(Adopted at the 61^st Executive Meeting of the, State Council on August 1, 1997, promulgated by Decree No. 228 of the State Council of the People' s Republic of China on August 11, 1997, and effective as of September 1, 1997)

Chapter I General Provisions

Article 1 These Regulations are formulated for the purpose of enhancing radio and television administration and developing the radio and television undertakings so as to promote socialist material cultural and ethical progress.

Article 2 These Regulations apply to such activities as establishing radio and television stations, and collecting, editing, producing, broadcasting and transmitting radio and television programs within the territory of the People's Republic of China.

Article 3 Radio and television undertakings shall be oriented of toward serving the people and socialism and guiding public opinion in a correct way.

Article 4 The State promotes the development of radio and television undertaking. The people's governments at or above the county level shall incorporate radio and television undertakings into plans for national economic and social development and shall gradually increase input, based on need, and financial resources, to expend the coverage of radio and television broadcasting.

The State supports the development of radio and television undertakings in the rural areas.

The State aids the development of radio and television undertakings in national autonomous regions and outlying or impoverished areas.

Article 5 The administrative department for radio and television of the State Council is responsible for radio and television administration throughout the country.

The departments or agencies which are responsible for radio and television administration (hereinafter referred to as the administrative departments for radio and television) under the local people's governments at or above the county level shall be responsible for radio and television administration within their respective administrative regions.

Article 6 Nationwide social organizations in radio or television shall practice self-disciplined management according to their own articles of association and conduct activities under the guidance of the administrative department for radio and television of the State Council.

Article 7 The State rewards units or individuals that make remarkable contributions to the development of radio or television undertakings.

Chapter II Radio Stations and Television Stations

Article 8 The administrative department for radio and television of the State Council is responsible for working out national plans for the establishment of radio and television stations and deciding on the number, layout and stations of radio and television stations.

The radio and television stations as mentioned in these Regulations refer to institutions that collect, edit, produce and broadcast radio or television programs through wired or wireless transmission.

Article 9 The establishment of a radio or television station shall meet the following conditions:

(1)   have professionals in the field of radio or television who are qualified according to the provisions of the State;

(2)   possess technical equipment for radio or television which conforms to the provisions of the State;

(3)   have essential funds for capital construction and reliable source of funding; and

(4)   have the requisite premises.

Examination and approval of the establishment of a radio or television station shall conform to the State plans for radio and television development and the plans for technological advancement in addition to the conditions listed in the preceding paragraph.

Article 10 Radio or television stations shall be established by the administrative departments for radio and television under the people's governments at or above the county level or at or above the level of a city not divided into districts, and educational television stations may be established by the administrative departments for education under the people's governments at or above the level of a city divided into districts or an autonomous prefecture. No other unit or individual may establish any radio or television station.

The State prohibits the establishment of radio or television stations in the form of foreign-funded enterprises, Chinese-foreign equity joint ventures or Chinese-foreign cooperative joint ventures.

Article 11 The central radio or television station shall be established by the administrative department for radio and television of the Stare Council. If a local radio or television station is to be established, an application shall be made by the administrative department for radio and television under the local people's government at or above the county level or at or above the level of a city not divided into districts; upon approval by the local people's government at the corresponding level through examination, the application shall be submitted upward level by level for approval and shall finally be examined and approved by the administrative department for radio and television of the State Council before the preparations for construction are undertaken.

The central educational television station shall be established by the administrative department for education of the State Council with examination and approval by the administrative department for radio and television of the State Council. If a local educational television station is to be established, an application shall be made by the administrative department for education under the local people's government at or above the level of a city divided into districts or an autonomous prefecture; after obtaining approval from the administrative department for radio and television and the local people's government at the same level upon examination, the application shall be submitted upward level by level for approval until it is finally examined by the administrative department for education and examined and approved by the administrative department for radio television of the State Council before the preparations for construction are undertaken.

