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| Category | CULTURE | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1997-08-11 | Effective Date | 1997-09-01 |
|
Regulations on Broadcasting and Television Administration |
|---|
Article 1 These Regulations are formulated for the purpose of enhancing
broadcasting and television administration, developing the cause of
broadcasting and television and promoting the building of socialist
spiritual civilization and material civilization.
Article 2 These Regulations shall be applicable to such activities as
the establishment of broadcasting stations and television stations and
gathering and editing, making, broadcasting and transmitting broadcasting
and television programmes within the territory of the People's Republic of
China.
Article 3 The cause of broadcasting and television should adhere to
the orientation of serving the people and socialism and persevere in
correct media guidance.
Article 4 The State develops the cause of broadcasting and television.
People's governments at or above the county level should integrate the cause
of broadcasting and television into national socio-economic development
plans and gradually increase input in the light of requirements and
financial resources to improve the coverage of broadcasting and television.
The State supports the development of the cause of broadcasting and
television in rural areas.
The State supports the nationalities autonomous areas and poor remote
regions in the development of the cause of broadcasting and television.
Article 5 The department of broadcasting and television administration
under the State Council shall be responsible for broadcasting and television
administration across the country.
The departments or agencies in charge of broadcasting and television
administration (hereinafter referred to as departments of broadcasting and
television administration) of local people's governments at or above the
county level shall be responsible for broadcasting and television
administration within their respective administrative areas.
Article 6 National societies for the broadcasting and television trade
shall practise self-disciplined management in accordance with their
constitutions and conduct activities under the guidance of the department
of broadcasting and television administration under the State Council.
Article 7 The State shall give rewards to units and individuals Article 8 The department of broadcasting and television administration The broadcasting stations and television stations referred to in these Article 9 Establishment of a broadcasting station or television station (1) having specialized personnel of broadcasting and television conforming (2) having technical equipment of broadcasting and television conforming (3) having necessary capital construction funds and stable fund guarantee; (4) having a necessary site. In addition to compliance of the qualifications listed in the preceding Article 10 Broadcasting stations and television stations shall be The State prohibits the establishment of foreign capital operated, Article 11 The central broadcasting station and television station shall The central educational television station shall be established by the Article 12 Engineering construction of broadcasting stations and Licences for broadcasting station and television station shall be issued Article 13 Changes in station names, station signs, programme scope or No broadcasting station or television station shall lease or transfer Article 14 Termination of a broadcasting station or television station A broadcasting station or television station which finds it necessary Article 15 The departments of broadcasting and television administration Examination and approval of establishment of cable broadcasting and Article 16 No unit or individual shall forcibly enter broadcasting Article 17 The department of broadcasting and television administration Construction of networks of broadcasting and television transmission The networks of broadcasting and television transmission coverage Article 18 The department of broadcasting and television administration Article 19 Establishment of broadcasting and television transmitting Article 20 Broadcasting and television transmitting stations and Frequencies, channels and bands of broadcasting and television Article 21 No broadcasting and television transmitting station and Article 22 Site selection, design, construction and installation of Construction of projects of the networks of broadcasting and television Article 23 Regional networks of cable broadcasting and television Plans and construction schemes for the regional networks of cable Only one regional network of cable broadcasting and television Article 24 No unit or individual shall broadcast any programme via a Article 25 Control and use of satellite space band resources for the Transmission of broadcasting and television programmes using the satellite Article 26 For installation and use of ground reception facilities for Article 27 Infringing on or occupying, gathering together to rob, Article 28 No unit or individual shall infringe on or occupy and Article 29 The departments of broadcasting and television administration Article 30 Broadcasting stations and television stations should run Article 31 Broadcasting and television programmes shall be made by Article 32 Broadcasting stations and television stations should improve (1) that which endangers the unity, sovereignty and territorial integrity (2) that which endangers state security, honour and interests; (3) that which instigates nationality separation or disrupts nationality (4) that which divulges state secrets; (5) that which slanders or insults others; (6) that which propagates obscenity, superstition or plays up violence; and (7) other contents prohibited under provisions of laws and regulations. Article 33 Broadcasting stations and television stations should conduct Article 34 Newscasts and television news should be true and just. Article 35 Establishment of a television opera production unit shall be Control measures for television opera production and broadcast shall be Article 