Ministry of Culture and Tourism Notice on Regulating Online Performance Program (Show) Business Activities to Promote the Healthy and Orderly Development of the Industry

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To all provincial, autonomous region, or directly governed municipality Departments (Bureaus) for culture and tourism and the Bureau for culture, sports, radio, television, and tourism of the Xinjiang Production and Construction Corps:

In recent years, with the impact of the epidemic, some enterprises have elected to provide performance content such as concerts through the internet by means of live broadcasts or recordings, to satisfy the public's spiritual and cultural needs. In order to further implement the requirements of the reform of streamlining administration and improving services, optimize the business environment, and guide the healthy and orderly development of new business forms, notice of the following relevant matters is hereby given:

1. The administration of online streaming of for-profit performances with live audiences as well as of the provision of video broadcast or online viewing services for cultural performances such as music, dance, or theater in for-profit performance venues is to be in accordance with the requirements of the "Ministry of Culture and Tourism Notice of Deepening the Reform of "Streamlining Administration and Improving Services" to Promote the Rich Development of the Performance Market" (MCT Issuance (2020)No.62).

2. "Online Performance Programs (Shows)" in the Temporary Provisions on the Administration of Internet Culture refers to internet cultural products such as music, concerts, vocal concerts, music programs, stage theater (including musicals, plays, dance, or concerts) folk art, acrobatics, and foreign stage arts, that are broadcast in realtime or by the uploading of audio or visual materials through the internet, mobile communications networks, mobile internet, or other information networks.

The following situations are included in the provision of online performance programs (shows): Live broadcast of overseas stage performances through the networks; provision of recorded stage performances through the internet as audiovisual materials; provision of stage performances or virtual stage performances that are specially produced for internet broadcast; provision of stage performances through personal broadcast studios;

3. Based on the Temporary Provisions on the Administration of Internet Culture, those engaging in the online performance program (show) business should obtain online cultural business permits with a scope of business operations that includes online performance programs (shows) from their local provincial departments for culture and tourism.

4. For the provision of imported online performance programs (shows), a report shall be made to the Ministry of Culture and Tourism to conduct content reviews, and they may only be provided to users after passing the content review. For the provision of domestically produced online performance programs (shows), a report shall be made to the Ministry of Culture and Tourism for filing 30 days before it is provided to users.

Imported online performance programs refers to online performance programs in which foreign [non-mainland] performers participate, which were held or recorded overseas, or where the copyrights in virtual performers or virtual stage performances belong to foreign-invested bodies or foreigners.

5. Online performance programs (shows) must not include content prohibited by article 16 of the Temporary Provisions on the Administration of Internet Culture. Online performance program (show) business units should establish and complete systems for content management, set up independent internal content management departments, allocate dedicated personnel responsible for online performance program (show) content management as needed for content review efforts, and strengthen real-time surveillance of user produced content such as comments and bullet comments. Where live broadcasting is used to provide online performance programs (shows), a delayed transmission shall be used in the broadcast and designated persons shall be arranged to conduct real-time regulation of the online performance (program) show, to immediately block any content problems that are discovered and promptly address them.

6. All provincial-level departments for culture and tourism should strengthen dynamic monitoring of the online performance program (show) market and law enforcement inspections, urge enterprises to implement primary responsibility, and promptly investigate and handle any conduct in violation of laws or regulations.

7. Encourage and support online performance program (show) business units' provision of exceptional online performance programs (shows) that comport with the Core Socialist Values; cultural performance groups, performance management bodies, and performance venue business units' use of the internet to provide the public with performances, and their creation and marketing of digitalized performance works; and professional stage arts bodies' participation in the production of online performance programs (shows), to promote the development of new performance business operations

8. Relevant performance industry organizations should strengthen theoretical research on the online performance program (show) industry, establish industry norms, carry out industry self-discipline, build platforms for industry exchanges, provide services to cultivate talent, and promote the rich development of the online performance program (show) industry.

Notice is hereby given.

 

Ministry of Culture and Tourism

2022 month day

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