Article 12 A radio or television station the establishment of which is approved shall be constructed according to the construction procedures and the technical standards for radio and television stipulated by the State.

The radio or television station that has been constructed shall be issued a license for radio or television station upon confirmation as up to the requirements by the administrative department for radio and television of the State Council. The radio or television station shall produce and broadcast programs in conformity with the station name, logo, scope of programs, number of channels and other particulars specified in the license.

Article 13 Alteration of the name, logo, scope of programs or number of channels of a radio or television station shall be subject to the approval of the administrative department for radio and television of the State Council.

No radio or television station may rent out or transfer broadcast time to others.

Article 14 Termination of a radio or television station shall be reported according to the original procedures for examination and approval and the license shall be reclaimed by the administrative department for radio and television of the State Council.

If a radio or television station needs to suspend its broadcast due to special circumstances, approval shall be obtained from the administrative department for radio and television under the local people's government at or above the provincial level; if suspension of broadcast continues for more than 30 consecutive days without approval, it shall be deemed a termination and the relevant procedures shall be completed according to the provisions of the preceding paragraph.

Article 15 The establishment of a radio or television rebroadcast station in a township or town shall be examined by the administrative department for radio and television under the local people's government at or above the county level and shall be subject to the approval according to the relevant provisions of the administrative department for radio and television of the State Council.

The establishment of cable radio stations or cable television stations by organs, military units, social organizations, enterprises or institutions shall be subject to the examination and approval according to the relevant provisions of the administrative department for radio and television of the State Council.

Article 16 No unit or individual may forcibly enter a radio or television station, or damage the facilities of a radio or television station, or endanger the safety of broadcast.

Chapter III Transmission Networks for Radio and Television Coverage

Article 17 The administrative department for radio and television of the State Council shall plan national transmission networks for radio and television coverage in a unified way according to unified standards of the State and the networks shall be constructed and developed at different levels. The administrative departments for radio and television under the local people's governments at or above the county level shall, according to the relevant provisions of the State, organize and administer local transmission networks for radio and television coverage within their respective administrative regions.

In organizing and constructing transmission networks for radio and television coverage, including making full use of existing various national network resources such as public communications networks, the quality and the smooth transmission of radio or television programs shall be guaranteed.

The transmission network for radio and television coverage as mentioned in these Regulations includes radio or television transmitting stations, relay stations (including transpose stations and relay stations, similarly hereinafter), radio or television broadcast satellite, satellite uplink stations, satellite downlink and relay stations, micro-wave stations, monitoring and testing stations, and cable radio and television transmission networks, etc.

Article 18 The administrative department for radio and television of the State Council shall be in charge of assigning frequencies within specified frequency bands for radio or television broadcast and examining and issuing certificates for the assigned frequencies.

Article 19 Whoever establishes a radio or television transmitting station, relay station, micro-wave station or satellite uplink station shall, according to the relevant provisions of the State, present the certificate for the assigned frequencies issued by the administrative department for radio and television of the State Council and undergo the procedure of examination and approval at the radio administration agency of the State, or the province, autonomous region or municipality directly under the Central Government to obtain a license for a radio station.

Article 20 Any radio or television transmitting station or relay station shall transmit and relay radio or television programs in accordance with the relevant provisions stipulated by the administrative department for radio and television of the State Council.

No radio or television transmitting station or relay station may rent out or transfer any frequency or frequency band that have been examined and approved for use, nor may it alter any approved technical parameter without authorization.

Article 21 No radio or television transmitting station or relay station may broadcast self-produced programs or insert advertisements therein without authorization.

Article 22 The siting, design, construction and installation of a transmission network for radio and television coverage shall be conducted according to the relevant provisions of the State and undertaken by units that possess corresponding certificates of qualifications according to law.

The construction of a transmission network for radio and television coverage and the radio or television technical equipment used therein shall meet both national and Industrial sector standards. Upon the completion of the construction project, the administrative department for radio and television shall organize acceptance checks and only those which have been accepted as up to the standards may be commissioned for use.

