(1997年8月11日中华人民共和国国务院令第228号发布 根据2013年12月7日《国务院关于修改部分行政法规的决定》第一次修订 根据2017年3月1日《国务院关于修改和废止部分行政法规的决定》第二次修订 根据2020年11月29日《国务院关于修改和废止部分行政法规的决定》第三次修订 根据2024年12月6日《国务院关于修改和废止部分行政法规的决定》第四次修订)
(Promulgated by Decree No. 228 of the State Council of the People's Republic of China on August 11, 1997; first revision in accordance with the Decision of the State Council on Amending Certain Administrative Regulations on December 7, 2013; second revision in accordance with the Decision of the State Council on Amending and Repealing Certain Administrative Regulations on March 1, 2017; third revision in accordance with the Decision of the State Council on Amending and Repealing Certain Administrative Regulations on November 29, 2020; fourth revision in accordance with the Decision of the State Council on Amending and Repealing Certain Administrative Regulations on December 6, 2024)
总 则
General Provisions
为了加强广播电视管理,发展广播电视事业,促进社会主义精神文明和物质文明建设,制定本条例。
These Regulations are formulated to strengthen the administration of radio and television, develop the radio and television industry, and promote the construction of socialist spiritual civilization and material civilization.
本条例适用于在中华人民共和国境内设立广播电台、电视台和采编、制作、播放、传输广播电视节目等活动。
These Regulations apply to activities such as the establishment of radio stations and television stations, as well as the gathering, editing, production, broadcasting, and transmission of radio and television programs within the territory of the People's Republic of China.
广播电视事业应当坚持为人民服务、为社会主义服务的方向,坚持正确的舆论导向。
The radio and television industry shall adhere to the direction of serving the people and serving socialism, and shall maintain correct guidance of public opinion.
国家发展广播电视事业。县级以上人民政府应当将广播电视事业纳入国民经济和社会发展规划,并根据需要和财力逐步增加投入,提高广播电视覆盖率。
The State develops the radio and television industry. People's governments at or above the county level shall incorporate the radio and television industry into the national economic and social development plan, and gradually increase investment based on needs and financial capacity to improve radio and television coverage.
国家支持农村广播电视事业的发展。
The State supports the development of radio and television in rural areas.
国家扶持民族自治地方和边远贫困地区发展广播电视事业。
The State supports the development of radio and television in ethnic autonomous areas and remote and impoverished areas.
国务院广播电视行政部门负责全国的广播电视管理工作。
The radio and television administrative department of the State Council is responsible for the administration of radio and television nationwide.
县级以上地方人民政府负责广播电视行政管理工作的部门或者机构(以下统称广播电视行政部门)负责本行政区域内的广播电视管理工作。
The departments or agencies responsible for radio and television administration at or above the county level (hereinafter collectively referred to as radio and television administrative departments) are responsible for the administration of radio and television within their respective administrative regions.
全国性广播电视行业的社会团体按照其章程,实行自律管理,并在国务院广播电视行政部门的指导下开展活动。
National social organizations in the radio and television industry shall exercise self-discipline management in accordance with their articles of association and carry out activities under the guidance of the radio and television administrative department of the State Council.
国家对为广播电视事业发展做出显著贡献的单位和个人,给予奖励。
The state shall give awards to units and individuals that have made significant contributions to the development of the radio and television industry.
广播电台和电视台
Radio Stations and Television Stations
国务院广播电视行政部门负责制定全国广播电台、电视台的设立规划,确定广播电台、电视台的总量、布局和结构。
The radio and television administrative department of the State Council is responsible for formulating the plan for the establishment of national radio stations and television stations, and determining the total number, layout, and structure of radio stations and television stations.
本条例所称广播电台、电视台是指采编、制作并通过有线或者无线的方式播放广播电视节目的机构。
For the purposes of these Regulations, radio stations and television stations refer to institutions that collect, edit, produce, and broadcast radio and television programs through wired or wireless means.
