II.Compliance of Entities Engaged in Internet Audi...
Internet audio-Visual program service refers to activities of making,editing and integrating audio-visual programs, providing them for the general public via Internet, and providing service for other people to upload and spread audio-visual programs.
2.1 Establishment
The entities engaging in Internet audio-visual program services shall apply for the Permit for Spreading Audio-Visual Programs via Information Network issued by administrative department of radio and television or go through the record-filing formalities, otherwise, no entity or individual may engage in Internet audio-visual program services.Among them, general entities applying for engaging in Internet audio-visual program services need to apply for the Permit for Spreading Audio-Visual Programs via Information Network; a Central news Entity and a radio or TV station at or above the prefecture (municipal) level engaging in Internet audio-visual program re-broadcasting service only needs to handle the record-filing formalities.
2.1.1 Permit for Spreading Audio-Visual Programs via Information Network
2.1.1.1 Application Process
An application for the Permit for Spreading Audio-Visual Programs via Information Network shall be filed through the competent department of radio and television of the people’s government of the province,autonomous region, or municipality directly under the Central Government with the competent department of radio and television under the State Council, while an entity directly under the Central Government may directly file the application with the competent department of radio and television under the State Council.The competent department of radio and television of the people’s government of the province,autonomous region, or municipality directly under the Central Government shall provide convenient service, put forward the preliminary examination opinion within 20 days since the day when the application is received, and submit it to the competent department of radio and television under the State Council for examination and approval; the competent department of radio and television under the State Council shall make a decision of approval or disapproval within 40 days since the date when the application or the preliminary examination opinion is received, in particular, the time limit for expert evaluation shall be 20 days.In the case of approval, it shall issue a Permit for Spreading Audio-Visual Programs via Information Network to the applicant and make an announcement thereon; in the case of disapproval, it shall notify the applicant of the result and give reasons in written form.
Entities that have obtained the Permit for Spreading Audio-Visual Programs via Information Network also need to apply to the telecommunications authority for telecommunication business operation licenses or perform relevant record-filing procedures, and need to go to the market supervision and management department for registration or registration modification formalities.The entities that have completed all the formalities mentioned above can start Internet audio-visual program services.
An Internet audio-visual program service entity shall provide Internet audio-visual program service within 90 days after obtaining the Permit for Spreading Audio-Visual Programs via Information Network.If it fails to do so, its Permit shall be written-off by the organ issuing the Permit.If it has any special circumstances, it shall obtain the consent of the organ issuing the Permit.If it suspends business for consecutively 60 days, the organ issuing the Permit shall treat it as an application for ending business, and the Permit shall be written-off by the organ issuing the Permit.
The valid period of the Permit for Spreading Audio-Visual Programs via Information Network shall be 3 years.If the holder intends to continue engaging in Internet audio-visual program service after the Permit expires, it shall, within 30 days before the expiration, apply to the organ issuing the Permit for renewal upon the strength of related materials required by Section 2.1.1.3 of this chapter.
2.1.1.2 Materials
The materials required to apply for the Permit for Spreading Audio-Visual Programs via Information Network are as follows:
(1) An application report, which shall include a general introduction to the entity, descriptions of the services to be provided, and other relevant information.(2) An Application Form for the License for Spreading Audio-Visual Programs through Information Network.(3) Relevant qualifications of the applicant, including a certificate of incorporation,the bylaws, a capital verification report, and an explanation on shareholding structure, in the case of a company, a certificate of registration of a domain name for the website, and licenses or record-filing certificates obtained by the applicant for Internet news information services, radio and television broadcasting institutions, programming institutions, and ICP, among others, in relevance to the application.(4) Specific arrangements for broadcasting of audio-visual programs, which shall cover the type of programs, arrangements of columns and plates, and broadcast cycle, among others.(5) A technical plan for Internet audio-visual program services, which shall cover network access solutions, and the structure,function, carrying capacity, and other contents of the program broadcasting technology platform and be attached with a network bandwidth lease agreement, and a list of existing technical equipment.(6) The applicant’s existing program content examination rules and processes, safe broadcasting management rules, and contingency plans.(7) The number,professional background, or practice experience of editors, technicians,and other professionals.(8) Program purchase contracts, letters of intent,and other evidentiary materials on the source of programs.(9) A certificate on the property right or rent of office.(10) Other materials.
2.1.1.3 Approval for Item-Adding and Change
Internet audio-visual program service entities shall obtain approval for conducting audio-visual program services through other websites.Where an Internet audio-visual program service entity opens an audio-visual service column or a webpage on another website (with or without an independent broadcasting label or name), it shall undergo the approval formalities for adding a new item in the License, for which an application report on adding items, the cooperation plan, the cooperation agreement, and other materials shall be submitted.Approval is not required for business cooperation carried out merely in the form of links.