Article 23 Regional cable transmission networks for radio and television coverage shall be established and administered by the administrative departments for radio and television under the local people's governments at or above the county level.

Plans for a regional cable transmission network for radio and television coverage and its construction shall be submitted by the administrative department for radio and television under the people's government at the county level or of a city divided into districts or an autonomous prefecture to the administrative department for radio and television under the people's government of the province, autonomous region or municipality directly under the Central Government for approval before the implementation, or submitted by the administrative department for radio and television under the people's government of the province, autonomous region or municipality directly under the Central Government to the administrative department for radio and television of the State Council for approval before the implementation.

Only one regional cable transmission network for radio and television coverage may be established within the same administrative region. A cable television rediffusion station shall be hooked up with the regional cable transmission network for television coverage according to the plan.

Article 24 No unit or individual may use a cable transmission network for radio and television coverage to broadcast programs without approval.

Article 25 The control and use of space location resources on satellites to transmit radio or television programs shall conform to the relevant provisions of the State.

The transmission of radio or television programs via satellite by a radio or television station shall meet the conditions stipulated by the State and shall be subject to the examination and approval of the administrative department for radio and television of the State Council.

Article 26 Whoever installs or user satellite radio or television ground receiving facilities shall apply for a license to the administrative department for radio and television under the people's government of the province, autonomous region or municipality directly under the Central Government according to the relevant provisions of the State. Importation of decoders, decompressors of satellite radio or television programs or other satellite radio or television ground receiving facilities shall be subject to the examination and approval of the administrative department for radio and television of the State Council.

Article 27 No unit or individual may seize, plunder or destroy by any other means facilities of transmission networks for radio and television coverage.

Article 28 No unit or individual may occupy or interfere with assigned frequencies for radio or television, or intercept and transmit, interfere with, descramble or decrypt radio or television signals without authorization.

Article 29 The administrative departments for radio and television under the people's governments at or above the county level shall adopt various ways such as satellite transmission, wireless relaying, cable radio and television broadcasting to expand the coverage of radio and television broadcast in the rural areas.

Chapter IV Radio and Television Programs

Article 30 Radio or television stations shall set up their programs within the scope of programs approved by the administrative department for radio and television of the State Council.

Article 31 Radio and television programs shall be produced by radio or television stations or the units for the production and management of radio and television programs which are established upon the approval of the administrative departments for radio and television under the people's governments at or above the provincial level. No radio television station may broadcast any program produced by units which are not licensed to produce and manage radio or television programs.

Article 32 Radio or television stations shall improve the quality of radio or television programs and increase the numbers of excellent domestically produced programs, and shall not produce or broadcast programs which contain the following contents:

(1)   endangering the unity, sovereignty and territorial integrity of the State;

(2)   endangering the security, dignity and interests of the State;

(3)   instigating national division and undermining national unity;

(4)   divulging State secrets;

(5)   slandering or insulting others;

(6)   disseminating obscenity or superstition or touting violence; or

(7)   any other contents prohibited by the provisions of laws or administrative regulations.

Article 33 Radio or television stations shall, in accordance with the provisions in Article 32 of these Regulations, examine radio or television programs prior to broadcast, and conduct re -examination of programs prior to re-broadcast.

Article 34 Radio and television news shall be truthful, fair and equitable.

Article 35 The establishment of a unit to produce television plays shall be subject to the approval of the administrative department for radio and television of the State Council and a license shall be obtained prior to producing television plays.

Measures governing the production and broadcast of television plays shall be stipulated by the administrative department for radio and television of the State Council.

Article 36 Radio or television stations shall use standardized spoken and written language.

Radio or television station shall promote the nationwide use of Putonghua.

Article 37 Local radio or television stations and radio or television rediffusion stations shall relay radio or television programs according to the relevant provisions of the administrative department for radio and television of the State Council.

No radio and television rediffusion station established by a township or town may produce its own television programs.

