Laws of the People's Republic of China

State Administration of Radio, Film and Television

Order of the State Administration of Radio, Film and Television

No.22

The Measures for the Administration of the Landing of Overseas Satellite Television Channels, which were approved by the executive meeting of this Administration on November 14, 2003, are hereby issued and shall go into effect on January 10, 2004.

Xu Guangchun, the Director of the State Administration of Radio, Film and Television

December 4, 2003

Measures for the Administration of the Landing of Overseas Satellite Television Channels

Article 1

The present Measures are formulated with a view of strengthening the administration of the landing of overseas satellite television channels.

Article 2

The present Measures shall be applicable to the administration of the landing of overseas satellite television channels within the People's Republic of China through satellite transmission.

Article 3

The State Administration of Radio, Film and Television (hereinafter referred to as SARFT) shall be in charge of the centralized administration of the landing of overseas television channels, and implement the system of examination and approval to the landing of foreign satellite television channels.

Article 4

Overseas satellite television channels may, upon approval of SARFT, land within the prescribed range, such as foreign-related hotels at the three-star level or above, and the foreign-related flats especially provided to foreigners as office or residence, and other specific ranges.

Article 5

an overseas satellite television channel to be landed in China shall satisfy the requirements as follows:

1)

The contents played shall not infringe the provisions of the laws, regulations and rules of China;

2)

The applicant is a legal television media in its home country (region);

3)

The applicant shall have the comprehensive strength to conduct mutually beneficial cooperation with the radio and television stations of China, and make an commitment and actively assist in the landing abroad of China's radio and television programs;

4)

The channel applying for landing and the institutions directly related thereto are friendly to China, and have established long and friendly exchange and cooperation relationship with China in the field of radio and television;

5)

The applicant shall agree that the programs of its channel should be transmitted by the institution designated by SARFT (hereinafter referred to as designated institution) in a unified way, and make an commitment not to land those programs within China through any other means;

6)

The applicant shall agree to entrust the designated institution to act as its agent to handle all the matters related to the landing within China.

Article 6

SARFT will make the examination and approval of the applications for landing of overseas satellite television channels once a year, between July and September.

Article 7

In principle, only one channel for each foreign satellite television institution may be permitted to land within the specific range. No news-oriented overseas satellite television channel shall be approved to land within China as a general principle. And no satellite television channel that is launched or jointly operated abroad by any domestic radio and television institution or any other relevant departments, organizations, enterprises or individuals shall be approved to land within China. For any special circumstances, the application shall be submitted to SARFT for special approval.

Article 8

To apply for the landing of a foreign satellite television channel, the applicant must first submit the application to the designated institution, fill in the Memorandum of Satellite Television Channels according to the requirements, and submit the certificates prescribed in Articles 5 and 7 herein and the reception devices such as decoders, etc. If the application documents are incomplete, the applicant shall supplement the lacking part within 14 days from the day of receiving the relevant notice, and shall be deemed as waiving the application automatically if failing to make supplementation within the said time limit. The designated institution shall, after receiving all of the application documents, submit the application to SARFT for the landing within China of the overseas satellite television channel for which it acts as an agent.

Article 9

In the case that SARFT approve the designated institution to negotiate with the overseas satellite television channel on the agency of the landing of its channel, if that overseas satellite television channel applies for landing for the first time, it shall negotiate on the relevant cooperation matters with the designated institution within 60 days; if it obtained the landing qualification in the last year, it shall make the negotiation within 45 days. If it fails to make the negotiation within the said deadline, it shall be deemed as waiving the application automatically.

SARFT shall grant approval for the landing of the foreign satellite television channel, if it satisfies the provisions in Articles 5 and 7 hereof.

Article 10

An overseas satellite television channel approved to land must comply with the relevant provisions of China on the administration of overseas satellite television.

Article 11

An overseas satellite television channel approved to land shall adjust the coverage of the original satellite signals in accordance with the requirements of the designated institution; perform the agreement signed with the designated institution; and may not carry out within China any promotion activities for the television channel, the brand thereof, and the relevant reception devices without permission.

Article 12

It is not permitted for an overseas satellite television channel approved to land to play any program containing any of the following contents:

1)

Those imperiling the unification of the state and the integrity of the sovereignty and territory of China;

2)

Those imperiling the state security of China, impairing the honor and interest of China, and divulging the state secrets of China;

3)

Those stirring up the splitting of nationalities, hatred and discrimination among the nationalities, undermining the solidarity of the nationalities, and infringing upon the customs and habits of the nationalities of China;

4)

Those endangering the social stability of China, advocating obscenity, violence, superstition, evil religions, and instigating commitment of crimes;

5)

Those defaming or insulting others and infringing upon the legal rights and interests of others;

6)

Those endangering the public morality of China and defaming the excellent cultural traditions of China; and

7)

Other contents that infringe the laws, regulations, and rules of China.

Article 13

Any of the following alterations to a foreign satellite television channel approved to land must be notified to and negotiate with the designated institution beforehand, and the designated institution shall report to SARTF:

1)

Alterations of the shareholding structure, management power, investors, and principal managers of the channel and the institutions directly related thereto;

2)

Alterations of the important matters specified in the Memorandum of Satellite Television Channels, such as the name of the channel, the type of the channel, the constitution of the program, the broadcasting languages, and the subtitles, etc.;

3)

Alterations of relevant technical parameters, such as whether the broadcasting signals are coded or not, the transmitting satellites and the coverage thereof, etc.

4)

Alterations of any of the contents involved in Articles 5 and 7 hereof.

If SARFT deems that a channel approved to land no longer satisfies the requirements provided for herein due to any of the alterations mentioned above, it may deal with the channel correspondingly or even disqualify that channel from landing.

Article 14

The administrative departments of radio and television at various levels shall administer the reception of relevant overseas satellite television channels in accordance with the Provisions on the Administration of Earth Reception Facilities for Satellite Television and Radio Programs (Order 129 of the State Council) and the relevant provisions.

Article 15

The designated institution shall assist the administrative department of radio and television to supervise the relevant acts and the contents played by the foreign satellite television channel for which it acts as an agent by taking necessary prevention and treatment measures, cooperate with SARFT in the relevant handling, and report in good time any problems that have been identified.

In the case that an overseas satellite television channel approved to land plays any contents that infringe Article 12 hereof, the designated institution shall immediately stop the transmission of the rule-breaking contents.

Article 16

In the case that an overseas satellite television channel approved to land infringes any provisions hereof, if the offence is minor, SARFT shall give it a warning and demand it to state the situation and make correction; if the offence is serious, SARFT shall suspend the transmission of the specific contents, and suspend or revoke the landing qualification of the relevant channel.

Article 17

In the case that an overseas satellite television channel approved to land has caused any negative effect, it shall, apart from accepting the corresponding treatments, eliminate such negative effect within the same dissemination range in accordance with the requirements of SARFT.

Article 18

The present Measures shall be referred to with respect to the administration of the overseas satellite television channels approved by SARFT to land within the specified areas within China.

Article 19

The present Measures shall go into effect on January 10, 2004. The Interim Measures for the Administration of the Examination and Approval of the Landing of Foreign Satellite Television Channels (Order No.8 of SARFT) shall be abolished at the same time.