Laws of the People's Republic of China

the State Administration of Radio, Film and Television

Order of the State Administration of Radio, Film and Television

No. 42

Provisions on the Administration of Import and Broadcast of Overseas TV Programs, which were adopted at the executive meeting of the Administration on June 15, 2004, are hereby promulgated and shall come into force as of October 23, 2004.

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

September 23, 2004

Provisions on the Administration of Import and Broadcast of Overseas TV Programs

Article 1

With a view to regulating the administration on import and broadcast of overseas TV programs, promoting the Sino-foreign exchange in radio and television and satisfying the spiritual and cultural needs of the people, the present Provisions are formulated pursuant to the Ordinance on Administration of Radios and Televisions.

Article 2

The present Provisions shall apply to the import and broadcast of overseas TV programs. The "overseas TV programs" shall refer to overseas films, TV plays (TV cartoons) and other TV programs, such as cultural, scientific and cultural TV programs to be broadcasted by the TV stations.

No program of topicality news may be imported.

Article 3

The State Administration of Radio, Film and Television (hereinafter referred to as the SARFT) shall be responsible for the examination and approval of the import of overseas films and TV plays, and the import of other overseas TV programs through satellite transmission.

The provincial radio and television administrative departments shall, upon the entrustment of the SARFT, be responsible for the preliminary examination of the import of overseas films and TV plays within their respective jurisdictional areas, and the examination and approval of other overseas TV programs and the supervision on the broadcast of them.

The radio and television administrative departments at the prefecture (city) level shall be responsible for the supervision over the broadcast of overseas TV programs within their respective jurisdictional areas.

Article 4

Without examined and approved by the SARFT or by the radio and television administrative departments authorized by it, no one may import or broadcast any overseas TV program.

Article 5

The import of overseas films and TV plays, and the import of other overseas TV programs through satellite transmission shall be applied for by entities designated by the SARFT.

Article 6

The SARFT shall control and plan the total volume, themes and places of production of the to-be-imported overseas films and TV plays.

Article 7

The import of overseas films and TV plays, and the import of other overseas TV programs through satellite transmission shall accord with the overall planning of SARFT and meet the requirements of Article 15 of the present Provisions.

Article 8

To import an overseas film, TV play or any other TV program, the import entity shall file an application to the provincial radio and television administrative department.

Article 9

The applicant shall submit the following materials when applying for the import of an overseas film or TV play:

(1)

an Application for the Import of Overseas Films and TV Plays (The format of applications shall be uniformly formulated by the SARFT and shall be printed and produced for use by the provincial radio and television administrative departments);

(2)

the import contract (both in Chinese and the relevant foreign language);

(3)

the certification of copyright (both in Chinese and the relevant foreign language);

(4)

a complete set of Large1/2 video tapes with the pictures, sound and time code;

(5)

an abstract for each episode with at least 500 Chinese characters; and

(6)

captions both in Chinese and the relevant foreign language for the beginning and end of the film (TV play) identical with those in the sample video tape.

Article 10

The applicant shall submit the following materials when applying for the import of an overseas TV program (other than a film or TV play) through satellite transmission:

(1)

an Application for the Import of Other Overseas TV Programs (The format of applications shall be uniformly formulated by the SARFT and shall be printed and produced for use by the provincial radio and television administrative departments);

(2)

the import contract (both in Chinese and the relevant foreign language); and

(3)

the certification of copyright (both in Chinese and the relevant foreign language);

Article 11

After a provincial radio and television administrative department formally accepts an application for importing an overseas film or TV play, or any other overseas TV program through satellite transmission, it shall put forward detailed and clear opinions on the preliminary examination within the time limit as prescribed in the Administrative License Law, and submit them to the SARFT for examination and approval.