Article 3 Radio or television stations shall broadcast radio or television programs in accordance with advance program schedules; if alteration or adjustment of previously announced program schedules is required, a notice shall be made to the public in advance.

Article 39 Overseas movies or television plays broadcast by any radio or television station shall be subject to the examination and approval of the administrative department for radio and television of the State Council. Other overseas radio or television programs broadcast by any radio or television station shall be subject to the examination and approval of the administrative department for radio and television of the State Council or other institutions authorized by it.

Radio and television programs that are supplied to foreign countries or regions shall, according to the relevant provisions of the State, be reported to the administrative departments for radio and television under the people's governments at or above the provincial level for the record.

Article 40 The ratio of time assigned to broadcasting overseas radio and television programs to the total broadcasting time shall be stipulated by the administrative department for radio and television of the State Council.

Article 41 Importing or re-broadcasting overseas radio and television programs via satellite or by other means of transmission by a radio or television station shall be subject to the approval of the administrative department for radio and television of the State Council.

Article 42 No radio or television station may broadcast advertisements in excess of the time limit stipulated by the administrative department for radio and television of the State Council.

Radio or television stations shall broadcast public interest advertisements.

Article 43 The administrative department for radio and television of the State Council may make decisions under extraordinary circumstances to suspend broadcasting, replace particular scheduled programs or designate some particular programs to be relayed.

Article 44 Educational television stations shall, in accordance with the relevant provisions of the State, broadcast various educational, teaching and learning programs, and shall not broadcast movies or television plays that are irrelevant to teaching and learning subjects.

Article 45 Organizing international or national radio or television program exchange or trading activities shall be subject to the approval of the administrative department for radio and television of the State Council and shall be undertaken by the designated units. Organizing regional radio or television program exchange or trading activities shall be subject to the approval of the administrative department for radio and television under the local people's government of the province, autonomous region or municipality directly under the Central Government and shall be undertaken by the designated units.

No unit or individual may organize radio or television program exchange or trading activities without approval.

Article 46 The broadcast and use of the radio or television programs which are under copyright protection shall be dealt with according to the provisions of the Copyright Law of the People's Republic of China.

Chapter V Penalty Provisions

Article 47 The unauthorized establishment of any radio or television station, educational television station, cable transmission network for radio and television coverage or radio and television rediffusion station in violation of the provisions of these Regulations shall be banned by the administrative department for radio and television under the people's government at or above the county level; the equipment used in the illegal activities shall be confiscated and a fine between one and two times the total investment shall be imposed simultaneously.

The unauthorized establishment of any radio or television transmitting station, relay station, micro-wave station or satellite uplink station shall be banned by the administrative department for radio and television under the people's government at or above the county level; the equipment used in the illegal activities shall be confiscated and a fine between one and two times the total investment shall be imposed simultaneously; or the act shall be punished by the radio administration organ according to the provisions of the State on radio administration.

Article 48 The unauthorized establishment of any unit to produce and manage radio or television programs, or the unauthorized production of television plays or any other radio or television programs in violation of the provisions of these Regulations shall be banned by the administrative department for radio and television under the people's government at or above the county level; the equipment used in the illegal activities shall be confiscated and a fine between one and two times the total investment shall be imposed simultaneously; or the act shall be punished by the radio administration organ according to the provisions of the State on radio administration.

Article 48 The unauthorized establishment of any unit to produce and manage radio or television programs, or the unauthorized production of television plays or any other radio or television programs in violation of the provisions of these Regulations shall be banned by the administrative department for radio and television under the people's government at or above the county level; the special instruments, equipment and program carriers used in the illegal activities shall be confiscated, and a fine between 10,000 yuan and 50,000 yuan shall be imposed simultaneously.

