Provisions on the Administration of Radio, Television, and Online A/V Program Production and Business (Draft for the solicitation of comments)

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Chapter I: General Provisions

Article 1: These Provisions are formulated on the basis of the PRC Administrative Permitting Law, The Regulations on the Administration of Radio and Television, and other relevant laws and administrative regulations, so as to maintain the correct orientation of radio, television, and online A/V programs, to promote the prosperity and development of the radio, television, and online A/V programming production sector, and to satisfy the public's emotional and cultural demand.

Article 2: These Provisions apply to those engaging in business activities for the production and distribution of news programs, variety shows, documentaries, radio shows, television animation, television shows, online shows, and other radio, television, and online A/V programming (hereinafter "programs"), as well as relevant representation and other activities related to them.

Institutions dedicated to the production of advertising programs, and their production and business activities etc., are to be managed in accordance with the Advertising Law and other related laws and regulations.

Article 3: The National Radio and Television Administration (Hereinafter "NRTA") is responsible for drafting a national development plan, arrangements, and structure for the program production industry, to manage, guide, and oversee program production and business activities for the whole nation.

The departments for radio and television of people's governments at the county level or above are responsible for management efforts for program production and business activities.

Article 4: The state is to implement a permit system for engagement in program production and business activities.

Where institutions engage in or organize others to engage in, program production and business activities, they shall obtain a Radio and Television Program Production Business Permit; Where engaging in, or organizing others to engage in television show production activities, they shall also obtain a Television Show Production Permit.

Where online A/V program service establishments organize others to engage in program production and business activities, they shall also comply with the state provisions on online A/V program services.

Article 5: Overseas organizations and individuals and foreign-invested enterprises must not engage in program production and business activities, except as provided by other state provisions.

Article 6: Program production industry organizations are to draft industry self-discipline regulations in accordance with law, strengthening professional training for those in the field, guiding industry entities to comply with laws and regulations, respecting social mores, following professional ethics, establishing a positive social image, and building a clean industry ecosystem.

Chapter II: Permit Regulation

Article 7: Applications for Radio and Television Program Production Business Permits shall comply with the state development plans, arrangements, and structures for the program production industry, and possess the following:

(1) Possess independent standing as a legal person, and have an institutional name, organizational bodies, and charter that comply with state laws and regulations;

(2) Have relevant professional personnel corresponding to the scope and needs of operations;

(3) Legal representatives must be Chinese citizens;

(4) The institution and its legal representatives have no records of major violations or untrustworthiness in the last three years;

(5) Other requirements provided for in other laws or administrative regulations.

Article 8: Institutions applying for Radio and Television Program Production Business Permits shall provide the following materials to the approval organ:

(1) An application report;

(2) the intitution's charter;

(3) A Radio and Television Program Production Business Permit application form;

(4) Resumes and materials for main personnel;

Article 9: Where central units in Beijing and their subordinate bodies apply for Radio and Television Program Production Business Permits, the departments for radio and television of provincial-level people's governments entrusted by the NRTA are to approve them; where other institutions apply for Radio and Television Program Production Business Permits, the departments for radio and television for the provincial-level people's governments where they are located is to approve it.

Approval organs shall complete the examination within 15 working days of receiving the application, and make a decision to grant or deny the permit. Where the requirements are satisfied and a permit is granted, issue a Radio and Television Program Production Business Permit; where the requirements are not met and the permit is denied, notify the applicant institution in writing and explain the reasons.

Approval organs shall report the situation to the NRTA within 15 working days of making a decision to grant or deny the permit.

Article 10: Where institutions that possess a Radio and Television Program Production Business Permit (hereinafter "program production business establishments") establish branch institutions engaged in program production and business activities in other provinces, autonomous regions, and directly governed municipalities, they shall file with both the original approval organ and the department for radio and television of the provincial people's government for the location of the branch institution within 15 working days of establishing the branch institution.

Article 11: Where talent management agencies organize actors, guests, online presenters, and others to engage in program production and business activities, they shall apply to obtain Radio and Television Program Production Business Permits.

Where online A/V program service establishments organize others to engage in activities uploading online A/V programs, they shall apply for Radio and Television Program Production Business Permits.

Where institutions that possess Radio and Television Program Production Business Permits engage in, or organize others to engage in, program production and business activities, they do not need to separately apply for Radio and Television Program Production Business Permits.

Article 12: The following institutions may apply for Television Show Production Permits:

(1) program production business establishments;

(2) Radio and television broadcast establishments at the prefecture-level or higher.

When applying for Television Show Production Permits, the applicant institution shall submit the following materials to the approving organ:

(1) An application report;

(2) An application form;

(3) Copies of the applicant institution's contracts or letters of intent to cooperate concluded with producers, directors, editors, camera personnel, main actors, and other creators and cooperating institutions (investing institutions) and so forth;

(4) Materials on permitted institutions' production funds.

Article 13: Departments for radio and television of provincial-level people's governments entrusted by NRTA are to carry out approvals for Television Show Production Permits.