36 Broadcasting stations and television stations should use Broadcasting stations and television stations should popularize the Article 37 Local broadcasting stations, television stations or Broadcasting and television stations set up by villages and townships Article 38 Broadcasting stations and television stations should Article 39 External films and television operas to be used for Broadcasting and television programmes to be provided to users abroad Article 40 The percentage of time of broadcasting external broadcasting Article 41 Import and relay of external broadcasting and television Article 42 Broadcast of advertisements by broadcasting stations and Broadcasting stations and television stations should broadcast non-profit Article 43 The department of broadcasting and television administration Article 44 Educational television stations should broadcast all types Article 45 Sponsorship of international or national exchanges and No unit or individual shall sponsor any exchange or transaction of Article 46 Broadcast and use of broadcasting and television programmes Article 47 Whoever, in violation of the provisions of these Establishment of a broadcasting and television transmitting station, or Article 48 Establishment of a broadcasting and television programme Article 49 Production, broadcasting and providing to users abroad of Article 50 Whoever, in violation of the provisions of these Regulations, (1) changing station name, station sign, the scope of programme set-up (2) leasing or transfer of broadcasting time bands; (3) relay or broadcast of broadcasting and television programmes in (4) broadcast of external broadcasting and television programmes or (5) broadcast of broadcasting and television programmes produced by units (6) broadcast of external films, television operas and other broadcasting (7) broadcast by an educational television station of programmes the (8) sponsoring of exchanges and transactions of broadcasting and Article 51 Whoever, in violation of the provisions of these Regulations, (1) leasing or transfer of frequencies and frequency bands, and (2) broadcast of self-sponsored programmes and insertion of advertisements (3) transmission of broadcasting and television programmes via the (4) import and relay of external broadcasting and television programmes (5) broadcast of programmes via a network of cable broadcasting and (6) engaging in project site selection, design, construction and (7) infringing on or occupying and interfering with special-purpose Article 52 Whoever, in violation of the provisions of these Regulations, Article 53 Departments of broadcasting and television administration Article 54 Broadcasting stations, television stations, educational Article 55 These Regulations shall come into force as of September 1,
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having made outstanding contributions to the development of the cause
of broadcasting and television.
Chapter II Broadcasting Stations and Television Stations
under the State Council shall be responsible for the formulation of the plan
for the establishment of broadcasting stations and television stations
nationwide and the determination of the aggregate, distribution and structure
of broadcasting stations and television stations.
Regulations mean agencies gathering and editing, making and broadcasting
broadcasting and television programmes via cable or wireless mode.
should fulfil the following qualifications:
to state provisions;
to state provisions;
and
paragraph, examination and approval of establishment of a broadcasting
station or television station should also conform to the state construction
plan for broadcasting and television and the technological development plan.
established by departments of broadcasting and television administration
of people's governments of counties and municipalities without subordinate
districts and above, among which educational television stations may be
established by departments of education administration of people's governments
of municipalities with subordinate districts and autonomous prefectures and
above. No other units or individuals shall establish broadcasting stations
and television stations.
Sino-foreign joint venture and Sino-foreign cooperative venture broadcasting
stations and television stations.
be established by the department of broadcasting and television administration
under the State Council. For the establishment of broadcasting stations and
television stations by localities, applications shall be filed by the
departments of broadcasting and television administration of people's
governments of counties and municipalities without subordinate districts
and above and upon the examination and consent of the people's governments
at the same level, submitted level by level and preparations for construction
may be undertaken only upon the examination and approval of the department
of broadcasting and television administration under the State Council.
department of education administration under the State Council, subject to
the examination and approval of the department of broadcasting and television
administration under the State Council. For establishment of educational
television stations by localities, applications shall be filed by the
departments of education administration of local people's governments of
municipalities with subordinate districts and autonomous prefectures and
above, submitted level by level upon gaining the consent of the department
of broadcasting and television administration at the same level and the
examination and approval of the people's government at the same level,
and preparations for construction may be undertaken only upon the examination
and approval of the department of broadcasting and television administration
under the State Council following the examination and verification of the
department of education administration under the State Council.
television stations the preparations for construction of which have been
approved should proceed in accordance with the construction procedures and
technological standards for broadcasting and television prescribed by the
State.
