Regulations on the Administration of Radio and Television
It was formulated in order to strengthen the management of radio and television, develop the radio and television industry, and promote the building of socialist spiritual and material civilization. Adopted by the 61st executive meeting of the State Council on August 1, 1997, and implemented by the State Council of the People's Republic of China on September 1, 1997; It is amended for the first time in accordance with the Decision of the State Council on Amending and Repealing Some Administrative Regulations on December 7, 2013, the second revision in accordance with the Decision of the State Council on Amending and Repealing Some Administrative Regulations on March 1, 2017, and the third revision in accordance with the Decision of the State Council on Amending and Repealing Some Administrative Regulations on November 29, 2020.
Chapter I: General Provisions
Article 1: These Regulations are formulated so as to strengthen the management of radio and television, to develop the radio and television industry, and to promote the building of socialist spiritual and material civilizations.
Article 2: These Regulations apply to activities such as the establishment of radio and television stations within the territory of the People's Republic of China and the collection, editing, production, broadcasting, and transmission of radio and television programs.
Article 3: The radio and television industry shall adhere to the orientation of serving the people and socialism, and adhere to the correct guidance of public opinion.
Article 4: The State develops the radio and television industry. People's governments at the county level or above shall include radio and television in their national economic and social development plans, and gradually increase investment as needed and with financial resources, to increase radio and television coverage.
The State supports the development of radio and television in rural areas. The State supports the development of radio and television undertakings in ethnic autonomous areas and remote and impoverished areas, Article 5: The administrative department for radio and television under the State Council is responsible for the nation's radio and television management efforts. The departments or institutions of local people's governments at the county level or above responsible for radio and television administrative management (hereinafter collectively referred to as radio and television administrative departments) are responsible for radio and television management within their respective administrative regions. Article 6: Social groups in the national radio and television industry are to carry out self-discipline management in accordance with their charters, and carry out activities under the guidance of the State Council's administrative department for radio and television. Article 7: The state is to give awards to units and individuals that have made notable contributions to the development of the radio and television industry. Chapter II: Radio and Television Stations Article 8 The administrative department for radio and television under the State Council is responsible for formulating plans for the establishment of national radio and television stations, and determining the total number, layout, and structure of radio and television stations.
"Radio and television stations" as used in these Regulations refers to institutions that collect, edit, produce, and broadcast radio and television programs through cable or wireless means.
Article 9: The establishment of radio and television stations shall meet the following requirements: (1) There are radio and television professionals who meet state provisions; (2) Have radio and television technical equipment that conforms to state provisions; (3) Have the necessary capital construction funds and stable financial guarantees; (4) There is a necessary place.
In addition to the requirements listed in the preceding paragraph, examination and approval of the establishment of radio and television stations shall also conform to the state's radio and television construction plan and technical development plan.
Article 10: Radio and television stations are to be established by the administrative departments for radio and television of the people's governments at or above the county level or cities not divided into districts, of which educational television stations may be established by the administrative departments for education of the people's governments of cities divided into districts or autonomous prefectures or above. No other unit or individual may set up a radio or television station.
The State prohibits the establishment of foreign-invested radio and television stations.
Article 11: Central radio and television stations are to be established by the State Council's administrative department for radio and television. Where a local government establishes a radio or television station, the administrative department for radio and television of the local people's government at or above the county or city level without districts shall submit an application, and after the people's government at the same level reviews and agrees, it shall be reported to the next level, and the establishment may only be prepared after the review and approval of the administrative department for radio and television under the State Council.
The central educational television station shall be established by the education administrative department of the State Council and shall be submitted to the radio and television administrative department of the State Council for review and approval. Where a local educational television station is established, the administrative department for education of the local people's government at or above the level of a city divided into districts or autonomous prefecture shall submit an application, and after obtaining the consent of the administrative department for radio and television at the same level and after being reviewed and approved by the people's government at that level, it shall be reported to the level by level, and shall be reviewed and approved by the administrative department for education under the State Council and approved by the administrative department for radio and television under the State Council before it can be established.
Article 12: Radio and television stations that have been approved for construction shall carry out project construction in accordance with the construction procedures and technical standards for radio and television as prescribed by the State.
Completed radio stations and television stations that meet the requirements after examination by the State Council's administrative department for radio and television shall be issued licenses for radio and television stations. Radio and television stations shall produce and broadcast programs in accordance with matters such as the station name, station logo, scope of program settings, and number of program sets indicated in the permit.
Article 13: Where a radio station or television station established by the administrative department for radio and television of a people's government divided into districts or autonomous prefecture or above, or a television station established by the administrative department for education of a people's government divided into districts or an autonomous prefecture or above, changes the name, scope of program settings, or number of program sets, or a radio station or television station established by the administrative department for radio and television of a people's government at or above the provincial level, or a television station established by the administrative department for education of a people's government at or above the provincial level, it shall be subject to the approval of the administrative department for radio and television under the State Council. Where radio stations or television stations established by the administrative departments for radio and television of people's governments of counties or cities without districts change their names, the scope of program settings, or the number of program sets, they shall be subject to the approval of the administrative departments for radio and television of provincial-level people's governments.
