Internet Audiovisual Program Management Measures (Draft for solicitation of comments)

Source：http://www.chinalaw.gov.cn/article/cazjgg/201506/20150600399159.shtml

So as to strengthen management of the broadcast of audiovisual programs over the internet and other information networks, our bureau has drafted the "Management Measures for the Broadcast of Audiovisual Programs on the Internet and Other Information Networks" (Revision Draft for Solicitation of Comments) and hereby releases them to the public to solicit comments. The public may submit feedback and comments through the following channels and methods:

1. Log in to the Chinese Government's legal information network (http://www.chinalaw.gov.cn), and enter at the home page left side's:"System for soliciting comments on draft departmental regulations" andsubmit comments.

2. Send comments and suggestions to: fgs@chinasarft.gov.cn .

Send comments and suggestions by mail to Beijing Xicheng District, No. 2 Fuxingmen Avenue (Zip Code 100866) State administration for press, publication, radio, film and television; policy department.

4. Send comments and suggestions by fax: 010-86093288

Please notate the email, envelope or fax with "Feedback and Comments on the Management Measures for the Broadcast of Audiovisual Programs on the Internet and Other Information Networks"

The deadline for Comments and Feedback is June 30, 2015.

Managment Measures for the Broadcast of Audiovisual Programs on the Internet and Other Information Networks

(Draft Revisions for Soliciation of Comments)

Chapter I: General Provisions

Article 1: These Measures are formulated so as to regulate order for the broadcast of audiovisual programming on the internet and other information networks, to promote the healthy and orderly development of audiovisual programming broadcast services on the internet and other information networks, and to maintain the national and public interests and protect the lawful rights and interests of the public and industry organizations.

Article 2: These measures apply to content services, integrated broadcast control, transmission and other activities of services engaged in broadcast of audiovisual programming on the internet and other information networks.

Article 3: "Services broadcasting audiovisual programming services on the internet and other information networks" (hereinafter "online radio and televison services") refers to provision of radio and television service to the public using the internet (including cable and wireless networks), local area networks, or using the internet to establish virtual private networks as a transmission route, and using televisions, cellphones (including all kinds of handheld electronic devices) or other electronic equipment as terminals, including IPTV, Cellphone TV, and Internet Television.

Article 4: The State Council administrative department for press, publication, radio and television is responsible for national work on supervising and managing online radio and television services.

Administrative departments for press, publication, radio and television of people's governments at the county level are responsible for work on supervising and managing online radio and television services within that administrative region.

Article 5: Online radio and television service units are an important force in establishing network culture and bear responsibility for establishing a network culture with Chinese characteristics and for preserving network culture information security; and they shall conscientiously follow the Constitution, laws and administrative regulations to strengthen industry discipline, and provide high quality and reliable services.

Article 6: The development of online radio and televison services shall persist in serving the people and serving socialism, persist in a correct orientation, placing societal interest first and carrying forward the socialist core values, following socialist regulation of morality, and continuously embodying the ideological culture of contemporary development and societal improvement, striving to carry forward the ethnicity's exceptional traditional culture, providing more and better online radio and television services to satisfy the public's ever increasing desires, and continuously enriching the emotional and cultural lives of the public.

Public supervision of online radio and televison services is encouraged.
Chapter II: Setting up Online radio and television service units

Article 7: Those engaging in online radio and television services shall follow these Measures to obtaining "information network audiovisual programming broadcast permit" (hereinafter "Permit") issued by the administrative departments for press, publication, radio and television. Units and individuals that have not obtained a "permit" issued by the administrative departments for press, publication, radio and television, must not engage in online radio and television services.

The State Council administrative department for press, publication, radio and television formulates an operations guidance directory for online radio and television services.

Article 8: Units applying to engage in online radio and television services shall have the following requirements:

(2) Have a completed program safety broadcast management system and security protection measures;

(3) Have technological capacity, operations facilities, funding and relevant resources corresponding to their operations;

(3) Have technological capacity, operations facilities, funding and relevant resources corresponding to their operations;

(4) Have professional staff corresponding to their operations, and principle investors and operators who have no record of illegal or unlawful activity for 3 years prior to the application;

(5) a technical plan that complies with national and industry, and technological standards.

(6) complies with the overall plan, layout and operations guidance catalog for online radio and television services as determined by the State Council administrative departments for press, publication, radio and television,

(7) Complies with laws, administrative regulations and other requirements provided by the State.

