responsibility for illegal business operations against violations of National regulations to engage in production or sale of illegal television network reception equipment (including software) as well as for providing download services for illegal radio and television reception software, for providing linking services for illegal radio and television programs, or other such business activities disrupting market order where individuals' illegal business operations amount to 50,000 or more or unlawful gains are 10,000 or more, or where units' illegal business operations are 500,000 or more, or unlawful gains are 100,000 or more, follow the Pursue criminal responsibility based on the nature of the conduct for use of the production, sale or installation of illegal television network reception equipment to broadcast obscene programming or carry out conduct endangering to national security. Where criminal activity involving illegal television network reception equipment touches upon multiple charges, follow the relevant principles to punish in accordance with the most serious crime or combine punishment for the multiple crimes. When pursuing criminal's criminal liability, they should also be made to pay over unlawful income, and have personal assets used in commission of the crime confiscated in accordance with law. Where perpetration of the above conduct does not constitute a crime, the administration of press, publication, radio and television and other relevant competent administrative departments give administrative sanctions in accordance with law; where it constitutes a public security administration violation, a public security administration punishment is given in accordance with law. 【typo in Chinese 上诉 - 上述】
III. Strengthen coordination and cooperation, truly enhance collaborative efforts in the fight against unlawful and criminal activities of illegal television network receiving equipment
All levels of departments of press, publication, radio and television, and public security, procuratorate, and adjudication organs should further increase pro-activity in combating unlawful and criminal activities involving illegal television network reception equipment, accelerate progress in investigating and handling efforts, and increase work efficiency. 【typo in Chinese 提供 = 提高】 All levels of departments of press, publication, radio and television should increase the degree of supervision over illegal radio and television network broadcast activities, and where discovering suspected crimes, promptly transfer them to the public security organ and promptly affirm network reception equipment suspected of receiving illegal television uncovered by the public security organs Public security organs should promptly open a case for investigation for suspect crimes, and dig into and uncover the chain of interests in activities using illegal television network reception equipment. In cases where public security organs request approval of arrest or transfer for review for prosecution, procuratorate organs shall promptly make a decision whether or not to approve arrest or begin a prosecution. [typo in Chinese 侦查 -检察 Adjudication organs shall promptly try cases in which the procuratorate has raised a public prosecution in accordance with law, where in the course of inquiry resistance or obstruction of state organ employees performing their duties in accordance with law is discovered, and it constitutes a crime, criminal liability for the crime of obstructing public affairs is pursued, where a violation of public security administration is constituted, administrative sanctions are given in accordance with law. In the course of carrying out the special action on combating and correcting illegal television network reception equipment, all relevant departments should strengthen communication and contact, establish effecting work systems, and form a joint fight force.
All localities and departments upon the receipt of this notification, should immediately make deployments deployments for implementation. Issues encountered in implementation, should be investigated and researched, workable recommendations should be submitted and a report made promptly to the competent authority at the level above.