Chinese netizens agitated by crackdown on online TV shows



Xiao Jing, a 27-year-old translator, has been feeling closely connected to the characters of "Lost," the American TV series she has been following.

What bothers her so much is a regulation issued on March 31 by the State Administration of Radio, Film and TV (SARFT), China's top industry regulator.

It ordered that all domestic and foreign films, TV series, animation pictures and documentaries transmitted online must be licensed by the media regulator. For many young Chinese Internet users, this means they may lose their free lunch of foreign TV series.

"At first I felt shocked, then worried but since I found no big change had happened yet, I feel confused," says Xiao.

American TV series like "Prison Break," "Lost" and "Desperate Housewives", are widely popular among young Chinese, who have been used to watching the latest episodes on local video-sharing websites like Youku.com and Tudou.com.

"Prison Break" lead actor Wentworth Miller is so popular in China that he was hired as the face of a Chinese casual outfit label and when he came here to promote the clothes last year he was treated like a superstar.

Most American TV shows were first recorded onto computers by overseas Chinese, who then made them available online through peer-to-peer software like Bit Torrent or video-sharing websites. Some went further by translating the script and including subtitles.

Most Chinese video websites have a laissez-faire attitude toward the videos uploaded by netizens. This is partly due to the high cost of legally buying the copyright themselves and partly due to the lengthy process necessary to get screening licenses.

The new regulation does not say how websites will be punished if they do not stop sharing the shows, however.

Most websites seem to be testing the new environment. As of yesterday, viewers were still able to find their beloved clips on the Net. The latest episodes of "Lost" and "Ugly Betty," for example, were still available on Youku and Tudou. So were some Japanese and Korean shows, which are also popular among young Chinese.

Some netizens thought the new regulation was an "April Fools' joke" when they first heard about it but soon lost their grins when it turned out to be genuine.

"The biggest advantage of the Internet is speed. If the new regulation comes into force, the lengthy procedures to get a license mean we will not be able to watch the latest shows any more," a netizen wrote.

Some are more relaxed about it, though.

"I don't care that much about the regulation," says Shi Hao, a college student. "Even if we cannot watch the shows online, we can still download them through peer-to-peer software or buy DVDs."

The industry is still suffering at the hands of illegal downloading and pirated DVDs, despite the government's continuous efforts to crack down on piracy.

China allows only 20 foreign films to be shown in movie theaters every year and rarely broadcasts the latest foreign TV series.

National TV network CCTV broadcast the first season of "Desperate Housewives" in 2005 but fans criticized the translation, dubbing, and cutting of nude and violent scenes.

China had about 300 million Internet users at the end of this January.

Source: China Daily, April 14, 2009

SARFT Issues Online Video Content Regulations
Communications World Website, 3/31/09

The State Administration of Radio Film and Television (SARFT) has released new regulations concerning the regulation of online audio-visual program content. The regulations are directed at online (including mobile Internet) audio-visual programming, and were sent to all radio, film, and television bureaus in all provinces, autonomous regions, and directly-administered municipalities. The regulations specifically ban all content that:

1) Runs counter to basic principles laid out in the Chinese constitution;

2) Harms the unity, sovereignty, or territorial integrity of China;

3) Divulges national secrets, endangers national security, or damages national honor and interests;

4) Incites racial anger, racial discrimination, harms national unity, or runs against national customs and practices;

5) Promulgates cults or superstitions;

6) Disrupts social order or stability;

7) Incites minors to acts of violence or to otherwise break the law in terms of obscenity, gambling, or terrorist activities;

8) Humiliates or slanders individuals, or otherwise infringes on the privacy and other legal interests of citizens;

9) Harms public morality or national Chinese culture;

10) Is not in accordance with related laws and/or administrative rules.

The regulations also require audio-visual service providers to edit or delete infringing online material, and require online audio-visual enterprises providing access to films, television series, cartoons, and documentaries to obtain relevant broadcast licenses from the appropriate government departments. Foreign and domestic films, television series, cartoons, and documentaries that have not obtained relevant public broadcast and publishing licenses are forbidden to be broadcast online.




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 "Online 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 "Online 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