Article 9: Those applying to engage in IPTV, Cellphone Television or internet television content services shall be radio and television broadcast institutions and central news organizations set up with approval from the State Council administrative department for press, publication, radio and television. Those applying to engage in IPTV, Cellphone Television or internet television content services shall also possess over 2000 hours of programming content stored, and at the same time have 30 or more professional program editting personnel.

Those applying to engage in IPTV, Cellphone Television or internet television integrated broadcast services shall be a provincial, autonomous region, or directly governed municipality level or higher radio and television broadcast establishments set up upon approval of the State Council administrative departments for press

Those applying to engage in IPTV, Cellphone Television or internet television distribution services shall be units possessing lawful basic network operations qualifications, have a definite degree of public basic information network facility resources, and the reputation and capacity to provide users with long-term services.

Article 10: Applications to engage in network television broadcast services shall be submitted through the provincial, autonomous region, or directly governed municipality people's governments' administrative departments for press, publication, radio and television to the State Council administrative departments for press, publication, radio and television; and units directly controlled by the central government may directly submit applications to the State Council administrative departments for press, publication, radio and television.

Provincial, autonomous region, or directly governed municipality people's governments' administrative departments for press, publication, radio and television shall issue preliminary investigation comments within 20 days of receiving an application, and report to the State Council administrative departments for press, publication, radio and television for approval: the State Council administrative departments for press, publication, radio and television shall make a decision to permit or not permit within 40 days of receiving an application or preliminary investigation comments, and of this, 20 days is for expert review. A "permit" is released to applicants that are given permission, and a public announcement made, where a permission is not given, the applicant shall be given written notice with the reasons explained. "The permit" shall indicate the type of online radio and television services operations, the content of the services, the network, the scope and coverage, and other such matters.

The effective period for permits is 3 years. At the completion of the effective period, where it is necessary to continue online radio and television services, formalities should be completed within 30 days of the completion of the effective period, by bringing materials meeting the requirements of articles 7 and 8 of these measures to the original issuing organ.

Article 11: Where online radio and television services units have major financial conduct or major asset fluctuations, such as changes in stockholders, ownership structures or going public, they shall first handle approval formalities in accordance with these measures.

Where the name, office location and legally-designated representative of online radio and television services units change, they shall file for the record with the original permit issuing organ 15 days before the change.

Article 12: Where online radio and television services units change the operations type, service content, transmission network, scope of coverage and other matters indicated on the "permit", as well as when adopting joint venture or cooperative models for developing operations, they shall first complete approval formalities in accordance with these Measures.

Article 13: Online radio and television services units shall provide services within 90 days of receiving a "permit". The original permit issuing organ will withdraw the "permit" of those that have not provided services on schedule. Where provision of services is delayed or suspended due to special reasons, it should be with the consent of the original permit issuing organ. Applications to terminate services should be reported to the original permit issuing organ 60 days in advance, and the original permit issuing organ will withdraw the "permit" . Where operations are stopped for more than 60 continuous days, the original permit issuing organ will handle it as a termination of operations and will withdraw the permit.

Chapter III: Regulation of Network Broadcast Television Services

Article 14: Online radio and television service units shall follow items specified in the "permit" to engage in online radio and television services.

Article 15: Units approved to engage in online radio and televisions content services are responsible for establishing and operating content service platforms, organizing and editing programs, and providing programming to users through integrated broadcast control platforms.

Article 16: Organizations approved to engage in online radio and television integrated broadcast control services are responsible for establishment and operation of integrated broadcast control platforms, including the uniform integration, broadcast and supervision control of programming, electronic program guides (EPG), user interface, fees, copyrights and other types of management.

Article 17: Online radio and television services units shall establish network information security management systems, safeguard systems, and emergency response mechanisms, to fulfil security safeguard obligations.

Online radio and television integrated broadcast control services units shall establish and complete systems for broadcast and control security administration, adopt technological security control and management measures, appoint specialized broadcast and control security personnel, and follow the State Council administrative departments for press, publication, radio and television's requirements regarding integration and broadcast control of radio and television programming. Online radio and television content services units's request for access for their programming signals must not be refused; and the programming signals broadcast by online radio and television content services units must not be clipped, retained or modified without authorization.

Article 18: Online radio and televison content services units shall choose a unit that has lawfully acquired online radio and television integrated broadcast control permits to provide access services.

Online radio and television integrated broadcast control units shall inspect the permit of online radio and television content services units before providing access.

Online radio and television transmission and distribution service units shall inspect the permit of online radio and television integrated broadcast control units before the online radio and television integrated broadcast control units provides transmission and distribution services.