设立广播电台、电视台,应当具备下列条件:
To establish a radio station or television station, the following conditions shall be met:
(一)有符合国家规定的广播电视专业人员;
(1) Having radio and television professionals that meet the national standards;
(二)有符合国家规定的广播电视技术设备;
(2) Having radio and television technical equipment that meets the national standards;
(三)有必要的基本建设资金和稳定的资金保障;
(3) Having necessary basic construction funds and stable financial guarantees;
(四)有必要的场所。
(4) Having necessary premises.
审批设立广播电台、电视台,除依照前款所列条件外,还应当符合国家的广播电视建设规划和技术发展规划。
When approving the establishment of radio stations and television stations, in addition to the conditions listed in the preceding paragraph, the national radio and television construction plan and technical development plan shall also be complied with.
广播电台、电视台由县、不设区的市以上人民政府广播电视行政部门设立,其中教育电视台可以由设区的市、自治州以上人民政府教育行政部门设立。其他任何单位和个人不得设立广播电台、电视台。
Radio stations and television stations shall be established by the radio and television administrative departments of the people's governments at the county level or above that are not divided into districts, among which educational television stations may be established by the education administrative departments of the people's governments at the level of cities divided into districts or autonomous prefectures or above. No other unit or individual may establish radio stations or television stations.
国家禁止设立外商投资的广播电台、电视台。
The state prohibits the establishment of radio stations and television stations with foreign investment.
中央的广播电台、电视台由国务院广播电视行政部门设立。地方设立广播电台、电视台的,由县、不设区的市以上地方人民政府广播电视行政部门提出申请,本级人民政府审查同意后,逐级上报,经国务院广播电视行政部门审查批准后,方可筹建。
Central radio stations and television stations shall be established by the radio and television administrative department of the State Council. For the establishment of local radio stations and television stations, the radio and television administrative department of the local people's government at the county level or above that is not divided into districts shall submit an application, which, after being examined and approved by the people's government at the same level, shall be reported level by level, and may be prepared for construction only after examination and approval by the radio and television administrative department of the State Council.
中央的教育电视台由国务院教育行政部门设立,报国务院广播电视行政部门审查批准。地方设立教育电视台的,由设区的市、自治州以上地方人民政府教育行政部门提出申请,征得同级广播电视行政部门同意并经本级人民政府审查同意后,逐级上报,经国务院教育行政部门审核,由国务院广播电视行政部门审查批准后,方可筹建。
Central educational television stations shall be established by the education administrative department of the State Council and reported to the radio and television administrative department of the State Council for examination and approval. For the establishment of local educational television stations, the education administrative department of the local people's government at the level of cities divided into districts or autonomous prefectures or above shall submit an application, obtain the consent of the radio and television administrative department at the same level, and after examination and approval by the people's government at the same level, report level by level, and after review by the education administrative department of the State Council and examination and approval by the radio and television administrative department of the State Council, may be prepared for construction.
经批准筹建的广播电台、电视台,应当按照国家规定的建设程序和广播电视技术标准进行工程建设。
Radio stations and television stations approved for preparation shall carry out engineering construction in accordance with the construction procedures prescribed by the state and the technical standards for radio and television.
建成的广播电台、电视台,经国务院广播电视行政部门审查符合条件的,发给广播电台、电视台许可证。广播电台、电视台应当按照许可证载明的台名、台标、节目设置范围和节目套数等事项制作、播放节目。
For completed radio stations and television stations, if the radio and television administrative department of the State Council finds them to meet the conditions after examination, it shall issue a radio station or television station license. Radio stations and television stations shall produce and broadcast programs in accordance with the station name, station logo, program setting scope, and number of program sets specified in the license.
