III.Content Compliance of Internet Audio-Visual Pr...
3.1 General Requirements
According to Chinese law, Internet audio-visual programs provided by Internet audio-visual program service entities and accessed by network operating entities shall comply with the provisions of laws, administrative regulations, and departmental regulations.At the same time,copyright protection measures shall be adopted to protect the legitimate rights and interests of copyright owners.
Among them, movies and TV series and other programs shall also comply with the state’s regulations on radio, film and television programs(see Chapter I and II of part 1 of this book).The former State Administration of Press, Publication, Radio, Film and Television issued Notice on Further Strengthening the Management of the Creation and Broadcasting of Internet Audio-Visual Programs (No.104 [2017] of the State Administration of Press, Publication, Radio, Film and Television) which entered into force on May, 2017.This document emphasizes that the Internet audio-visual programs shall adhere to the same standards as radio and television programs, and be managed in an integrated manner.TV series and movies that have not passed the examination shall not be broadcast on the Internet as online dramas or online movies.
In addition, the relevant entities engaged in Internet audio-visual program services shall review the audio-visual program works to be broadcast and the graphic and video contents produced for the purpose of publicity and introduction before broadcasting them.The specific review elements include value orientation, plot, picture, lines, songs, sound effects, characters, subtitles, etc.
The relevant entities engaged in Internet audio-visual program services shall adhere to the principles of examination first and broadcast after, and principle of adequate examination in terms of Internet audio-visual program content examination.The principle of Internet examination first and broadcast after refers to that the relevant entities engaged in Internet audio-visual program services shall establish a pre-broadcast content examination system, examination opinion store system and working procedures, be equipped with examiners suitable for business development needs and corresponding examination facilities.Internet audio-visual programs broadcast shall be examined and identif ied by examiners.The principle of adequate examination means that the examiners shall perform their duties effectively in the process of examining the program, and strictly control the content of the examined program.The specific content includes: (1) each online drama, micro movie, online movie, film and television cartoon, and documentary should be examined by at least three examiners, and each issue (article)of professional Internet audio-visual programs should be examined by at least two examiners; (2) examiners should objectively and fairly submit written program examination opinions which should clearly point out problems that need to be modified, whether broadcast is allowed, and explain the reasons; (3) the examiner should undergo training in program content examination, and only after passing the assessment can examiners engage in program content examination.
In addition to the above-mentioned content review points, there are other requirements scattered across policy documents, such as, that the Chinese subtitles of the Internet audio-visual programs shall be standard Chinese characters except for the title and related text inscribed in calligraphy; songs with lyrics, foreign language titles, lines, vocabulary and logos with specific meanings, etc., shall be subtitled in Chinese in addition;languages of the names, lines, subtitles, and other Internet audio-visual programs shall abide by the relevant laws and regulations about the national common language, and respect and honor the excellent Chinese traditional culture, etc.(https://www.daowen.com)
3.2 General Prohibition
The relevant entities engaged in Internet audio-visual program services shall adhere to the correct political, value and aesthetic orientation, and prohibit the production and broadcast of Internet audio-visual programs containing the following: (1) opposing the basic principles determined by the Constitution, instigating the resistance and disruption of the implementation of the Constitution, laws, and administrative regulations; (2) endangering the unity, sovereignty and territorial integrity of the state, and divulging the state secrets, endangering state security or damaging the honor and interests of the state; (3) defaming the nation’s outstanding cultural traditions, inciting hatred or discrimination among ethnic groups, disrespecting ethnic customs or practices, hurting ethnic feelings or undermining the solidarity among ethnic groups; (4) containing content of harming the social morality, disrupting social order or any other immoral contents; or (5) containing any other content prohibited by any law or administrative regulation.
Content or plots of Internet audio-visual programs listed above or prohibited by other laws and regulations shall be cut and deleted before broadcast if any.If the problem is serious, the entire program shall not be broadcast.Taking the “rendering terrorist violence, showing ugly behaviors, and possibly even inducing crime” explicitly prohibited in the General Rules for Examining Content of Internet Audio-Visual Programs issued by China Internet Audio-Visual Program Service Association, which took effect on June 30, 2017 as an example, the specific points are as follows:(1) rendering violence, homicide, and showing the madness of evil forces; (2) displaying the violent and cruel criminal process in detail, as well as physical and mental abuse; (3) exposing investigation methods and details, which can induce criminals to have a good command of anti-investigation methods; (4) displaying strange and bizarre crime cases; (5)having a vague judgement on the values of true and false, good and evil,and beauty and ugliness, confusing the basic boundaries between justice and injustice; (6) demonstrating bad behaviors such as drug abuse,alcoholism, gambling in detail; (7) displaying excessive thriller, horror,physical pain, hysterics, and pictures, lines, music, and sound effects that can cause strong sense stimulation, mental stimulation, and physical and mental discomfort; (8) promoting the idea that violence must be curbed with violence, promoting extreme revenge thoughts and behaviors.
3.3 Prohibited Content of Professional Internet Audio-Visual Programs
In addition to the above-mentioned prohibited content, there are some additional prohibitive requirements for the professional Internet audio-visual program (i.e, professional Internet audio-visual program of literature, entertainment, technology, finance, sports, education, etc.),such as not containing content that are high-risk, aiming at making fun of others maliciously, and are easily imitated by young people; interviewing minors on family disputes, encouraging minors to participate in family disputes and on-site mediation; demonstrating details of various types of cosmetic surgeries and transsexual surgeries the mass participated in; etc.And there are some restrictions that should be noticed.For example, the host, guests, judges, contestants and other characters involved in the program shall be carefully selected.Persons with scandals, drug abuse, whoring and other illegal and criminal acts shall not be selected,and controversial persons who have marginalized views shall be selected carefully; strengthen the protection of minors, minimize the participation of minors, and resolutely put an end to the negative tendencies of commercialization, adultization, and excessive entertainment, as well as violations of minors’ rights; for reality shows, reduce the number of celebrities participating, and increase the participation of ordinary people,and prohibit hype of the cost of programs and not to take advantage of reality show to hype the stars’ children.