Downloading TV and Radio Programmes from the Internet

Interestingly, the actual number of PRC websites offering this form of media distribution is still limited. There are a few Chinese media sites employing technology such as streaming transmission, Internet multicast, and IP radio and transmission-on-demand, but many sites appear to act more like a programme catalogue rather than an interactive distribution network.

Licensing System

The Procedures specifically refer to two different entities: the "network disseminator" and the "information network provider". The former are the content providers who organize and arrange audio/video programming and disseminate it to the public by means of information networks. Network providers are organizations that provide the hardware and software platforms and other technical support.

In order to disseminate programmes via the Internet, it is necessary to have a License for Online Dissemination of Audio/Video Programmes. SARFT classifies the different types of programmes to be disseminated into four classes as follows: News (Class 1); Movie and television dramas (Class 2); Entertainment, including music, traditional opera, sports, and combined arts (Class 3), and; Special subjects, including science and technology, education, finance and economics, and legal systems (Class 4).

To conduct such activities, the content provider must comply with the necessary technical standards, have adequate funding, professional personnel, equipment, and a site commensurate with the scale of operations. However, there are additional requirements for the dissemination of news and drama programmes. For example, news-type programmes must be programmes produced and transmitted by radio or television stations in China, and must therefore have been duly sanctioned by the authorities. Television dramas must be dramas for which a Television Drama Distribution Licence has been obtained, and the dissemination of movies requires a Movie Screening Licence.

Different Levels of Approvals

According to the Procedures, approval to engage in the dissemination of such programmes requires the examination and consent of the provincial-level radio and television authorities, and examination and approval by SARFT. However, enterprises registered with the State Administration for Industry and Commerce may submit their applications to SARFT directly.

SARFT will issue a Licence for Online Dissemination of Audio/Video Programmes to qualified applicants and the recipients of the licence must commence operations within one year or have their licence revoked. The licence is valid for three years and can be renewed.

Special-purpose Vehicles

The Procedures provide that when an application is made to establish a special organization to disseminate programmes, the sponsoring unit must complete the examination and approval procedures set out in the Measures. Presumably, websites such as www.cctv.com or www.guang.org operated by the corresponding national or local radio and television stations would only need to obtain the SARFT licence, whereas if a special-purpose enterprise is used the sponsor would have to obtain the SARFT licence first and then register the enterprise.

Permitted Programmes

When organizations other than radio and television stations disseminate entertainment or special subject programmes, in general they may only use programmes compiled, produced or broadcast by the radio and television stations. If an organization has received authorization from an educational institution or approval from the central or provincial education authorities to conduct online education training, it may apply to transmit educational programmes that it has produced provided it is duly authorized to do so.

If sports events, artistic performances, large-scale events or interviews are directly transmitted online in the form of audio/video programming, an application for approval must be made to the provincial-level radio and television authorities 20 days before direct transmission.

Content Restrictions

The Procedures stipulate that foreign programmes recorded from networks or overseas media may not be disseminated over information networks.

Other types of prohibited content specified in the Procedures largely reflect official concerns; they include prohibition of content that opposes the Constitution or undermines state security.

The Procedures acknowledge the potential of such programme distribution methods to reach different audiences. At present it seems that content providers are struggling to provide an attractive menu of programmes and general content to draw users away from the traditional TV set and toward a more interactive medium.

By Nancy Leigh, Baker & McKenzie