设区的市、自治州以上人民政府广播电视行政部门设立的广播电台、电视台或者设区的市、自治州以上人民政府教育行政部门设立的电视台变更台名、节目设置范围或者节目套数,省级以上人民政府广播电视行政部门设立的广播电台、电视台或者省级以上人民政府教育行政部门设立的电视台变更台标的,应当经国务院广播电视行政部门批准。县、不设区的市人民政府广播电视行政部门设立的广播电台、电视台变更台名、节目设置范围或者节目套数的,应当经省级人民政府广播电视行政部门批准。
If a radio station or television station established by the radio and television administrative department of the people's government at the level of cities divided into districts or autonomous prefectures or above, or a television station established by the education administrative department of the people's government at the level of cities divided into districts or autonomous prefectures or above, changes its station name, program setting scope, or number of program sets, or if a radio station or television station established by the radio and television administrative department of the people's government at the provincial level or above, or a television station established by the education administrative department of the people's government at the provincial level or above, changes its station logo, approval from the radio and television administrative department of the State Council shall be obtained. If a radio station or television station established by the radio and television administrative department of the people's government at the county level or above that is not divided into districts changes its station name, program setting scope, or number of program sets, approval from the radio and television administrative department of the provincial people's government shall be obtained.
广播电台、电视台不得出租、转让播出时段。
Radio stations and television stations shall not lease or transfer broadcasting time slots.
广播电台、电视台终止,应当按照原审批程序申报,其许可证由国务院广播电视行政部门收回。
When a radio station or television station terminates, it shall apply in accordance with the original approval procedures, and its license shall be retrieved by the radio and television administrative department of the State Council.
广播电台、电视台因特殊情况需要暂时停止播出的,应当经省级以上人民政府广播电视行政部门同意;未经批准,连续停止播出超过30日的,视为终止,应当依照前款规定办理有关手续。
If a radio or television station needs to temporarily suspend broadcasting due to special circumstances, it shall obtain the consent of the radio and television administrative department at or above the provincial level; if the suspension lasts for more than 30 consecutive days without approval, it shall be deemed as termination, and the relevant procedures shall be handled in accordance with the preceding paragraph.
乡、镇设立广播电视站的,由所在地县级以上人民政府广播电视行政部门负责审核,并按照国务院广播电视行政部门的有关规定审批。
The establishment of a radio and television station in a township or town shall be reviewed by the radio and television administrative department of the people's government at or above the county level where it is located, and approved in accordance with the relevant provisions of the radio and television administrative department of the State Council.
机关、部队、团体、企业事业单位设立有线广播电视站的,按照国务院有关规定审批。
The establishment of a cable radio and television station by a government organ, military unit, group, enterprise, or institution shall be approved in accordance with the relevant provisions of the State Council.
任何单位和个人不得冲击广播电台、电视台,不得损坏广播电台、电视台的设施,不得危害其安全播出。
No unit or individual may assault a radio or television station, damage its facilities, or endanger its safe broadcasting.
广播电视传输覆盖网
Radio and Television Transmission Coverage Network
国务院广播电视行政部门应当对全国广播电视传输覆盖网按照国家的统一标准实行统一规划,并实行分级建设和开发。县级以上地方人民政府广播电视行政部门应当按照国家有关规定,组建和管理本行政区域内的广播电视传输覆盖网。
The radio and television administrative department of the State Council shall carry out unified planning for the national radio and television transmission coverage network in accordance with national unified standards, and implement graded construction and development. The radio and television administrative department of the local people's government at or above the county level shall, in accordance with the relevant provisions of the State, establish and manage the radio and television transmission coverage network within its administrative region.
组建广播电视传输覆盖网,包括充分利用国家现有的公用通信等各种网络资源,应当确保广播电视节目传输质量和畅通。
The establishment of a radio and television transmission coverage network, including the full utilization of existing public communication networks and other network resources, shall ensure the transmission quality and smoothness of radio and television programs.
本条例所称广播电视传输覆盖网,由广播电视发射台、转播台(包括差转台、收转台,下同)、广播电视卫星、卫星上行站、卫星收转站、微波站、监测台(站)及有线广播电视传输覆盖网等构成。
The term 'radio and television transmission coverage network' as used in these Regulations consists of radio and television transmitting stations, relay stations (including transposer stations and receive-transmit stations, the same below), radio and television satellites, satellite uplink stations, satellite receive-transmit stations, microwave stations, monitoring stations (stations), and cable radio and television transmission coverage networks.
国务院广播电视行政部门负责指配广播电视专用频段的频率,并核发频率专用指配证明。
The radio and television administrative department of the State Council is responsible for assigning frequencies in the radio and television dedicated frequency band and issuing frequency assignment certificates.