Approval organs shall complete the examination within 15 working days of receiving the application, and make a decision to grant or deny the permit. Where the requirements are satisfied and a permit is granted, issue a Television Show Production Permit; where the requirements are not met and the permit is denied, notify the applicant institution in writing and explain the reasons.

Approval organs shall report the situation to the NRTA within 15 working days of making a decision to grant or deny the permit.

Article 14: The validity period for Radio and Television Program Production Business Permits and Television Show Production Permits is 3 years.

Radio and Television Program Production Business Permits and Television Show Production Permits use hard-copy and electronic formats with both having equal validity.

The issuance of Radio and Television Program Production Business Permits and Television Show Production Permits is to be periodically announced to the public by NRTA.

Article 15: Where institutions with permits need to extend their permits, they shall submit an application for an extension to the original approval organ 3 months before the permit's expiration. The approval organs shall complete the examination within 15 days of receiving the application, and make a decision to grant or deny the extension.

Where institutions with permits undergo mergers or divisions or have changes to their scope of business, legal representatives, funding structures, or other major matters that impact permitting requirements, they shall report to the original approval organ to complete formalities for changing the matters in the permit. The approval organs shall complete the examination within 15 days of receiving the application, and make a decision to grant or deny the changes.

Where institutions with permits change their name, domicile, or other matters in their industrial or commercial registry, they shall complete formalities for review with the original approval organ within one month of the change. The approval organs shall complete changes to the registry within 5 days of receiving the report.

Chapter III: Regulation

Article 16: Institutions engaged in program production and business activities shall carry out operations and activities in strict accordance with the scope of production business in the Radio and Television Program Production Business Permit and Television Show Production Permit.

News programs (including social and public affairs such as politics, economics, military affairs, and foreign affairs, as well as reporting, interviews, commentary, and other such programs on societal emergency incidents) broadcast by institutions through radio and television can only be produced by radio and television broadcast establishments.

Article 17: Program production shall adhere to a people-centric production orientation, innovate topics, media, formats, and tactics; foster and practice the Core Socialist Values, and carry forward and develop the exceptional traditional Chinese culture, revolutionary culture, and advanced socialist culture.

The departments for radio and television are to support the creation and production of high-quality programs with profound thought, exquisite art, and excellent production, to develop and innovate the program forms that the people adore.

Article 18: The production or distribution of programs with the following content is prohibited:

(1) Content violating the basic principles established by the Constitution, inciting resistance or undermining the implementation of the Constitution, laws, and regulations, or distorting or denying advanced socialist culture;

(2) endangerment of the national unity, sovereignty or territorial integrity; leaking state secrets; endangering national security; harming national dignity, honor or interests; advocating terrorism, extremism, or nihilism;

(3) Content debasing the exceptional traditional Chinese culture, inciting ethnic hatred or ethnic discrimination, infringing on ethnic customs and habits, distorting ethnic history or figures in ethnic history, hurting ethnic feelings, and undermining ethnic unity;

(4) Content distorting, vilifying, profaning, or denying revolutionary culture or the deeds and spirit of heroes and martyrs;

(5) Content violating the state's religious policies or promoting cults and superstitions;

(6) Content endangering social mores, disrupting social order, undermining social stability; promoting obscenity, gambling or drug use; rendering violence or terror, instigating crimes or teaching criminal methods, or advocating discrimination based on race, nationality, region, sex, occupation, physical and mental defects, and so forth;

(7) Content harmful to the physical and mental health of minors;

(8) insults or defamation of others, or spreading others' private information and harm of others' lawful rights and interests or the public interest;

(9) Other content prohibited by laws and administrative regulations.

Organizations and individuals must not participate in production business activities for programs that contain the content described above, and must not provide management, publicity, and other services for programs containing the content described above.

Article 19: Institutions engaged in program production and business activities' selection of primary creative personnel such as directors, editors, actors, guests, DJs, presenters, and online presenters shall persist in making political character, moral character, artistic level, and societal assessment the standards for selection; and when selecting actors, guests, and other such personnel, shall also conform with the program topic and the role.

Institutions engaged in program production and business activities shall follow the NRTA's guidance provisions to reasonably determine program production cost allocation ratios and compensation amounts for primary creators, striving to increase program quality and form a pay structure system that links the pay of the creative personnel with the program's social and economic benefits.

Departments for radio and television shall make program production cost allocations, primary creator selection, and piece compensation an important measurement standard in efforts such as program evaluation and improvement and financial supports. Where program production cost allocation ratios and primary creator compensation amounts are clearly unreasonable and might impact the sustainable healthy development of the industry, the departments for radio and television shall conduct key regulation of matters such as content quality and practice qualifications for that program and the related production entities.

Article 20: Institutions and individuals engaged in program production and business activities or talent management activities shall collect, handle, and use the personal information of personnel engaged in the program production and business activities in accordance with law, and must not use misleading, fraudulent, coercive means etc. to handle personal information.