Article 19: online radio and television content services units and integrated broadcast control units place the logo, name and permit number as approved by the State Council administrative departments for press, in a conspicuous place on the broadcast interface.publication, radio and television

Article 20: Online radio and television services units shall follow provisions and relevant standards for radio, film and television management to carry out a regulated linkage, and provide necessary technology and service assurances for the linkage.

Article 21: Programs broadcast by online television content broadcast service units shall comply with law, administrative regulations, and departmental rules, and must not not contain the following content:

(1) Violating the basic principles of the Constitution, instigating resistance or undermining the implementation of the Constitution, laws, administrative regulations and rules.

(2) Those that harm national unity, sovereignty and territorial integrity;

(3) Those revealing state secrets, endangering national security, or harming the nation's honor and interests;

(4) Those instigating ethnic hatred, ethnic discrimination, infringing on ethnic customs, hurting ethnic feelings, or undermining ethnic unity;

(5) Those contrary to the nation's policy on religions, promoting religions extremism or cults and superstitions, or discriminating against or insulting religious beliefs.

(6) Those disrupting social order or undermining social stability.

(7) Those promoting obscenity, gambling, violence, terrorism, drug use, instigating crimes or conveying criminal methods;

(8) Those insulting or defaming others;

(9) That endangering public morality or the ethnicity's exceptional cultural traditions.

(10) those infringing minors' lawful rights and interests or injuring minor's physical or psychological health;

(11) Other content prohibited by laws or administrative regulations or rules.

Article 22: Movies, television shows, cartoons, documentaries and other prorgrams broadcast by online radio and television content services units shall comply with nation provisions on the administration of radio, film and television. Current political events type audiovisual news programs broadcast by online radio and television content services units shall be news programs created and broadcast by radio or television stations at the local (municipal) level or above.

Article 23: Programs broadcast by online radio and television content services units shall be provided to users after going through the integrated broadcast control platform established by an online radio and television integrated broadcast control unit.

online radio and television services must not broadcast unlawful radio or television programs, and must not link to, aggregate, or integrate programming from units that have not acquired online radio and television content services approvals.

Article 24: online radio and television integrated broadcast control services unit are responsible for conducting supervisory control of programs broadcast by content services unit, and when it is discovered that programming containing content that violates these Measures has entered the integrated broadcast control platform, shall immediately switch off that program source, and report to the administrative departments for press, publication, radio and television.

Article 25: online radio and television content services units are responsible for reviewing whether the programming they provide complies with laws, administrative regulations and departmental rules, and conducting a pre-broadcast review. Online radio and television content services units should establish and complete program content management systems such as program reviews and secure broadcasting, and appoint professional program review personnel. Information such as the name, content summary, time of broadcast, duration and source of programming that is broadcast should be maintained for at least 60 days, and there should be active cooperation with competent authorities making inquiries. online radio and television content services units should immediately delete programs containing violations of these Measures and save relevant records, perform their reporting obligations and implement management requirements of the administrative departments for press, publication, radio and television.

Article 26: Online radio and television transmission services units shall follow relevant national management provisions on secure radio and television transmission to ensure online transmission security. Radio and television program signals and control signals such as electronic program guides (EPG), user side clients, billing and copyright signals issued by integrated broadcast control platforms must not be inter-cut, retained or modified without authorization.

Article 27: Technological systems and end products used for online radio and television services should comply with the requirements of radio, film and television standards. Units must not provide server trusteeship, network transmission, software and hardware technological support, collection charges or other services for units that have not obtained online radio and television services permits.

Article 28: Administrative departments for press, publication, radio and television at the provincial level or above shall establish and complete monitoring systems for online radio and television programming, establish systems for public supervision and reporting, and strengthen oversight and management of online radio and television services.

Online radio and television content services, integrated broadcast control, transmission and distribution units shall provide necessary signal access conditions for online radio and television program monitoring and control systems establsihed by the administrative departments for press, publication, radio and television.

Chapter IV: Legal Responsibility

Article 29: Where there is unauthorized engagement in online radio and television services , the administrative departments for press, publication, radio and television at the county level or above will give warnings and corrective orders and may give fines of up to 30,000 yuan; where the circumstances are serious, sanctions are given on the basis of article 47 of the "Radio and Television Administration Regulations"

Article 30: Where the content of programming broadcast by online radio and television content services units violates the provisions of these measures, the the administrative departments for press, publication, radio and television at the county level or above will give warnings and corrective orders and may give a fines of up to 30,000 yan; where the circumstances are serious, sanctions are given on the basis of article 49 of the "Radio and Television Administration Regulations".