设立广播电视发射台、转播台、微波站、卫星上行站,应当按照国家有关规定,持国务院广播电视行政部门核发的频率专用指配证明,向国家的或者省、自治区、直辖市的无线电管理机构办理审批手续,领取无线电台执照。
To establish a radio and television transmitting station, relay station, microwave station, or satellite uplink station, the unit shall, in accordance with the relevant provisions of the State, hold the frequency assignment certificate issued by the radio and television administrative department of the State Council, and go through the approval procedures with the radio regulatory authority of the State or the province, autonomous region, or municipality directly under the Central Government, and obtain a radio station license.
广播电视发射台、转播台应当按照国务院广播电视行政部门的有关规定发射、转播广播电视节目。
Radio and television transmission stations and relay stations shall transmit and relay radio and television programs in accordance with the relevant provisions of the radio and television administrative department of the State Council.
广播电视发射台、转播台经核准使用的频率、频段不得出租、转让,已经批准的各项技术参数不得擅自变更。
The frequencies and frequency bands approved for use by radio and television transmission stations and relay stations shall not be leased or transferred, and the approved technical parameters shall not be changed without authorization.
广播电视发射台、转播台不得擅自播放自办节目和插播广告。
Radio and television transmission stations and relay stations shall not broadcast self-produced programs or insert advertisements without authorization.
广播电视传输覆盖网的工程选址、设计、施工、安装,应当按照国家有关规定办理,并由依法取得相应资格证书的单位承担。
The engineering site selection, design, construction, and installation of radio and television transmission coverage networks shall be handled in accordance with the relevant provisions of the state, and shall be undertaken by units that have obtained corresponding qualification certificates according to law.
广播电视传输覆盖网的工程建设和使用的广播电视技术设备,应当符合国家标准、行业标准。工程竣工后,由广播电视行政部门组织验收,验收合格的,方可投入使用。
The engineering construction and the radio and television technical equipment used in radio and television transmission coverage networks shall comply with national standards and industry standards. After the project is completed, it shall be organized for acceptance by the radio and television administrative department, and it may be put into use only after passing the acceptance.
区域性有线广播电视传输覆盖网,由县级以上地方人民政府广播电视行政部门设立和管理。
Regional cable radio and television transmission coverage networks shall be established and managed by the radio and television administrative departments of local people's governments at or above the county level.
区域性有线广播电视传输覆盖网的规划、建设方案,由县级人民政府或者设区的市、自治州人民政府的广播电视行政部门报省、自治区、直辖市人民政府广播电视行政部门批准后实施,或者由省、自治区、直辖市人民政府广播电视行政部门报国务院广播电视行政部门批准后实施。
The planning and construction plans of regional cable radio and television transmission coverage networks shall be submitted by the radio and television administrative department of the county people's government or the people's government of a city divided into districts or an autonomous prefecture to the radio and television administrative department of the province, autonomous region, or municipality directly under the Central Government for approval before implementation, or submitted by the radio and television administrative department of the province, autonomous region, or municipality directly under the Central Government to the radio and television administrative department of the State Council for approval before implementation.
同一行政区域只能设立一个区域性有线广播电视传输覆盖网。有线电视站应当按照规划与区域性有线电视传输覆盖网联网。
Only one regional cable radio and television transmission coverage network may be established within the same administrative region. Cable television stations shall be connected to the regional cable television transmission coverage network in accordance with the plan.
未经批准,任何单位和个人不得擅自利用有线广播电视传输覆盖网播放节目。
Without approval, no unit or individual may use the cable radio and television transmission coverage network to broadcast programs without authorization.
传输广播电视节目的卫星空间段资源的管理和使用,应当符合国家有关规定。
The management and use of satellite space segment resources for transmitting radio and television programs shall comply with the relevant provisions of the state.
广播电台、电视台利用卫星方式传输广播电视节目,应当符合国家规定的条件,并经国务院广播电视行政部门审核批准。
Radio stations and television stations that use satellite methods to transmit radio and television programs shall meet the conditions prescribed by the state and obtain approval from the radio and television administrative department of the State Council.
