Guidance and Compliance:The Way to China’s Entertainment Market
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VI. Content Review and Distribution License

1.License. China implements a content review and distribution license system for domestically produced TV series, China-foreign cooperatively produced TV series and imported TV series. TV series that have not been licensed for distribution may not be distributed, broadcast, or awarded. That is, after the production of a TV series is completed, it must be reviewed and approved by the State Administration of Radio and Television, or the provincial radio and television bureau, and TV Series Distribution License must be obtained before distribution.

2.Regulatory Authority. There are two types of authorities for reviewing TV series. The administrative department of radio and television of the State Council established the TV Series Examination Board and TV Series Re-Examination Board, and administrative department of radio and television of the people's government of a province, autonomous region or municipality directly under the Central Government established TV Series examination institutions. Among them, the duties of the TV Series Examination Board of the administrative department of radio and television of the State Council are: (1) examining the TV series produced by the direct record-filing production entities; (2) examining the screenplays (or the outline of each episode) of the China-foreign cooperatively produced TV series and the finished TV series; (3) examining the imported TV series; (4) examining the TV series submitted to the administrative department of radio and television under the State Council for its examination by the TV Series examination institutions of the administrative departments of radio and television of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government; and (5) examining the TV series which cause social debates, or which need to be examined by the administrative department of radio and television under the State Council due to the needs of public interests. The TV Series Re-Examination Board of the administrative department of radio and television of the State Council is responsible for re-examining TV series submitted for examination by the submitting entity against the examination conclusions of the TV Series Examination Board or TV series examination department. The duties of the TV Series examination institutions of the administrative department of the radio and television of the people's government of a province, autonomous region or municipality directly under the Central Government are: (1) examining the domestically produced TV series produced by the production entities within its administrative region;(2) conducting preliminary examination of the screenplays (or the outline of each episode) of the China-foreign cooperatively produced TV series and the finished TV series produced by the production entities within its administrative region and overseas institutions; and (3) conducting preliminary examination on the imported TV series sent for examination by the TV stations and other organizations within its administrative region.

3.Content. No TV series shall contain any of the following contents:(1)opposing the basic principles determined by the Constitution, instigating the resistance and disruption of the implementation of the Constitution, laws, administrative regulations and rules; (2) endangering the unity, sovereignty and territorial integrity of the state; (3) divulging the state secrets, endangering state security or damaging the dignity and interests of the state; (4) inciting hatred or discrimination among ethnic groups, disrespecting ethnic customs or practices, hurting ethnic feelings or undermining the solidarity among ethnic groups; (5) opposing the state's religious policies, advocating religious extremism, cult, superstition, discriminating against or insulting religious beliefs; (6) disrupting social order and harming social stability; (7) advocating obscenity, gambling, violence, terrorism, drug taking, abetting the commission of a crime or imparting methods for committing crimes; (8) insulting or defaming others; (9) harming the social morality or the excellent national culture and tradition; (10) infringing upon the legitimate rights and interests of minors or endangering the physical and mental health of minors;or (11) containing any other content prohibited by any laws, administrative regulations or rules.

4.Process. An entity shall file an application with the administrative department of radio and television of the people's government at or above a province, autonomous region or municipality directly under the Central Government for examining a domestically produced TV series. The administrative department of radio and television of the people's government at or above a province, autonomous region or municipality directly under the Central Government shall, after receiving the complete materials for examination and approval, make a decision of approval or disapproval within fifty days. If it is to make a decision of approval, the said administrative department shall issue the TV Series Distribution License. If it is necessary to make modifications upon examination, the entity as the examinee shall, after making modifi cations, reapply for examination in accordance with these provisions. Where an entity as the examinee, refuses to accept the decision of disapproval, it may file an application with the administrative department of radio and television under the State Council for reexamination within sixty days after receiving this decision. The administrative department of radio and television under the State Council shall make a reexamination decision within fifty days after receiving the application for reexamination, among which the reexamination shall take thirty days. If the TV series passes the reexamination, the said administrative department shall issue the TV Series Distribution License; if it fails to pass the reexamination, the said administrative department shall notify the entity as the examinee and give reasons in a written form. No entity as the examinee, which has filed an application with the administrative department of radio and television for examination but has not obtained the TV Series Distribution License, shall transfer the application to any other administrative department of radio and television for examination.

5.Materials. The following materials should be submitted for examining a domestically produced TV series: (1) the Application Form for the Examination of a Domestically Produced TV Series uniformly printed by the administrative department of radio and television under the State Council; (2) a valid certifi cation of the qualifi cation of the production entity; (3) the printed text of the TV series for announcement; (4) an outline for each episode with at least 500 Chinese characters; (5) a complete set of the sample TV series with video tapes, sound, subtitles and time code, etc., which meet the requirements for examination; (6) a complete table of captions for the beginning, end and songs of the TV series; (7) a photocopy of the document of the administrative department of radio and television under the State Council on approving the employment of foreigner(s) as participant(s) in the production of the domestically produced TV series; and (8) written opinions on special themes which need to be submitted to the competent department and the parties concerned.