| Authors: |
Charles McCullagh
|
| Description: |
May08 |
| Tags: |
imported
|
| Abstract: |
Book Review
China’s Media & Entertainment Law (Vol. II)
Trans-Asia Lawyers
Reviewed by Charles McCullagh
Before your next (or first) trip to China you might want to take a
week and read a monument of a book—CHINA’S MEDIA & ENTERTAINMENT
LAW (VOL II) by Trans-Asia Lawyers, who seem well-connected to the
Chinese government and the China media scene.
Reading this book will probably take you the full week. It is in both
English and Chinese and weighs in at a whopping 1400 pages. Consider
yourself lucky that you need only read half the book.
In truth this monument is quite impressive. As expected it is very
thorough, covering everything from television to event management.
All applicable legislation appears to be included. My greatest praise
for the volume is that it is very readable and transparent. Credit
should be given to Helen Sunderland, Chief Editor, a graduate of
Bryn Mawr College and a lawyer who has worked in China for seven
years. Sunderland and her three managing editors appear to have pulled
of the impossible: making Chinese law and government regulations
understandable and at times even interesting.
The sheer breadth of this book underscores how seriously the Chinese
government is in controlling media. Even in a fast changing digital
world government officials have not met a media they cannot regulate.
Fifty years ago the only television station on Chinese television
was the state owned Beijing Television (later renamed China Central
Television—CCT) which remains strictly under Communist Party control.
Television
Today television is the largest media sector in China with approximately
2,000 channels broadcast throughout the country on more than 360
television stations. As CHINA’S MEDIA notes, “As nascent technologies,
such as Internet-based television (Internet Protocol Television or
IPTV) and mobile phone broadcasting advance, they are certain to
blur delimitations imposed by current regulations and industry practices.”
Foreign companies can participate in co-production, advertising and
infrastructure development but cannot be involved in the operation
of domestic stations. Piracy, intellectual property issues and operating
media in China as local utilities have hampered growth in this sector.
The hoped-for liberalization of Chinese media suffered a setback in
2005 when the government tightened the reins on media, including
television. The purported reason in what was termed a “smokeless
war” was the government’s effort to safeguard national cultural security
and prevent a cultural trade deficit against foreign influence in
China’s media. CHINA’S MEDIA notes that there was speculation that
officials were concerned foreign media companies wanted to spark
a “color revolution” similar to what occurred in the USSR.
While nothing in China is what it seems, there has been considerable
coverage—outside this book—on this very matter. The Financial Times
recently reported that issues relating to a perceived invasion of
foreign culture are worrisome to the Chinese. Zhu Wong of Beijing’s
State Administration of radio, Film, and Television complained openly
of the trade imbalance when it comes to cultural products such as
music and movies. He has a point. In 2005 3,000 overseas TV dramas
were bought by Chinese broadcaster and 10,000 minutes of cartoons—about
one third of the total broadcast. And yes, Mickey Mouse is the most
popular character. One can readily argue that the real villains are
the Chinese media companies who do not produce compelling content.
One reasons for the lack of compelling content might be the countless
pages of “Rules for the Administration of Television Dramas.” A television
program can’t offend the state, divulge state secrets, slander other
people, spread obscenities or superstition, or incite ethnic separation.
The authors surmise that it “would be surprising if the existing strict
censorship rules are not relaxed at or about the time of the Beijing
Olympics.” Some companies have not waited. Time Warner recently announced
that it would pull out of its Chinese joint-venture cinema theater
business because of tightened restrictions.
Print
According to CHINA’S MEDIA print media has been relied on and fiercely
guarded “by a succession of rulers from dynastic emperors to the
Communist party of China (CPC). The present regime has continued
to control all aspects of publishing and printing for the purposes
of disseminating state propaganda.” Until the 1990s Chinese publishers
pretty much operated as department of provincial and local governments
who financed them. Mandatory subscription schemes kept these magazines
in business. There was little or no concern for profitability, advertising,
competition and the needs of the readers.
China is paradox and the central paradox is this: the government wants
a robust media industry in a highly censorious environment. Equally
paradoxical, is that despite its onerous restrictions, the Chinese
government has had some success in opening up its media. In the last
decade domestic publishing has improved. Most international publishing
and media companies are doing business in China—there are some notable
exceptions. State publishing monopolies have been forced to compete.
The consolidation of twelve printing and publishing organizations
in 2002 to form the China Publishing Group gave the domestic market
more leverage.
China has approved more than 112 foreign investments in the printing
sector since the revision of Printing Regulations in 2001. This is
where China badly needs help and the government wants the money to
flow.
This book is worth buying just for the Regulations for the Administration
of Periodical Publications effective December 1, 2005. Some of the
regulations underscore how far China media development has yet to
travel: “The publication of periodicals shall continue to be guided
by the principles of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping
Theory.” In this spirit the focus should be on social and economic
benefits, the development of science and technology, and economic
and social progress.
While these principles obviously reflect government thinking, they
seem a long way from the competitive, energetic and somewhat anarchic
Chinese publishing scene.
CHINA’S MEDIA is the most comprehensive, up-to-date, and authoritative
book I have read on the subject. The writers and editors, while having
good access to government authorities, display a refreshing independence.
They are not reluctant to express a opinions on the consequences
of onerous regulations.
The book was made possible by the support of Time Warner, BPA Wordwide,
NBC Universal, The Motions Picture Association, IMG, MPA and others.