安装和使用卫星广播电视地面接收设施,应当按照国家有关规定向省、自治区、直辖市人民政府广播电视行政部门申领许可证。进口境外卫星广播电视节目解码器、解压器及其他卫星广播电视地面接收设施,应当经国务院广播电视行政部门审查同意。
The installation and use of satellite television ground receiving facilities shall, in accordance with the relevant state regulations, apply to the radio and television administrative department of the province, autonomous region, or municipality directly under the Central Government for a license. The import of foreign satellite television program decoders, decompressors, and other satellite television ground receiving facilities shall be subject to review and approval by the radio and television administrative department of the State Council.
禁止任何单位和个人侵占、哄抢或者以其他方式破坏广播电视传输覆盖网的设施。
No unit or individual may occupy, loot, or otherwise damage the facilities of the radio and television transmission coverage network.
任何单位和个人不得侵占、干扰广播电视专用频率,不得擅自截传、干扰、解扰广播电视信号。
No unit or individual may occupy or interfere with dedicated radio and television frequencies, or arbitrarily intercept, interfere with, or descramble radio and television signals.
县级以上人民政府广播电视行政部门应当采取卫星传送、无线转播、有线广播、有线电视等多种方式,提高农村广播电视覆盖率。
The radio and television administrative departments of the people's governments at or above the county level shall adopt various methods such as satellite transmission, wireless relay, cable broadcasting, and cable television to increase the coverage rate of rural radio and television.
广播电视节目
Radio and Television Programs
广播电台、电视台应当按照国务院广播电视行政部门批准的节目设置范围开办节目。
Radio stations and television stations shall launch programs within the scope of program establishment approved by the radio and television administrative department of the State Council.
广播电视节目由广播电台、电视台和省级以上人民政府广播电视行政部门批准设立的广播电视节目制作经营单位制作。广播电台、电视台不得播放未取得广播电视节目制作经营许可的单位制作的广播电视节目。
Radio and television programs shall be produced by radio stations, television stations, and radio and television program production and operation units approved for establishment by the radio and television administrative departments of the people's governments at or above the provincial level. Radio stations and television stations shall not broadcast radio and television programs produced by units that have not obtained a radio and television program production and operation license.
广播电台、电视台应当提高广播电视节目质量,增加国产优秀节目数量,禁止制作、播放载有下列内容的节目:
Radio stations and television stations shall improve the quality of radio and television programs, increase the number of excellent domestic programs, and prohibit the production and broadcast of programs containing the following content:
(一)危害国家的统一、主权和领土完整的;
(1) Endangering the unity, sovereignty, and territorial integrity of the state;
(二)危害国家的安全、荣誉和利益的;
(2) Endangering the security, honor, or interests of the state;
(三)煽动民族分裂,破坏民族团结的;
(3) Inciting ethnic division or undermining ethnic unity;
(四)泄露国家秘密的;
(4) Disclosing state secrets;
(五)诽谤、侮辱他人的;
(5) Defaming or insulting others;
(六)宣扬淫秽、迷信或者渲染暴力的;
(6) Promoting obscenity, superstition, or glorifying violence;
(七)法律、行政法规规定禁止的其他内容。
(7) Other content prohibited by laws or administrative regulations.
广播电台、电视台对其播放的广播电视节目内容,应当依照本条例第三十二条的规定进行播前审查,重播重审。
Radio stations and television stations shall conduct pre-broadcast review of the content of their broadcast programs in accordance with Article 32 of these Regulations, and re-review for rebroadcasts.
广播电视新闻应当真实、公正。
Radio and television news shall be truthful and fair.
电视剧的制作和播出管理办法,由国务院广播电视行政部门规定。
The administrative measures for the production and broadcasting of TV dramas shall be stipulated by the radio and television administrative department of the State Council.
广播电台、电视台应当使用规范的语言文字。
Radio stations and television stations shall use standard spoken and written language.
广播电台、电视台应当推广全国通用的普通话。
Radio stations and television stations shall promote the nationwide common spoken Chinese (Putonghua).