Article 49 Anyone who, in violation of the provisions of these Regulations, produces, broadcasts or supplies to foreign countries or regions programs which contain the contents prohibited by the provisions of Article 32 of these Regulations shall be ordered by the administrative department for radio and television under the people's government at or above the county level to stop the production, broadcasting or supplying to foreign countries or regions; the program carriers shall be confiscated and a fine between 10,000 yuan and 50,000 yuan shall be imposed simultaneously; if the circumstances are serious, the license shall be revoked by the original approving authorities; if the act violates the provisions on public security administration, public security administrative penalties shall be imposed by the public security organ according to law; if the act constitutes a crime, criminal responsibility shall be investigated according to law.

Article 50 Anyone who violates the provisions of these Regulations by committing any of the following acts shall be ordered to stop the illegal activities and given a warning by the administrative department of radio and television under the people's government at or above the county level; the illegal earnings shall be confiscated and a fine less than 20,000 yuan may be imposed simultaneously; if the circumstances are serious, the license shall be revoked by the original approving authorities.

(1)   altering the name, logo, scope of programs or number of bands or channels of a radio or television station without authorization;

(2)   renting out or transferring broadcast time to others;

(3)   re-broadcasting or broadcasting radio or television programs in violation of the relevant provisions;

(4)   broadcasting overseas radio or television programs or advertisements beyond the specified time limit;

(5)   broadcasting radio or television programs produced by any unit that is not licensed to produce and manage radio or television programs, or broadcasting television plays produced by any unit that is not licensed to produce television plays;

(6)   broadcasting overseas movies, television plays or other radio or television programs which have not been approved to be broadcast;

(7)   broadcasting programs prohibited by the provisions of Article 44 of these Regulations in an educational television station; or

(8)   organizing radio or television program exchanging or trading activities without authorization.

Article 51 Anyone who violates the provisions of these Regulations by committing any of the following acts shall be ordered to stop the illegal activities and given a warning by the administrative department for radio and television under the people's government at or above the county level; the illegal earnings and special instruments and equipment used in the illegal activities shall be confiscated and a fine not more than 20,000 yuan may be imposed simultaneously; if the circumstances are serious, the license shall be revoked by the original approving authorities.

(1)   renting out or transferring any frequency or frequency band, or altering the technical parameters of a radio or television transmitting station or relay station without authorization;

(2)   without approval, broadcasting self-produced programs or inserting advertisements by any radio or television transmitting station or relay station;

(3)   without approval, transmitting radio or television programs via satellite;

(4)   without approval, importing or re-broadcasting overseas radio or television programs via satellite or by other means of transmission;

(5)   without approval, broadcasting programs by way of a cable transmission network for radio and television coverage;

(6)   without approval, siting, designing, constructing or installing a transmission network for radio and television coverage; or

(7)   without authorization, occupying or interfering with assigned frequencies for radio or television signals.

Article 52 Anyone who, in violation of the provisions of theses Regulations, endangers the safety of broadcast in a radio or television station, or sabotages radio or television facilities shall be ordered to stop the illegal activities by the administrative department for radio and television under the people's government at or above the county level; if the circumstances are serious, a fine between 20,000 yuan and 50,000 yuan shall be imposed; if any damage has been caused, the tortfeasor shall compensate for the losses according to law; if a crime has been constituted, criminal liability shall be investigated according to law.

Article 53 Any administrative department for radio and television or any of its staff members that abuses powers, neglects duties or engages in illegalities for personal gains or by fraudulent means shall, if a crime has been constituted, be investigated for criminal liability according to law; if the act does not constitute a crime, administrative sanctions shall be imposed according to law.

Chapter VI Supplementary Provisions

Article 54 The radio or television stations, educational television, radio or television transmitting stations, relay stations and units producing and managing radio or television programs that have been established before these Regulations take effect shall, within six months as of the date when these Regulations take effect, undergo the re-examination procedures according to the provisions of these Regulations; those that fail to conform to the provisions of these Regulations shall be abolished; any existing educational television station at the county level may merge with the television station at the county level to operate as an educational channel therein.

Article 55 These Regulations shall take effect as of September 1, 1977.