Abstract
SARFT, MII Co-Issue Online Video Regulation
Chinasarft.gov.cn, 12/29/07
China's State Administration of Radio, Film and Television (SARFT)
and Ministry of Information Industry (MII) have co-published the
new Regulations for Online Audio and Video Services, which will take
effect from January 31, 2008. The regulations cover the production,
editing, and aggregation of audio and video content and provision
to the public through both Internet and mobile networks.
The new regulation defines SARFT as the authority to administer, monitor,
and regulate the industry's development, while the MII, with authority
over the internet and mobile industry, will take related monitoring
responsibilities and provide a set of service guidelines.
All online audio and video service providers will be required to apply
for an Önline Audio-Visual Broadcasting License", key qualifications
for which include: being majority state-owned and possessing a comprehensive
program censoring system, legal program resources, legal funding
sources, and "standardized technology".
Companies involved in news broadcasting, or which provide service
under the name of a radio station or TV station, must also obtain
a Radio and TV Broadcasting License or a internet news information
service license. Broadcasting of content such as talk shows, interviews,
or independently-produced online dramas or films must also obtain
a Radio and TV Broadcasting Program Production License.
Application for all licenses can be made through local broadcasting
authorities, but final approval from SARFT will be required for issuance
of licenses. After obtaining an Önline Audio-Visual Broadcasting
License", the company must then apply for an Internet access license
from the MII (Editor's note: literally, a "Telecom Service Provider's
License" - a broad enough term to include what is likely an Internet
Content Provider's License for online video providers and a Wireless
Value-Added Service Provider's License for mobile video providers).
State-owned strategic investors are encouraged to invest in online
audio and video companies, while online audio and video providers
are encouraged to develop services based on leading edge Internet
and mobile internet technologies, and to broadcast public-service
content. TV and film production companies are encouraged to produce
content suitable for online broadcasting.
All content broadcast online must be kept available for at least 60
days. The following types of content are forbidden: that which damages
China's unity and sovereignty; harms ethnic solidarity; promotes
superstition; portrays violence, pornography, gambling, or terrorism;
violates privacy; damages China's culture or traditions; or violates
existing laws of China.
Unlicensed companies are not allowed to provide audio and video upload
services for individuals, and even licensed companies may not allow
individuals to upload news content. When providing upload services
of audio and video content, the service provider should remind users
not to upload content violating this regulation. No company or individual
is allowed to re-broadcast, link, or aggregate content from illegal
TV channels or illegal online audio and video sites.
Companies are required to delete any illegal content as soon as it
is found, keep a record thereof, and report the details to the relevant
authorities. Major shareholders and the online audio and video providers
are to be held accountable for content broadcast and uploaded on
their sites.
Any of the following violations of the regulations may result in a
warning from the broadcasting authorities and a penalty of up to
RMB 30,000:
- Provision of online audio and video services under any of the names
traditionally reserved for radio and TV broadcasting stations (Editor's
note: e.g. "XX TV Station" or "XX Radio Station") without approval.
- Changes to registered capital, shareholders, share holding structure,
IPO or major assets without approval.
- Failure to maintain a comprehensive program monitoring system, ensure
adequate copyright protection measures, or properly manage (i.e.
remind users not to upload, delete, report, and prevent spread of)
forbidden content.
- Failure to conspicuously display license number, logo, and company
name.
- Failure to keep broadcasting records and fulfill responsibility
to assist investigations by the authorities.
- Provision of fee collection, signal transmission, server hosting
or other related services to unlicensed companies.
- Provision of users information to a third party without user's agreement.
- Violation of any part of the regulations three times within the
same year.
- Obtaining the Online Audio-Visual Broadcasting License using fake
documents.
Companies which the broadcasting authority deems to be in serious
violation of these regulations will have their internet access shut
down and Internet access license cancelled by the telecommunications
authority.
Companies in severe violation of the regulations will be subject to
the above-mentioned penalty, and their major investors and business
operators will be forbidden from any further investment or involvement
in the online audio and video broadcasting sector for a period of
5 years.
Provision of online audio and video services via local area networks
(LAN) or virtual private networks (VPN) requires approval first from
the MII and then from SARFT.
Keywords: online video, regulation, MII, SARFT, license, Regulations
for Online Audio and Video Services, Online Audio-Visual Broadcasting
License, Internet, monitor, penalty, pornography, wireless
Description
May08
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