地方广播电台、电视台或者广播电视站,应当按照国务院广播电视行政部门的有关规定转播广播电视节目。
Local radio stations, television stations, or radio and television stations shall relay radio and television programs in accordance with the relevant provisions of the radio and television administrative department of the State Council.
乡、镇设立的广播电视站不得自办电视节目。
Radio and television stations established in townships or towns shall not produce their own television programs.
广播电台、电视台应当按照节目预告播放广播电视节目;确需更换、调整原预告节目的,应当提前向公众告示。
Radio stations and television stations shall broadcast radio and television programs according to program schedules; if it is truly necessary to change or adjust the originally scheduled programs, they shall notify the public in advance.
用于广播电台、电视台播放的境外电影、电视剧,必须经国务院广播电视行政部门审查批准。用于广播电台、电视台播放的境外其他广播电视节目,必须经国务院广播电视行政部门或者其授权的机构审查批准。
Foreign films and television dramas to be broadcast by radio stations or television stations must be reviewed and approved by the radio and television administrative department of the State Council. Other foreign radio and television programs to be broadcast by radio stations or television stations must be reviewed and approved by the radio and television administrative department of the State Council or its authorized agency.
向境外提供的广播电视节目,应当按照国家有关规定向省级以上人民政府广播电视行政部门备案。
Radio and television programs provided to foreign countries shall be filed with the radio and television administrative department of the people's government at or above the provincial level in accordance with relevant state regulations.
广播电台、电视台播放境外广播电视节目的时间与广播电视节目总播放时间的比例,由国务院广播电视行政部门规定。
The proportion of time for broadcasting foreign radio and television programs to the total broadcasting time of radio and television programs by radio stations and television stations shall be stipulated by the radio and television administrative department of the State Council.
广播电台、电视台以卫星等传输方式进口、转播境外广播电视节目,必须经国务院广播电视行政部门批准。
Importing or relaying foreign radio and television programs by radio stations or television stations via satellite or other transmission methods must be approved by the radio and television administrative department of the State Council.
广播电台、电视台播放广告,不得超过国务院广播电视行政部门规定的时间。
The time for broadcasting advertisements by radio stations and television stations shall not exceed the time limit stipulated by the radio and television administrative department of the State Council.
广播电台、电视台应当播放公益性广告。
Radio stations and television stations shall broadcast public service advertisements.
国务院广播电视行政部门在特殊情况下,可以作出停止播出、更换特定节目或者指定转播特定节目的决定。
Under special circumstances, the radio and television administrative department of the State Council may decide to stop broadcasting, replace specific programs, or designate the relay of specific programs.
教育电视台应当按照国家有关规定播放各类教育教学节目,不得播放与教学内容无关的电影、电视片。
Educational television stations shall broadcast various educational and teaching programs in accordance with state regulations, and shall not broadcast movies or television films unrelated to teaching content.
举办国际性广播电视节目交流、交易活动,应当经国务院广播电视行政部门批准,并由指定的单位承办。举办国内区域性广播电视节目交流、交易活动,应当经举办地的省、自治区、直辖市人民政府广播电视行政部门批准,并由指定的单位承办。
Holding international radio and television program exchange and trading activities shall be approved by the radio and television administrative department of the State Council and shall be undertaken by designated units. Holding domestic regional radio and television program exchange and trading activities shall be approved by the radio and television administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government where the event is held, and shall be undertaken by designated units.
对享有著作权的广播电视节目的播放和使用,依照《中华人民共和国著作权法》的规定办理。
The broadcasting and use of radio and television programs with copyright shall be handled in accordance with the provisions of the Copyright Law of the People's Republic of China.
罚 则
Penalties
违反本条例规定,擅自设立广播电台、电视台、教育电视台、有线广播电视传输覆盖网、广播电视站的,由县级以上人民政府广播电视行政部门予以取缔,没收其从事违法活动的设备,并处投资总额1倍以上2倍以下的罚款。
Whoever, in violation of these Regulations, establishes a radio station, television station, educational television station, cable radio and television transmission coverage network, or radio and television station without authorization shall be banned by the radio and television administrative department of the people's government at or above the county level, the equipment used for the illegal activities shall be confiscated, and a fine of not less than one time but not more than two times the total investment shall be imposed.