Radio and television stations must not lease or transfer broadcast time slots.
Article 14: Where radio or television stations are terminated, they shall be declared in accordance with the original approval procedures, and their licenses are to be withdrawn by the State Council administrative department for radio and television.
Where radio or television stations need to temporarily stop broadcasting due to special circumstances, they shall obtain the consent of the administrative departments for radio and television of people's governments at the provincial level or above; Where broadcasting is stopped for more than 30 consecutive days without approval, it is viewed as a termination, and the relevant formalities shall be completed in accordance with the provisions of the preceding paragraph.
Article 15: Where townships or towns set up radio and television stations, the administrative department for radio and television of the people's government at the county level or above where they are located is responsible for reviewing and approving them, and is to review and approve them in accordance with the relevant provisions of the administrative department for radio and television under the State Council.
Where organs, troops, groups, enterprises, and public institutions set up cable radio and television stations, they shall be examined and approved in accordance with the relevant provisions of the State Council.
Article 16: No unit or individual may attack radio or television stations, damage the facilities of radio stations or television stations, or endanger their safe broadcasting.
Chapter III: Radio and Television Transmission Coverage Networks
Article 17: The administrative department for radio and television under the State Council shall carry out unified planning for the national radio and television transmission coverage network in accordance with the nation's uniform standards, and carry out hierarchical construction and development. The administrative departments for radio and television of local people's governments at the county level or above shall, in accordance with relevant state provisions, establish and manage radio and television transmission coverage networks within their respective administrative regions.
The establishment of a radio and television transmission coverage network, including making full use of the state's existing public communications and other network resources, shall ensure the quality and smooth transmission of radio and television programs.
"Radio and television transmission coverage network" as used in these Regulations is composed of radio and television transmitters, relay stations (including differential transfer stations, receiving and forwarding stations, the same below), radio and television satellites, satellite uplink stations, satellite receiving and forwarding stations, microwave stations, monitoring stations (stations), and cable radio and television transmission coverage networks.
Article 18: The administrative department for radio and television under the State Council is responsible for assigning frequencies in the frequency bands dedicated to radio and television, and for issuing certificates for the assignment of special frequency bands. Article 19 The establishment of radio and television transmitters, relay stations, microwave stations, and satellite uplink stations shall, in accordance with the relevant provisions of the State, go through the examination and approval formalities with the radio administration agency of the State or the radio and television administration of a province, autonomous region, or municipality directly under the Central Government, and obtain a radio station license with the certificate of special frequency assignment issued by the radio and television administrative department under the State Council. Article 20: Radio and television transmitters and relay stations shall transmit and retransmit radio and television programs in accordance with the relevant provisions of the State Council administrative department for radio and television.
Radio and television transmitters and rebroadcasters must not lease or transfer the frequencies and frequency bands that have been approved for use, and the approved technical parameters must not be changed without authorization.
Article 21: Radio and television transmitters and relay stations must not broadcast their own programs or insert advertisements without authorization. Article 22: The site selection, design, construction, and installation of radio and television transmission coverage networks shall be handled in accordance with relevant state provisions, and shall be undertaken by units that have obtained corresponding qualification certificates in accordance with law.
The construction of radio and television transmission coverage networks and the use of radio and television technical equipment shall conform to national standards and industry standards. After the completion of the project, the administrative department of radio and television shall organize the acceptance, and only if the acceptance is qualified, can it be put into use.
Article 23: Regional cable radio and television transmission coverage networks are to be established and managed by the administrative departments for radio and television of local people's governments at the county level or above.
Plans for the planning and construction of regional cable radio and television transmission coverage networks are to be implemented by the administrative departments for radio and television of the people's governments at the county level or of the people's governments of cities divided into districts or autonomous prefectures after reporting to the administrative departments for radio and television of the people's governments of provinces, autonomous regions, or municipalities directly under the Central Government for approval, or by the administrative departments for radio and television of the people's governments of provinces, autonomous regions, or municipalities directly under the Central Government after reporting to the administrative departments for radio and television under the State Council for approval.
Only one regional cable radio and television transmission coverage network can be established in the same administrative region. Cable television stations shall be networked with regional cable television transmission coverage networks in accordance with the plan.
Article 24: Without approval, no unit or individual may use cable radio and television transmission coverage networks to broadcast programs without authorization. Article 25: The management and use of satellite space segment resources for the transmission of radio and television programs shall comply with relevant State provisions.
Radio and television stations using satellite means to transmit radio and television programs shall comply with the requirements provided by the state and be reviewed and approved by the State Council's administrative department for radio and television.