To order:
Email eshop@TransAsiaLawyers.com
Fax: (852) 2596-0834
TransAsia Publishing Ltd
Suite 1508, Central Building
1 Peddler Street, Central
Hong Kong
www.TransAsiaLawyers.com/mediabook |
@article{McCullagh-oa-CM&,
title = {China's Media \& Entertainment Law},
author = {Charles McCullagh},
journal = {Magazine Publishers of America},
year = {-oa-},
description = {May08},
abstract = {Book Review
China’s Media & Entertainment Law (Vol. II)
Trans-Asia Lawyers
Reviewed by Charles McCullagh
Before your next (or first) trip to China you might want to take a
week and read a monument of a book—CHINA’S MEDIA & ENTERTAINMENT
LAW (VOL II) by Trans-Asia Lawyers, who seem well-connected to the
Chinese government and the China media scene.
Reading this book will probably take you the full week. It is in both
English and Chinese and weighs in at a whopping 1400 pages. Consider
yourself lucky that you need only read half the book.
In truth this monument is quite impressive. As expected it is very
thorough, covering everything from television to event management.
All applicable legislation appears to be included. My greatest praise
for the volume is that it is very readable and transparent. Credit
should be given to Helen Sunderland, Chief Editor, a graduate of
Bryn Mawr College and a lawyer who has worked in China for seven
years. Sunderland and her three managing editors appear to have pulled
of the impossible: making Chinese law and government regulations
understandable and at times even interesting.
The sheer breadth of this book underscores how seriously the Chinese
government is in controlling media. Even in a fast changing digital
world government officials have not met a media they cannot regulate.
Fifty years ago the only television station on Chinese television
was the state owned Beijing Television (later renamed China Central
Television—CCT) which remains strictly under Communist Party control.
Television
Today television is the largest media sector in China with approximately
2,000 channels broadcast throughout the country on more than 360
television stations. As CHINA’S MEDIA notes, “As nascent technologies,
such as Internet-based television (Internet Protocol Television or
IPTV) and mobile phone broadcasting advance, they are certain to
blur delimitations imposed by current regulations and industry practices.”
Foreign companies can participate in co-production, advertising and
infrastructure development but cannot be involved in the operation
of domestic stations. Piracy, intellectual property issues and operating
media in China as local utilities have hampered growth in this sector.
The hoped-for liberalization of Chinese media suffered a setback in
2005 when the government tightened the reins on media, including
television. The purported reason in what was termed a “smokeless
war” was the government’s effort to safeguard national cultural security
and prevent a cultural trade deficit against foreign influence in
China’s media. CHINA’S MEDIA notes that there was speculation that
officials were concerned foreign media companies wanted to spark
a “color revolution” similar to what occurred in the USSR.
While nothing in China is what it seems, there has been considerable
coverage—outside this book—on this very matter. The Financial Times
recently reported that issues relating to a perceived invasion of
foreign culture are worrisome to the Chinese. Zhu Wong of Beijing’s
State Administration of radio, Film, and Television complained openly
of the trade imbalance when it comes to cultural products such as
music and movies. He has a point. In 2005 3,000 overseas TV dramas
were bought by Chinese broadcaster and 10,000 minutes of cartoons—about
one third of the total broadcast. And yes, Mickey Mouse is the most
popular character. One can readily argue that the real villains are
the Chinese media companies who do not produce compelling content.
One reasons for the lack of compelling content might be the countless
pages of “Rules for the Administration of Television Dramas.” A television
program can’t offend the state, divulge state secrets, slander other
people, spread obscenities or superstition, or incite ethnic separation.
The authors surmise that it “would be surprising if the existing strict
censorship rules are not relaxed at or about the time of the Beijing
Olympics.” Some companies have not waited. Time Warner recently announced
that it would pull out of its Chinese joint-venture cinema theater
business because of tightened restrictions.
Print
According to CHINA’S MEDIA print media has been relied on and fiercely
guarded “by a succession of rulers from dynastic emperors to the
Communist party of China (CPC). The present regime has continued
to control all aspects of publishing and printing for the purposes
of disseminating state propaganda.” Until the 1990s Chinese publishers
pretty much operated as department of provincial and local governments
who financed them. Mandatory subscription schemes kept these magazines
in business. There was little or no concern for profitability, advertising,
competition and the needs of the readers.
China is paradox and the central paradox is this: the government wants
a robust media industry in a highly censorious environment. Equally
paradoxical, is that despite its onerous restrictions, the Chinese
government has had some success in opening up its media. In the last
decade domestic publishing has improved. Most international publishing
and media companies are doing business in China—there are some notable
exceptions. State publishing monopolies have been forced to compete.
The consolidation of twelve printing and publishing organizations
in 2002 to form the China Publishing Group gave the domestic market
more leverage.
China has approved more than 112 foreign investments in the printing
sector since the revision of Printing Regulations in 2001. This is
where China badly needs help and the government wants the money to
flow.
This book is worth buying just for the Regulations for the Administration
of Periodical Publications effective December 1, 2005. Some of the
regulations underscore how far China media development has yet to
travel: “The publication of periodicals shall continue to be guided
by the principles of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping
Theory.” In this spirit the focus should be on social and economic
benefits, the development of science and technology, and economic
and social progress.
While these principles obviously reflect government thinking, they
seem a long way from the competitive, energetic and somewhat anarchic
Chinese publishing scene.
CHINA’S MEDIA is the most comprehensive, up-to-date, and authoritative
book I have read on the subject. The writers and editors, while having
good access to government authorities, display a refreshing independence.
They are not reluctant to express a opinions on the consequences
of onerous regulations.
The book was made possible by the support of Time Warner, BPA Wordwide,
NBC Universal, The Motions Picture Association, IMG, MPA and others.
To order:
Email eshop@TransAsiaLawyers.com
Fax: (852) 2596-0834
TransAsia Publishing Ltd
Suite 1508, Central Building
1 Peddler Street, Central
Hong Kong
www.TransAsiaLawyers.com/mediabook},
timestamp = {2008.05.30}, owner = {afeld}, __markedentry = {[afeld]},
keywords = {imported }
}
::