擅自设立广播电视发射台、转播台、微波站、卫星上行站的,由县级以上人民政府广播电视行政部门予以取缔,没收其从事违法活动的设备,并处投资总额1倍以上2倍以下的罚款;或者由无线电管理机构依照国家无线电管理的有关规定予以处罚。
Whoever establishes a radio and television transmitting station, relay station, microwave station, or satellite uplink station without authorization shall be banned by the radio and television administrative department of the people's government at or above the county level, the equipment used for the illegal activities shall be confiscated, and a fine of not less than one time but not more than two times the total investment shall be imposed; or the radio regulatory authority shall impose penalties in accordance with the relevant provisions of the state on radio regulation.
违反本条例规定,擅自设立广播电视节目制作经营单位或者擅自制作广播电视节目的,由县级以上人民政府广播电视行政部门予以取缔,没收其从事违法活动的专用工具、设备和节目载体,并处1万元以上5万元以下的罚款。
Whoever, in violation of these Regulations, establishes a radio and television program production and operation unit without authorization or produces radio and television programs without authorization shall be banned by the radio and television administrative department of the people's government at or above the county level, the special tools, equipment, and program carriers used for the illegal activities shall be confiscated, and a fine of not less than 10,000 yuan but not more than 50,000 yuan shall be imposed.
违反本条例规定,制作、播放、向境外提供含有本条例第三十二条规定禁止内容的节目的,由县级以上人民政府广播电视行政部门责令停止制作、播放、向境外提供,收缴其节目载体,并处1万元以上5万元以下的罚款;情节严重的,由原批准机关吊销许可证;违反治安管理规定的,由公安机关依法给予治安管理处罚;构成犯罪的,依法追究刑事责任。
Whoever, in violation of these Regulations, produces, broadcasts, or provides to foreign countries programs containing content prohibited by Article 32 of these Regulations shall be ordered by the radio and television administrative department of the people's government at or above the county level to stop production, broadcasting, or provision to foreign countries, the program carriers shall be confiscated, and a fine of not less than 10,000 yuan but not more than 50,000 yuan shall be imposed; if the circumstances are serious, the original approving authority shall revoke the license; if the violation of public security administration regulations is involved, the public security organ shall impose public security administration penalties according to law; if a crime is constituted, criminal liability shall be investigated according to law.
违反本条例规定,有下列行为之一的,由县级以上人民政府广播电视行政部门责令停止违法活动,给予警告,没收违法所得,可以并处2万元以下的罚款;情节严重的,由原批准机关吊销许可证:
Whoever, in violation of these Regulations, commits any of the following acts shall be ordered by the radio and television administrative department of the people's government at or above the county level to stop the illegal activities, given a warning, the illegal gains shall be confiscated, and a fine of not more than 20,000 yuan may also be imposed; if the circumstances are serious, the original approving authority shall revoke the license:
(一)未经批准,擅自变更台名、台标、节目设置范围或者节目套数的;
(1) Changing the station name, station logo, program setting scope, or number of program channels without approval.
(二)出租、转让播出时段的;
(2) Renting or transferring broadcasting time slots.
(三)转播、播放广播电视节目违反规定的;
(3) Rebroadcasting or broadcasting radio and television programs in violation of regulations.
(四)播放境外广播电视节目或者广告的时间超出规定的;
(4) Broadcasting foreign radio and television programs or advertisements exceeding the prescribed time limit.
(五)播放未取得广播电视节目制作经营许可的单位制作的广播电视节目的;
(5) Broadcasting radio and television programs produced by units that have not obtained a license for radio and television program production and operation.
(六)播放未经批准的境外电影、电视剧和其他广播电视节目的;
(6) Broadcasting unapproved foreign films, TV series, and other radio and television programs.
(七)教育电视台播放本条例第四十四条规定禁止播放的节目的;
(7) Educational television stations broadcasting programs prohibited by Article 44 of these Regulations.