Article 26: The installation and use of satellite radio and television ground reception facilities shall be in accordance with relevant state provisions to apply for a license from the administrative department for radio and television of the people's government of the province, autonomous region, or municipality directly under the Central Government. The import of overseas satellite radio and television program decoders, decompressors, and other satellite radio and television ground receiving facilities shall be subject to review and approval by the administrative department for radio and television under the State Council. Article 27: It is forbidden for any unit or individual to occupy, plunder, or otherwise destroy the facilities of radio and television transmission coverage networks. Article 28: No unit or individual may encroach upon or interfere with the special frequency for radio and television, and must not intercept, interfere with, or disrupt radio and television signals without authorization. Article 29: The administrative departments for radio and television of people's governments at the county level or above shall employ a variety of methods such as satellite transmission, wireless transmission, cable broadcasting, and cable television to increase the coverage of radio and television in rural areas.
Chapter IV: Radio and Television Programs Article 30: Radio and television stations shall operate programs in accordance with the scope of program settings approved by the State Council's administrative department for radio and television. Article 31: Radio and television programs are to be produced by radio and television stations, and radio and television program production and business units approved and established with the approval of the administrative departments for radio and television of people's governments at the provincial level or above. Radio stations and television stations must not broadcast radio and television programs produced by units that have not obtained a radio or television program production or business license. Article 32: Radio and television stations shall improve the quality of radio and television programs, increase the number of excellent domestic programs, and prohibit the production or broadcast of programs containing the following content: (1) endangering national unity, sovereignty, and territorial integrity; (2) endangering the security, honor, and interests of the state; (3) Inciting ethnic separatism or undermining ethnic unity; (4) divulging state secrets; (5) Slandering or insulting others; (6) Advocating obscenity, superstition, or exaggerating violence; (7) Other content prohibited by laws and administrative regulations. Article 33: Radio and television stations shall conduct a pre-broadcast review and rebroadcast re-examination of the content of radio and television programs they broadcast in accordance with the provisions of article 32 of these Regulations. Article 34: Radio and television news shall be truthful and fair. Article 35: The establishment of television drama production units shall be upon approval by the State Council administrative department for radio and television, and television drama production permits may only be produced after obtaining a television drama production permit.
Measures for the management of the production and broadcast of television dramas are to be formulated by the State Council's administrative department for radio and television.
Article 36: Radio and television stations shall use standardized spoken and written languages.
Radio and television stations shall promote the use of Mandarin throughout the country.
Article 37: Local radio stations, television stations, or radio and television stations shall retransmit radio and television programs in accordance with the relevant provisions of the State Council administrative department for radio and television.
Radio and television stations set up by townships and towns must not run their own television programs.
Article 38: Radio and television stations shall broadcast radio and television programs in accordance with program notices; Where it is truly necessary to replace or adjust the original preview program, an announcement shall be made to the public in advance. Article 39: Foreign films and television dramas used for broadcast by radio and television stations must be reviewed and approved by the State Council's administrative department for radio and television. Other foreign radio and television programs used for broadcast by radio and television stations must be reviewed and approved by the State Council's administrative department for radio and television or an agency authorized by them.
Radio and television programs provided abroad shall be filed with the administrative departments for radio and television of people's governments at the provincial level or above in accordance with relevant state provisions.
Article 40: The proportion of the time that radio and television stations broadcast foreign radio and television programs to the total broadcast time of radio and television programs is to be prescribed by the administrative department for radio and television under the State Council. Article 41: Radio and television stations importing or rebroadcasting foreign radio and television programs by means of satellite or other means of transmission must obtain the approval of the State Council administrative department for radio and television. Article 42: Radio and television stations must not broadcast advertisements for more than the time provided for by the State Council administrative department for radio and television.
Radio and television stations shall broadcast public interest advertisements.
Article 43: Under special circumstances, the State Council's administrative department for radio and television may make a decision to stop broadcasting, replace specific programs, or designate specific programs to be rebroadcast. Article 44: Educational television stations shall broadcast all types of educational and teaching programs in accordance with relevant state provisions, and must not broadcast films or television programs that are unrelated to the teaching content. Article 45: The organization of international radio and television program exchange and trading activities shall be upon the approval of the State Council administrative department for radio and television, and shall be undertaken by designated units. The holding of domestic regional radio and television program exchange and trading activities shall be upon the approval of the administrative department for radio and television of the people's government of the province, autonomous region, or directly governed municipality where the event is held, and shall be undertaken by the designated unit. Article 46: The broadcast and use of copyrighted radio and television programs shall be handled in accordance with the provisions of the "Copyright Law of the People's Republic of China."
Chapter V: Penalties
Article 47: Where the provisions of these Regulations are violated by setting up radio stations, television stations, educational television stations, cable radio and television transmission coverage networks, or radio and television stations without authorization, the administrative departments for radio and television of people's governments at the county level or above are to ban them, confiscate the equipment for engaging in illegal activities, and impose a fine of between 1 and 2 times the total amount of investment.
Unauthorized establishment of broadcasting telecommunications