Where the sources of programming broadcast by online radio and television content services units violates the provisions of these measures, the administrative departments for press, publication, radio and television at the county level or above will give warnings and corrective orders and may give a fines of up to 20,000 yuan; where the circumstances are serious, sanctions are given on the basis of article 50 of the "Radio and Television Administration Regulations".

Article 31: Where online radio and television services ohter than in accordance with the matters indicated on the permit, the administrative departments for press, publication, radio and television at the county level or above will give warnings and corrective orders and may give fines of up to 20,000 yuan; where the circumstances are serious, sanctions are givien on the basis of article 50 of the "Radio and Televison Administration Regulations"

Article 32: Where violations of these Measures exhibit any of the following conduct, the administrative departments for press, publication, radio and television at the county level or above will give warnings and corrective orders and may give fines of up to 20,000 yuan; where the circumstances are serious, sanctions are given on the basis of article 51 of the "Radio and Television Administration Regulations"

(1) Where online radio and television content services units choose units that have not obtained online radio and television integrated broadcast control permits to provide integrated broadcast control services, or directly provide [content] to users without going through a lawfully established uniform integrated broadcast control platform.

(2) Where online radio and television integrated broadcast control services unit refuse access requests of programming signals from online radio and television content services units or take clips, retain or make modifications to programming signals broadcast by online radio and television content services units without authorization.

(3) Where online radio and television transmission and distribution services units violate relevant national management provisions related to the secure transmission of radio and television, or take clips, retain or make modifications to radio or television programming signals and control signals sent by online radio and television integrated broadcast control platforms such as for electronic program guides (EPG), end user terminals, fees and copyright that are sent by online radio and television integrated broadcast control platforms, without authorization.

(4) Where online radio and television integrated broadcast control service units do not perform their duty to inspect the permit of online radio and television content services units before providing access.

(5) Where online television broadcast services units carry out regulated connections not in accordance with provisions on administration of radio and televion or relevant standards, or do not provide the necessary technical support and service safeguards.

(6) Where online radio and television transmission and distribution service units did not inspect the permit of online radio and television integrated broadcast control units before the online radio and television integrated broadcast control units provides transmission and distribution services.

Article 33: Where online radio and television services units exhibit any of the following conduct, the administrative departments for press, publication, radio and television at the county level or above will give warnings and corrective orders and may give fines of up to 30,000 yuan; at the same time warnings and fines of up to 20,000 yuan may be given to the principle investors and operators:

(1) Where approval formalities are not handled in accordance with these measures before major financial conduct or major asset fluctuations, such as changes in stockholders, ownership structures or going public;

(2) Where approval formalities are not handled in accordance with these measures before changing the operations type, service content, transmission network, scope of coverage and other matters indicated on the "permit", as well as when adopting joint venture or cooperative models for developing operations.

(3) Where systems such as for secure broadcast control, program review, secure broadcast, and secure transmission are not established and completed in accordance with these measures or professional security management personnel or program review personnel are not appointed.

(4) Where online radio and television content services units and integrated broadcast control units have not placed the logo, name and permit number in a conspicuous place on the broadcast interface.

(5) online radio and television content services units discover that programming contains violations of these measures but do not promptly delete it or do not maintain program broadcast information or do not actively cooperate with the competent authorities's inquiries or perform reporting obligations;

(6) When online radio and television services units discover that programming containing content that violates these Measures has entered the integrated broadcast control platform, but do not promptly switch off that program source, and report to the administrative departments for press, publication, radio and television.

(7) Where technological systems and end products used for online radio and television services do not comply with the requirements of radio, film and television standards.

(8) Where necessary signal access conditions are not provided for online radio and television program monitoring and control systems established by the administrative departments for press, publication, radio and television.

(9) Where online radio and television services units have three incidences of unlawful conduct within the same year.

(10) Where administrative departments for press, publication, radio and television's lawful conduct of oversight and inspection is refused, obstructed or delayed, or where there is fraud in the course of oversight and inspections.

(11) Where false proofs, documents or other methods were used to obtain a "Permit" by deceit.

Where there is conduct as in item (11), the issuing authority should revoke the permit.

Article 34: Where personnel of administrative departments for press, publication, radio and television abuse their power, or neglect duties, the responsible party will be given sanctions in accordance with law, and where a crime is constituted, the judicial organs will pursue criminal responsibility in accordance with law.

Article 35: These Provisions take effect on ___,___ 20__. The "Management Measures for the Broadcast of Audiovisual Programs on the Internet and Other Information Networks" released by the the State Administration of Radio Film and Television on June 15, 2004 ( State Administration of Radio Film and Television order No. 39) are abolished at the same time.