(八)未经批准,擅自举办广播电视节目交流、交易活动的。
(8) Organizing radio and television program exchange or trading activities without approval.
违反本条例规定,有下列行为之一的,由县级以上人民政府广播电视行政部门责令停止违法活动,给予警告,没收违法所得和从事违法活动的专用工具、设备,可以并处2万元以下的罚款;情节严重的,由原批准机关吊销许可证:
In violation of these Regulations, any of the following acts shall be ordered by the radio and television administrative department of the people's government at or above the county level to cease the illegal activity, given a warning, have the illegal income and special tools and equipment used for the illegal activity confiscated, and may be concurrently fined not more than 20,000 yuan; if the circumstances are serious, the license shall be revoked by the original approving authority:
(一)出租、转让频率、频段,擅自变更广播电视发射台、转播台技术参数的;
(1) Renting or transferring frequencies or frequency bands, or changing the technical parameters of radio and television transmitting stations or relay stations without approval.
(二)广播电视发射台、转播台擅自播放自办节目、插播广告的;
(2) Radio and television transmitting stations or relay stations that broadcast self-produced programs or insert advertisements without authorization;
(三)未经批准,擅自利用卫星方式传输广播电视节目的;
(3) Transmitting radio and television programs via satellite without approval;
(四)未经批准,擅自以卫星等传输方式进口、转播境外广播电视节目的;
(4) Importing or relaying foreign radio and television programs via satellite or other transmission methods without approval;
(五)未经批准,擅自利用有线广播电视传输覆盖网播放节目的;
(5) Broadcasting programs using the cable radio and television transmission coverage network without approval;
(六)未经批准,擅自进行广播电视传输覆盖网的工程选址、设计、施工、安装的;
(6) Conducting engineering site selection, design, construction, or installation of the radio and television transmission coverage network without approval;
(七)侵占、干扰广播电视专用频率,擅自截传、干扰、解扰广播电视信号的。
(7) Encroaching upon or interfering with dedicated radio and television frequencies, or intercepting, interfering with, or descrambling radio and television signals without authorization.
违反本条例规定,危害广播电台、电视台安全播出的,破坏广播电视设施的,由县级以上人民政府广播电视行政部门责令停止违法活动;情节严重的,处2万元以上5万元以下的罚款;造成损害的,侵害人应当依法赔偿损失;构成犯罪的,依法追究刑事责任。
Whoever violates these regulations, endangers the safe broadcasting of radio stations or television stations, or damages radio and television facilities, shall be ordered by the radio and television administrative department of the people's government at or above the county level to cease the illegal activities; if the circumstances are serious, a fine of not less than 20,000 yuan but not more than 50,000 yuan shall be imposed; if damage is caused, the infringer shall compensate for the losses according to law; if a crime is constituted, criminal liability shall be pursued according to law.
广播电视行政部门及其工作人员在广播电视管理工作中滥用职权、玩忽职守、徇私舞弊,构成犯罪的,依法追究刑事责任;尚不构成犯罪的,依法给予行政处分。
If radio and television administrative departments and their staff members abuse their power, neglect their duties, or engage in malpractice for personal gain in radio and television administration, and if a crime is constituted, criminal liability shall be pursued according to law; if no crime is constituted, administrative sanctions shall be imposed according to law.
附 则
Supplementary Provisions
本条例施行前已经设立的广播电台、电视台、教育电视台、广播电视发射台、转播台、广播电视节目制作经营单位,自本条例施行之日起6个月内,应当依照本条例的规定重新办理审核手续;不符合本条例规定的,予以撤销;已有的县级教育电视台可以与县级电视台合并,开办教育节目频道。
Radio stations, television stations, educational television stations, radio and television transmitting stations, relay stations, and radio and television program production and operation entities established before the implementation of these regulations shall, within six months from the date of implementation of these regulations, re-handle the review procedures in accordance with these regulations; those that do not meet the requirements of these regulations shall be abolished; existing county-level educational television stations may merge with county-level television stations to operate educational program channels.
本条例自1997年9月1日起施行。
These Regulations shall come into force as of September 1, 1997.