to those broadcasting stations and television stations the construction of
which has been completed upon examination by the department of broadcasting
and television administration under the State Council which finds them to
conform to the qualifications. Broadcasting stations and television stations
should make and broadcast programmes in accordance with such particulars
as the station name, station sign, programme scope and set number of
programmes specified in the licences.
set number of programmes of broadcasting stations and television stations
shall be subject to the approval of the department of broadcasting and
television administration under the State Council.
broadcasting time bands.
shall be submitted in accordance with the original examination and approval
procedures, and its licence shall be withdrawn by the department of
broadcasting and television administration under the State Council.
to suspend broadcasts owing to extraordinary circumstances should be
subject to the consent of the department of broadcasting and television
administration of the people's government at or above the provincial level;
a broadcasting station or television station the continuous stoppage of
broadcasting of which exceeds 30 days without approval shall be regarded as
termination and shall go through the relevant formalities pursuant to the
provisions of the preceding paragraph.
of people's governments at or above the county level of the localities shall
be responsible for the examination and verification of the establishment of
broadcasting and television stations by villages and townships therein, and
the examination and approval of which shall be handled in accordance with the
relevant provisions of the department of broadcasting and television
administration under the State Council.
television stations by organs, army units, societies, enterprises and
institutions shall be handled pursuant to the relevant provisions of the
State Council.
stations and television stations, or damage the installations of broadcasting
stations and television stations, or endanger their secure broadcasts.
Chapter III Networks of Broadcasting and Television Transmission
Coverage
under the State Council shall carry out unified planning on the coverage of
broadcasting and television transmissions across the country in accordance
with uniform state standards, and construction and development shall be
carried out at different levels. The departments of broadcasting and
television administration of local people's governments at or above the county
level should, pursuant to relevant state provisions, construct and manage
networks of broadcasting and television transmission coverage within their
respective administrative areas.
coverage including full exploitation of all kinds of existing resources of
public telecommunications of the state should ensure the quality and
unimpeded traffic of transmissions of broadcasting and television programmes.
referred to in these Regulations shall be composed of broadcasting and
television transmitting stations, relay stations (including differential
relay stations and reception relay stations, the same hereinafter),
broadcasting and television satellites, satellite up-link stations,
satellite reception and relay stations, microwave stations, monitoring
stations (posts) and networks of cable broadcasting and television
transmission coverage.
under the State Council shall be responsible for the designation and
allocation of frequencies of special-purpose channels and bands for
broadcasting and television and the verification and issuance of certificates
of designation and allocation of special-purpose frequencies.
stations, relay stations, microwave stations, satellite up-link
stations should, pursuant to relevant state provisions, go through
formalities of examination and approval at the radio control agencies of the
State, or the province, autonomous region and municipality directly under the
Central Government on the strength of the certificates of designation and
allocation of special-purpose frequencies issued by the department of
broadcasting and television administration under the State Council and obtain
radio station licences.
relay stations should transmit and relay broadcasting and television
programmes in accordance with the relevant provisions of the department
of broadcasting and television administration under the State Council.
transmitting stations and relay stations the use of which has been verified
and approved shall not be leased or transferred, and all technical
parameters already approved shall not be changed without authorization.
relay station shall broadcast self-sponsored programmes or insert
advertisements without authorization.
projects of the networks of broadcasting and television transmission coverage
should be handled pursuant to the relevant state provisions and undertaken
by units with acquisition of corresponding certificates of qualifications
according to law.
transmission coverage and the technical equipment of broadcasting and
television used therein should conform to state standards and trade
standards. Acceptance checks shall be organized by the departments of
broadcasting and television administration upon completion of the projects
which may be put into operation only upon passing the acceptance checks.
transmission coverage shall be set up and managed by the departments of
broadcasting and television administration of local people's governments at
or above the county level.
broadcasting and television transmission coverage shall be carried out upon
approval by the departments of broadcasting and television administration of
people's governments of the provinces, autonomous regions and municipalities
directly under the Central Government when submitted by the departments of
broadcasting and television administration of people's governments at the
county level or those of the municipalities with subordinate districts and
autonomous prefectures, or carried out upon approval by the department of
broadcasting and television administration under the State Council when
submitted by the departments of broadcasting and television administration of
people's governments of the provinces, autonomous regions and municipalities
directly under the Central Government.
transmission coverage shall be set up in the same administrative region. Cable
television stations shall be hooked up with the regional network of cable
television transmission coverage according to the plan.