After formally accepting the application, the SARFT shall decide whether or not to approve the import within the time limit as prescribed in the Administrative License Law. For the examination on the import of an overseas film or TV play, the expert appraisal needs to be organized otherwise, and the time for appraisal shall be 30 days. If the SARFT approves the import, it shall issue the applicant a TV Play (TV Cartoon) Distribution License or give it a reply of approving the import of other overseas TV programs (other than films or TV plays) through satellite transmission. If it disapproves the import, it shall give the import entity a written notice and make an explanation.

Article 12

Where an import entity is approved of importing an overseas TV program (other than a film or TV play) through satellite transmission, it shall go through the relevant formalities for the License for Accepting TV Programs through Satellite Transmission upon the strength of the reply of the SARFT.

Article 13

Where a TV station at the prefecture (city) or province level applies for importing an overseas TV program (other than a film or TV play), it shall report to the provincial radio and television administrative department for examination and approval. If the TV program involves any significant or sensitive subject, the provincial radio and television administrative department shall report it to the SARFT for examination and approval.

Article 14

The applicant shall submit the following materials when applying for the import of an overseas TV program (other than a film or TV play):

(1)

an Application for the Import of Other Overseas TV Programs (The format of applications shall be uniformly formulated by the SARFT and shall be printed and produced for use by the radio and television administrative departments at the prefecture (city) level);

(2)

the opinions of the import entity on the content of the to-be-imported TV program;

(3)

the import contract (both in Chinese and the relevant foreign language); and

(4)

the certification of copyright;

After the provincial radio and television administrative department formally accepts the application, it shall make a decision within the time limit as prescribed in the Administrative License Law. If it approves the import, it shall issue corresponding approval documents to the applicant. If it disapproves the import, it shall give the entity as the examinee a written notice and make an explanation.

Article 15

The import entity shall strictly control the guidance and style of the to-be-imported overseas TV program, and ensure that its content be sound and well produced.

The overseas TV program may not contain any of the following contents:

(1)

opposing the basic principles determined by the Chinese constitution;

(2)

endangering the unity, sovereignty and territorial integrity of the state;

(3)

divulging state secrets, endangering state security or damaging the honor and interests of the state;

(4)

inciting hatred or discrimination among ethnic groups, undermining the solidarity among ethnic groups, or infracting ethnic customs or habits;

(5)

advocating evil religions and superstition;

(6)

disrupting social order and destroying social stability;

(7)

advocating obscenity, gambling or violence, or instigating crimes;

(8)

insulting or defaming others, and infringing upon others' legitimate rights and interests;

(9)

endangering the social morality or the excellent national culture and tradition; or

(10)

involving other contents in violation of the laws, administrative regulations or provisions of the state.

Article 16

The provincial radio and television administrative department shall, in the first week of each quarter, submit a report on the import of overseas TV programs (other than films and TV plays) of the previous quarter in its jurisdictional area to the SARFT for archival purpose.

Article 17

The overseas TV program (other than a film or TV play) imported upon approval shall be re-packed and re-edited. It may not be directly broadcasted as a set program at a fixed time slot.

The mark of the overseas channel or the picture with relevant words may not be shown in the program, nor may the program contain any advertisement publicizing the overseas media or channel and other similar contents.

Article 18

When a TV station broadcasts an overseas film or TV play, it shall indicate the serial number of the distribution license of the film or TV play. The time for broadcasting overseas films and TV plays per day by every television channel may not exceed 25% of the total time for broadcasting films and TV plays within the current day by this television channel. The time for broadcasting other overseas TV programs (other than films and TV plays) per day by a television channel may not exceed 15% of the total time for broadcasting within the current day by this television channel.

Without approval of the SARFT, no one may broadcast any overseas film or TV play during the prime time slot (19:00 - 22:00).

Article 19

Where anyone violates the present Provisions, he shall be punished in accordance with the Ordinance on the Management of Radio and Television. If any crime is constituted, the relevant criminal liabilities shall be investigated for in light of the law.

Article 20

The present Provisions shall come into force as of October 23, 2004. The Provisions on the Administration of Import and Broadcast of Overseas TV Programs (Order No. 10 of the Ministry of Radio, Film and Television) shall be simultaneously repealed.