In addition, Chinese law stipulates that where an Internet audio-visual program service entity changes, shareholder or equity structure,has any big moves in assets, is listed, or has other important fund-raising acts, if its business items after such change go beyond those indicated in its Permit for Spreading Audio-Visual Programs via Information Network, it shall handle examination and approval formalities in accordance with these Provisions.Where an Internet audio-visual program service entity legally changes its business place or legal representative, or an Internet information service entity legally changes its website address or name, it shall file the change with the competent department of radio and television and the competent department of telecommunication at or above the provincial level for archival purpose; if the change involves industrial and commercial registration, it shall handle the registration modification formalities at the administrative department of market regulation according to law.(https://www.daowen.com)
2.1.1.4 Condition
Requirements for an entity to engage in general Internet services:(1) it has the corporate capacity, is an exclusive state-owned entity or a state-controlled entity, and has not committed any illegal act within the three years prior to the date of application; (2) it has a sound management system for the safe spread of programs and safety protection technology and measures; (3) it has legal audio-visual program resources needed by its business; (4) it has technical capability, network resource and funds needed by its business; (5) it has technical personnel needed by its business, and neither its major investor nor operators have committed any violative act within the three years prior to the date of application; (6) its technical scheme satisfies the related national standards, industrial standards and technical norms; (7) it satisfies the overall planning, layout and guidance catalogue for Internet audio-visual program service determined by the competent department of radio and television under the State Council; and (8) it satisfies the requirements of laws, administrative regulations and other related state provisions.Regarding the applicants for Internet audio-visual program services under the condition of item (1), Notice of the State Administration of Radio, Film and Television on Issues concerning Effectively Conducting the Examination of Application for the License for Dissemination of Audio-Visual Programs through Information Network (Order No.3 of the State Administration of Press, Publication, Radio, Film and Television) revised by the former State Administration of Press, Publication, Radio, Film and Television , which took effect on August 28, 2015, further explained that those include enterprises absolutely controlled by multiple state-owned shareholders and enterprises relatively controlled by state-owned capital (there shall be no affiliation between non-state-owned shareholders),and exclude foreign-invested enterprises.An applicant shall have more than 20 professionals with corresponding experience or professional background.
Furthermore, to provide special Internet services, in addition to the above eight conditions, to engage in radio and television modality service and audio-visual news service about current events and political affairs, one shall obtain the Permit for Broadcasting Radio and Television Programs or the Permit for Providing News Information Service via Internet.To engage in audio-visual service about presiding over shows,interviewing and reporting, one shall obtain the Radio and TV Program Producing and Business Operating License and the Permit for Providing News Information Service via Internet.To engage in self-shot network play (film) service, one shall obtain the Radio and TV Program Producing and Business Operating License.
2.1.2 Record-Filing Procedures for Radio Stations, TV Stations and Central News Entities
For radio stations, television stations, and central news entities that do not need to apply for the Permit for Spreading Audio-Visual Programs via Information Internet engaging in Internet audio-visual program re-broadcasting service shall handle the simple record-filing formalities, that is, they shall, 30 days before broadcasting, submit the website address, name of its website, radio or television channel to be re-broadcasted, name of its program and other related record-filing material at the corresponding competent department (competent department of radio and television under the State Council or provincial competent department of radio and television).After the record-filing,the record-filing number will be obtained such as Internet Audio-Visual Program Service (AVSP): No.*************.The record-filing entity shall mark the record-filing number at an eye-catching place of the broadcasting interface.
2.2 Operation
The law puts forward certain compliance requirements for the operations of Internet program service entities and their network operation entities.
2.2.1 Entities Engaged in Internet Audio-Visual Program Services
2.2.1.1 The Internet audio-visual program service entity shall pay special attention to the content of audio-visual programs broadcast.The principal investor and operator of an Internet audio-visual program service entity shall be responsible for the contents of broadcasted and uploaded audio-visual programs.Where the competent department of radio and television finds out an Internet audio-visual program service entity broadcasting programs against Administrative Provisions on Internet Audio-Visual Program Service, it shall immediately delete them, keep the relevant records, report the situation to the competent department and act in accordance with the administrative requirements of the related competent department.
2.2.1.2 An Internet audio-visual program service entity shall select a network operator which has legally obtained the permit for providing Internet access service or the permit for transmitting radio and television programs.
2.2.1.3 It shall keep users’ information secret, and may not make false publicity or mislead users, or work out unfair or unreasonable provisions against users, or damage the legitimate rights and interests of users.
2.2.1.4 When providing paid service, it shall publicize in a prominent way the category and scope of its audio-visual program, charging rates and time limit requirements, and notify users of the conditions and ways for suspending or canceling its service.
2.2.2 Network Operation Entity
A network operator shall, when providing signal transmission service for Internet audio-visual programs, safeguard the legitimate rights and interests of Internet audio-visual program service entities, guarantee signal transmission safety, not disrupt or detain audio-visual program signals.At the same time, it shall check the Permit for Spreading Audio-Visual Programs via Information Network or archive-filing material of audio-visual program service entities before providing signal transmission service for them, and provide access service in accordance with the scope of issues indicated in the Permit for Spreading Audio-Visual Programs via Information Network or filed for archival purpose.