network of cable broadcasting and television transmission coverage without
approval.
transmission of broadcasting and television programmes should conform to the
relevant state provisions.
mode by broadcasting stations or television stations should conform to the
requirements prescribed by the State and be subject to the examination,
verification and approval of the department of broadcasting and television
administration under the State Council.
satellite broadcast and television, an application for the acquisition of a
licence should, pursuant to the relevant state provisions, be submitted to the
department of broadcasting and television administration of the people's
government of the province, autonomous region or municipality directly under
the Central Government. Import of decipherer, depressurizers and other ground
reception facilities for satellite broadcast and television for external
satellite broadcasting and television programmes shall be subject to the
examination and approval of the department of broadcasting and television
administration under the State Council.
or destroying in other forms facilities of networks of broadcasting and
television transmission coverage by any unit or individual shall be
prohibited.
interfere with the special-purpose broadcasting and television frequencies,
or intercept the transmission of, interfere with or descramble
broadcast and television signals.
of people's governments at or above the county level should adopt diverse
forms of satellite transmission, radio relay, cable broadcast and cable
television to improve the rate of broadcasting and television coverage in
rural areas.
Chapter IV Broadcasting and Television Programmes
programmes according to the scope for the setting up of programmes approved by
the department of broadcasting and television administration under the State
Council.
broadcasting stations, television stations and broadcasting and television
programme production and marketing units the establishment of which has been
approved by the departments of broadcasting and television administration
of people's governments at or above the provincial level. No broadcasting
station or television station shall broadcast broadcasting and television
programmes produced by units without the acquisition of licenses for
broadcasting and television programme production and marketing.
the quality of broadcasting and television programmes, increase the number of
excellent Chinese programmes and ban the production and broadcast of
programmes containing any of the following contents:
of the country;
solidarity;
pre-broadcast censorship and rebroadcast censorship over the contents of
their respective broadcasting and television programmes pursuant to the
provisions of Article 32 of these Regulations.
subject to the approval of the department of broadcasting and television
administration under the State Council and a licence for television
opera production obtained before it may produce television operas.
formulated by the department of broadcasting and television administration
under the State Council.
standardized spoken and written languages.
common spoken Chinese in common use nationwide.
broadcasting and television stations should relay broadcasting and
television programmes pursuant to the relevant provisions of the department
of broadcasting and television administration under the State Council.
shall not run their own television programmes.
broadcast broadcasting and television programmes according to the advance
programme announcements; for necessity of changing or adjusting the original
programmes the advance announcements of which have been made, notices should
be given to the public in advance.
broadcast by broadcasting stations and television stations must be subject
to the examination and approval of the department of broadcasting and
television administration under the State Council. Other external
broadcasting and television programmes to be used for broadcast by
broadcasting stations and television stations must be subject to the
examination and approval of the department of broadcasting and television
administration under the State Council or its authorized agencies.
should be reported to the departments of broadcasting and television
administration of people's governments at or above the provincial level for
the record pursuant to relevant state provisions.
and television programmes and the total broadcast time of broadcasting and
television programmes by broadcasting stations and television stations shall
be determined by the department of broadcasting and television administration
under the State Council.
programmes via satellite and other modes by broadcasting stations and
television stations must be subject to the approval of the department of
broadcasting and television administration under the State Council.
television stations must not exceed the time prescribed by the department
of broadcasting and television administration under the State Council.
advertisements.
under the State Council may, under extraordinary circumstances, make a
decision to suspend the broadcast, change a particular programme or designate
the relay of a particular programme.
of educational and teaching programmes in accordance with the relevant state
provisions, and should not broadcast films or television films not related
to the contents of teaching.
transactions of broadcasting and television programmes should be subject to
the approval of the department of broadcasting and television administration
under the State Council and should be handled by designated units. Sponsorship
of regional exchanges and transactions of broadcasting and television
programmes should be subject to the approval of the department of
broadcasting and television administration of the people's government of the
province, autonomous region or municipality directly under the Central
Government of the locality wherein such activities are to be conducted,
and they shall be handled by designated units.
broadcasting and television programmes without approval.
having copyrights shall be handled pursuant to the provisions of the
Copyright Law of the People's Republic of China.
