BEIJING, March 17 (Reporter Song Yusheng) On March 16, the State Administration of Radio and Television published the People’s Republic of China (PRC) Radio and Television Law (Draft for Comment) in official website. Among them, it is planned to stipulate the protection of minors, limit the remuneration standards of inferior artists and program creators, and clarify the punishment measures.
Legislation under the background of media integration
"With the deepening of media integration, all-media communication has become the mainstream trend, and institutions such as media integration centers have become the start-up institutions of radio and television services. The management system based on the approval of the establishment of radio stations and television stations set by the current Regulations on Radio and Television Management is no longer suitable for this new development and management demand."
The Explanation of People’s Republic of China (PRC) Radio and Television Law (Draft for Comment) emphasizes that at present, it is urgent to do a good job in the top-level design of radio and television management system from the legal level according to the characteristics of the all-media era.
At the same time, the above explanation points out that there are long-standing problems in the field of radio and television, such as the absence of basic legislation and the lack of basis for formulating laws and regulations, and the construction of the rule of law in the industry lags behind the actual needs of the industry development.
With the opening of some services such as radio and television program production to the society, especially the rapid development of new radio and television services such as network audio-visual in recent years, there are more and more practitioners and employees, and the participation of the masses and social attention are getting higher and higher. It is urgent for radio and television management departments to further improve their administrative ability according to law, and it is urgent to gradually establish a complete radio and television legal system through legislation at the national level to form a new pattern of good laws and good governance. In this regard, all walks of life and all kinds of radio and television institutions at all levels have a high voice.
Clear negative list
The exposure draft is divided into general rules, business access, production and broadcasting, transmission coverage, public services, support and promotion, security, supervision and management, legal responsibilities and supplementary provisions, with a total of 10 chapters and 80 articles.
The exposure draft lists nine contents that radio and television programs are not allowed to contain.
These include: violating the basic principles set by the Constitution, inciting resistance or undermining the implementation of the Constitution, laws and regulations, distorting and denying the advanced socialist culture; Endangering national unity, sovereignty and territorial integrity, revealing state secrets, endangering national security, damaging national dignity, honor and interests, and propagating terrorism and extremism; Defaming Chinese excellent traditional culture, inciting national hatred and discrimination, infringing on national customs and habits, distorting national history or national historical figures, hurting national feelings and undermining national unity; Distort, vilify, blaspheme and deny revolutionary culture, heroic deeds and spirit; Violate the national religious policy and propagate cults and superstitions; Endangering social morality, disrupting social order, undermining social stability, spreading false information, promoting obscenity, gambling, drug abuse, exaggerating violence and terror, instigating crimes or teaching criminal methods, and promoting discrimination on the grounds of race, nationality, region, sex, occupation, physical and mental defects, etc.
It also includes infringing on the legitimate rights and interests of minors or endangering their physical and mental health, which is not conducive to minors to establish a correct world outlook, outlook on life and values; Insult, slander others or spread others’ privacy, resulting in adverse social impact and other contents prohibited by laws and administrative regulations.
Respond to hot topics
In addition, the exposure draft also involves some hot topics of public concern.
For example, it is proposed to stipulate measures to protect minors: radio and television program integrated broadcasting institutions should establish and improve mechanisms such as minors’ protection commissioners and minors’ program evaluation committees by setting up special channels for minors, special time slots for minors, special areas for minors’ programs, and models for minors, so as to prevent the commercialization, adult and excessive entertainment of minors’ programs and protect the legitimate rights and interests of minors.
It also requires that radio and television programs contain contents that may affect the physical and mental health of minors, and the integrated broadcasting institutions of radio and television programs should prompt them in a significant way and reasonably arrange the broadcasting time and layout.
The exposure draft also intends to make requirements for advertisements: radio and television institutions should play commercial advertisements and public service advertisements in accordance with laws, regulations and relevant state regulations.
As for the program creators, it is proposed in the draft for comment that the remuneration standard and allocation ratio of the program creators should comply with the regulations of the competent department of radio and television in the State Council and other relevant departments. If the main creators of radio and television programs have adverse social impact due to violation of relevant laws and regulations, the competent department of radio and television in the State Council may impose necessary restrictions on the broadcasting of relevant programs.
For programs uploaded by users, user comments, etc., the draft for comment is intended to stipulate that if a radio and television program integrated broadcasting institution provides users with programs uploading, comments and other services, it shall require users to provide true identity information, and assume management responsibilities such as auditing according to the requirements of the competent department of radio and television in the State Council.
Clear punishment measures
The exposure draft also clarifies the legal liability for violations.
For example, if a TV series is not recorded, the competent department of radio and television of the people’s government at or above the county level shall order it to stop illegal activities, give it a warning and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan in informed criticism; If the circumstances are serious, a fine of not less than 50 thousand yuan but not more than 200 thousand yuan shall be imposed.
If the production of radio and television programs does not meet the requirements of the state on the remuneration standard and allocation ratio of creative personnel, the illegal income shall be confiscated and a fine of not less than one time but not more than five times the illegal income shall be imposed in addition to being ordered to stop illegal activities and clear the contents of relevant programs; If the total investment or illegal income is less than 200,000 yuan, a fine of not less than 200,000 yuan but not more than 1 million yuan shall be imposed.
Those who fail to restrict the broadcasting of radio and television programs with the participation of creative people who have adverse social impact in accordance with the requirements of the competent radio and television departments will also be ordered to stop illegal activities, be given a warning and be allowed to informed criticism, confiscate their illegal income and impose a fine of more than one time but less than five times their illegal income; If there is no illegal income or the illegal income is less than 200,000 yuan, a fine of more than 200,000 yuan and less than 1 million yuan shall be imposed.
Before the broadcast of the radio and television program, the contents of the program that may affect the physical and mental health of minors are not prompted in a significant way; If an integrated broadcasting organization of radio and television programs provides users with services such as uploading and commenting programs, and fails to require users to provide true identity information, or provides related services to users who do not provide true identity information, the competent department of radio and television of the people’s government at or above the county level will be punished in accordance with relevant laws, administrative regulations and relevant provisions of the state.
Network drama into management
It is worth noting that the supplementary provisions of the exposure draft show that online audio-visual programs and online dramas are also included in the management of this law.
It is clear in the supplementary provisions that radio and television programs refer to video, audio and other audio-visual programs, including radio programs, television programs and online audio-visual programs, which are transmitted to the public in a one-way and interactive way through fixed and mobile terminals.
Tv dramas in radio and television programs refer to TV and online dramas, including TV dramas, TV cartoons, TV movies, TV documentaries, online dramas, online cartoons, online movies and online documentaries.
The integrated broadcasting organization of radio and television programs refers to the organization that integrates and provides broadcasting services for radio and television programs to the public, including radio stations, television stations, media integration centers, network audio-visual programs, public audio-visual carrier broadcasting organizations and integrated operating organizations, radio and television pay channel operating organizations and integrated operating organizations, radio and television video-on-demand service organizations, radio and television stations and other organizations engaged in integrated broadcasting activities of radio and television programs.