The program information provided to the public and other industry entities by institutions and individuals engaged in program production and business activities or talent management activities shall be truthful and accurate, and false or misleading publicity must not be conducted on program content, production costs, viewership rates, and so forth, tricking and misleading the public and other industry entities, and disrupting the normal order of the industry.

Article 21: The production of programs such as television or online shows on major revolutionary or historical topics or television movies on major theory documents shall be conducted in accordance with NRTA's relevant provisions.

Article 22: Radio and television broadcast institutions and online A/V program service institutions, and so forth must not broadcast programs produced by institutions that have not obtained a Radio and Television Program Production Business Permit or Radio and Television Broadcast Institution Permit; and must not broadcast television shows, television animation, and online shows that have not obtained distribution permits.

Article 23: The departments for radio and television of people's governments at the county level or above are to perform duties such as routine regulation and special inspections of program production and business activities in accordance with these provisions, and the relevant establishments and individuals shall cooperate.

The departments for radio and television of people's governments at the county level or above shall establish and improve systems for making complaints and reports on illegal conduct in program production business. All organizations and individuals have the right to make complaints and reports on conduct violating these provisions, and departments for radio and television that receive complaints and reports shall promptly investigate and handle them in accordance with law.

Chapter IV: Legal Responsibility

Article 24: Where articles 4, 6, 11, 16, or 21 of these Provisions are violated by unauthorized engagement in program production and business activities or television show production activities, the departments for radio and television of people's governments at the county level or above are to handle it in accordance with article 48 of the Regulations on the Administration of Radio and Television.

Article 25: Where these Provisions are violated by producing programs that contain the content prohibited in the first paragraph of article 18 of these Provisions, the departments for radio and television of people's governments at the county level or above are to handle it in accordance with article 49 of the Regulations on the Administration of Radio and Television.

Article 26: Where these Provisions are violated by broadcasting programs produced by entities that have not obtained a Radio and Television Program Production Business Permit or a Radio and Television Broadcast Institution Permit, or television shows produced by an entity that has not obtained a Television Show Production Permit, the departments for radio and television of people's governments at the county level or above are to handle in accordance with article 50 of the Regulations on the Administration of Radio and Television.

Article 27: Where these provisions are violated by any of the following conduct, the departments for radio and television of people's governments at the county level or above are to order corrections, give warnings, or circulate criticism, and may give a concurrent fine of between 10,000 and 100,000 RMB; where the circumstances are serious, directly responsible managers and other directly responsible personnel are to be given a fine of between 10,000 and 30,000 RMB;

(1) Where they knew or should have known that a program contained content prohibited by the first paragraph of article 18 of these Provisions still participated in program production and business, or provided talent management, publicity, or other services;

(2) Distributed programs containing content prohibited by the first paragraph of article 18 of these Provisions;

(3) Distributed programs produced by entities that have not obtained a Radio and Television Program Production Business Permit or a Radio and Television Broadcast Institution Permit, or television shows produced by an entity that has not obtained a Television Show Production Permit;

(4) Conducted false or misleading publicity on programs, tricking or misleading the public or other industry entities;

(5) Obtaining Radio and Television Program Production Business Permit or Television Show Production Permits through fraud, bribery, or other improper means;

(6) Altered, leased, sold, or forged Radio and Television Program Production Business Permits or Television Show Production Permits;

Where institutions exhibit the conduct provided for in item (5) of the preceding paragraph, the original approval organ shall revoke their permit in accordance with article 69 of the PRC Administrative Permitting Law.

Article 28: Where these provisions are violated by any of the following conduct, the departments for radio and television of people's governments at the county level or above are to order corrections, and give warnings where the corrections are refused, and may give a concurrent fine of between 10,000 and 30,000 RMB:

(1) program production business establishments fail to complete filing formalities for branch bodies within the time provided;

(2) The selection of primary creators is improper, causing a negative social impact.

Article 29: Where these Provisions are violated by institutions or individuals engaging in program production and business activities or talent management activities using misleading, deceptive, or coercive means etc. to collect, handle, or use personal information; the departments for radio and television of people's governments at the county level or above are to handle it in accordance with article 66 of the PRC Personal Information Protection Law.

Article 30: Where relevant institutions or individuals conceal relevant circumstances or provide false materials to the department for radio and television responsible for oversight inspections, or refuse to provide truthful materials on their activities, the departments for radio and television of people's governments at the county level or above are to order corrections, give warnings, and circulate criticism, and may give a concurrent fine of between 10,000 and 100,000 RMB.

Article 31: Departments for radio and television of people's governments at the county level or above may notify the departments in charge of fined or punished units, or units with the authority to punish them of the situation and submit recommendations on sanctioning or punishment of relevant personnel, and may enquire into the subsequent sanctions or punishment.

Chapter V: Supplementary

Article 32: These regulations are to take effect on XX/XX/XXXX. The "Regulations on the Administration of Radio and Television Program Production and Business" (Order No. 34 of the State Administration of Radio, Film, and Television) is concurrently repealed.

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