Chapter V Penalty Provisions
Regulations, establishes a broadcasting station, or a television station,
or an educational television station, or a network of cable broadcasting and
television transmission coverage, or a broadcasting and television station
without authorization shall be banned by the department of broadcasting and
television administration of the people's government at or above the county
level with its equipment for illegal activities confiscated and be imposed
a fine more than 100% and less than 200% of the total amount of investment.
a relay station, or a microwave station, or a satellite up-link
station shall be banned by the department of broadcasting and television
administration of the people's government at or above the county level with
its equipment for illegal activities confiscated and be imposed a fine more
than 100% and less than 200% of the total amount of investment; or it will be
penalized by the radio control agency pursuant to the relevant provisions
of state radio control.
production and marketing unit without authorization or making television
operas and other broadcasting and television programmes without authorization
in violation of the provisions of these Regulations shall be banned by the
department of broadcasting and television administration of the people's
government at or above the county level with its special-purpose tools,
equipment and programme carriers for illegal activities confiscated, and be
concurrently imposed a fine more than RMB 10,000 Yuan and less than RMB
50,000 Yuan.
programmes containing contents prohibited by the provisions of Article 32 of
these Regulations in violation of the provisions of these Regulations shall be
directed to stop the production, broadcasting and providing to users abroad
with its programme carriers surrendered and taken over, and be concurrently
imposed a fine more than RMB 10,000 Yuan and less than RMB 50,000 Yuan; where
the circumstances are serious, the original approval organ shall revoke its
licence; violators of public security provisions shall be penalized for
public security violations by the public security organ according to law;
where the offence constitutes a crime, criminal responsibilities shall be
investigated according to law.
commits any of the following acts shall be directed by the department of
broadcasting and television administration of the people's government at or
above the county level to stop the illegal activity, be administered a
warning with his/her illegal income confiscated and may concurrently
be imposed a fine less than RMB 20,000 Yuan; where the circumstances are
serious, the original approval organ shall revoke the licence:
and set number of programmes without approval;
violation of provisions;
advertisements in excess of the time prescribed;
without the acquisition of a production and marketing licence for
broadcasting and television programmes or broadcast of a television opera
produced by a unit without the acquisition of a production licence for
television operas;
and television programmes that have not been approved;
broadcast of which is prohibited under provisions of Article 44 of these
Regulations; and
television programmes without approval.
commits any of the following acts, shall be directed by the department of
broadcasting and television administration of the people's government at or
above the county level to stop the illegal activities, be administered a
warning with the illegal income and special-purpose tools and equipment for
illegal activities confiscated, and may concurrently be imposed a fine less
than RMB 20,000 Yuan; where the circumstances are serious, the original
approval organ shall revoke the licence:
changing without authorization technical parameters of broadcasting and
television transmitting stations and relay stations;
by broadcasting and television stations and relay stations without
authorization;
satellite mode without approval;
via satellite and other transmission modes without approval;
television transmission coverage without approval;
installation of a network of broadcasting and television transmission
coverage without approval; and
broadcasting and television frequencies, and intercepting transmissions of,
interfering with and descrambling broadcasting and television signals without
approval.
endangers the secure broadcast of a broadcasting station or a television
station, or destroys broadcasting and television facilities shall be
directed by the department of broadcasting and television administration
of the people's government at or above the county level to stop the illegal
activities; where the circumstances are serious, a fine of more than RMB
20,000 Yuan and less than RMB 50,000 Yuan shall be imposed; where infringement
has been caused, the infringer shall compensate the loss according to law;
where the offence constitutes a crime, the offender shall be investigated of
the criminal responsibility according to law.
and their functionaries that abuse power, neglect their duties and indulge
in self-seeking misconduct constituting criminal offences shall be
investigated of their criminal responsibilities according to law; those
whose offences do not constitute a crime shall be given administrative
sanctions according to law.
Chapter VI Supplementary Provisions
television stations, broadcasting and television transmitting stations,
relay stations and broadcasting and television programme production and
marketing units already established before the implementation of these
Regulations shall, within six months starting from the date of implementation
of these Regulations, renew the formalities of examination and verification
pursuant to the provisions of these Regulations; those which fail to conform
to the provisions of these Regulations shall be disbanded; county-level
educational television stations in existence may be amalgamated with
county-level television stations opening educational programme channels.
1997.
URL: http://www.asianlii.org/cn/legis/cen/laws/robata546