广播电视管理条例 REGULATIONS ON BROADCASTING AND TELEVISION ADMINISTRATION

evision opera production and broadcast shall be formulated by the department of broadcasting and television administration under the State Council.

　　Article 36 Broadcasting stations and television stations should use standardized spoken and written languages.

　　B

roadcasting stations and television stations should popularize the common spoken Chinese in common use nation wide.

　　Article 37 Local broadcasting stations, television stations or broadcasting and television stations should relay broadcasting and television programmes pursuant to the relevant provisions of the department of broadcasting and television administration under the State Council.

　　Broadcasting and television stations set up by villages and townships shall not run their own television programmes.

　　Article 38 Broadcasting stations and television stations should broadcast broadcasting and television programmes according to the advance programme announcements; for necessity of changing or adjusting the original programmes the advance announcements of which have been made, notices should be given to the public in advance.

　　Article 39 External films and television operas to be used for broadcast by broadcasting stations and television stations must be subject to the examination and approval of the department of broadcasting and television administration under the State Council. Other external broadcasting and television programmes to be used for broadcast by broadcasting stations and television stations must be subject to the examination and approval of the department of broadcasting and television administration under the State Council or its authorized agencies.

　　Broadcasting and television programmes to be provided to users abroad should be reported to the departments of broadcasting and television administration of people's governments at or above the provincial level for the record pursuant to relevant state provisions.

　　Article 40 The percentage of time of broadcasting external broadcasting and television programmes and the total broadcast time of broadcasting and television programmes by broadcasting stations and television stations shall be determined by the department of broadcasting and television administration under the State Council.

　　Article 41 Import and relay of external broadcasting and television programmes via satellite and other modes by broadcasting stations and television stations must be subject to the approval of the department of broadcasting and television administration under the State Council.

　　Article 42 Broadcast of advertisements by broadcasting stations and television stations must not exceed the time prescribed by the department of broadcasting and television administration under the State Council.

　　Broadcasting stations and television stations should broadcast non-profit advertisements.

　　Article 43 The department of broadcasting and television administration under the State Council may, under extraordinary circumstances, make a decision to suspend the broadcast, change a particular programme or designate the relay of a particular programme.

　　Article 44 Educational television stations should broadcast all types of educational and teaching programmes in accordance with the relevant state provisions, and should not broadcast films or television films not related to the contents of teaching.

　　Article 45 Sponsorship of international or national exchanges and transactions of broadcasting and television programmes should be subject to the approval of the department of broadcasting and television administration under the State Council and should be handled by designated units. Sponsorship of regional exchanges and transactions of broadcasting and television programmes should be subject to the approval of the department of broadcasting and television administration of the people's government of the province, autonomous region or municipality directly under the Central Government of the locality wherein such activities are to be conducted, and they shall be handled by designated units.

　　No unit or individual shall sponsor any exchange or transaction of broadcasting and television pro

grammes without approval.

　　Article 46 Broadcast and use of broadcasting and television programmes having copyrights shall be handled pursuant to the provisions of the Copyright Law of the People's Republic of China.

　　Chapter V Penalty Provisions

　　Article 47 Whoever, in violation of the provisions of these Regulations, establishes a broadcasting station, or a television station, or an educational television station, or a network of cable broadcasting and television transmission coverage, or a broadcasting and television station without authorization shall be banned by the department of broadcasting and television administration of the people's government at or above the county level with its equipment for illegal activities confiscated and be imposed a fine more than 100% and less than 200% of the total amount of investment.

　　Establishment of a broadcasting and television transmitting station, or a relay station, or a microwave station, or a satellite up-link station shall be banned by the department of broadcasting and television administration of the people's government at or above the county level with its equipment for illegal activities confiscated and be imposed a fine more than 100% and less than 200% of the total amount of investment; or it will be penalized by the radio control agency pursuant to the relevant provisions of state radio control.

　　Article 48 Establishment of a broadcasting and television programme production and marketing unit without authorization or making television operas and other broadcasting and television programmes without authorization in violation of the provisions of these Regulations shall be banned by the department of broadcasting and television administration of the people's government at or above the county level with its special-purpose tools, equipment and programme carriers for illegal activities confiscated, and be concurrently imposed a fine more than RMB 10,000 Yuan and less than RMB 50,000 Yuan.

　　Article 49 Production, broadcasting and providing to users abroad of programmes containing contents prohibited by the provisions of Article 32 of these Regulations in violation of the provisions of these Regulations shall be directed to stop the production, broadcasting and providing to users abroad with its programme carriers surrendered and taken over, and be concurrently imposed a fine more than RMB 10,000 Yuan and less than RMB 50,000 Yuan; where the circumstances are serious, the original approval organ shall revoke its licence; violators of public security provisions shall be penalized for public security violations by the public security organ according to law; where the offence constitutes a crime, criminal responsibilities shall be investigated according to law.

　　Article 50 Whoever, in violation of the provisions of these Regulations, commits any of the following acts shall be directed by the department of broadcasting and television administration of the people's government at or above the county level to stop the illegal activity, be administered a warning with his/her illegal income confiscated and may concurrently be imposed a fine less than RMB 20,000 Yuan; where the circumstances are serious, the original approval organ shall revoke the licence:

　　(1) changing station name, station sign, the scope of programme set-up and set number of programmes without approval;

　　(2) leasing or transfer of broadcasting time bands;

　　(3) relay or broadcast of broadcasting and television programmes in violation of provisions;

　　(4) broadcast of external broadcasting and television programmes or advertisements in excess of the time prescribed;

　　(5) broadcast of broadcasting and television programmes produced by units without the acquisition of a production and marketing licence for broadcasting and television programmes or broadcast of a television opera produced by a unit without the acqui

sition of a production licence for television operas;

　　(6) broadcast of external films, television operas and other broadcasting and television programmes that have not been approved;

　　(7) broadcast by an educational television station of programmes the broadcast of which is prohibited under provisions of Article 44 of these Regulations; and

　　(8) sponsoring of exchanges and transactions of broadcasting and television programmes without approval.

　　Article 51 Whoever, in violation of the provisions of these Regulations, commits any of the following acts, shall be directed by the department of broadcasting and television administration of the people's government at or above the county level to stop the illegal activities, be administered a warning with the illegal income and special-purpose tools and equipment for illegal activities confiscated, and may concurrently be imposed a fine less than RMB 20,000 Yuan; where the circumstances are serious, the original approval organ shall revoke the licence:

　　(1) leasing or transfer of frequencies and frequency bands, and changing without authorization technical parameters of broadcasting and television transmitting stations and relay stations;

　　(2) broadcast of self-sponsored programmes and insertion of advertisements by broadcasting and television stations and relay stations without authorization;

　　(3) transmission of broadcasting and television programmes via the satellite mode without approval;

　　(4) import and relay of ex

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