Internet content providers, such as BBS and other user-generated sites, are directly
responsible for what is published on their services. 98 All services providing Internet
users with information that fail sufficiently to monitor their Web sites and report violations, or that produce, publish, or distribute harmful information, face fines and
other serious consequences, including shutdown, criminal liability, and license revocation. 99 The government has used this approach to bring social media like video-sharing
sites in line with the larger governing framework for Internet content regulation. The
Provisions on the Management of Internet Audio and Video Programming Services
(‘‘Video Regulations’’), effective January 1, 2008, were a further refinement of the
government’s attempt to create a sustainable ‘‘walled garden’’ of self-policed locallanguage content for the Chinese cybersphere. 100 Jointly issued by the broadcast media
regulator the State Administration of Radio, Film, and Television (SARFT) and the MII,
the regulations require video service providers that produce their own content to
obtain both a broadcast production license and rarely issued Internet news information services licenses, which are regulated by the MII, 101 thus carrying forward the
model introduced in the Internet News Regulations. Just as unlicensed service providers may not upload or transmit content for anyone, they are also prohibited from
allowing any individuals to upload content pertaining to ‘‘current events’’ news. 102
In addition to the types of illegal content routinely proscribed in Internet regulations, SARFT issued a notice on March 30, 2009, detailing 21 unusually specific and
wide-ranging additional content categories that online video providers should edit or
delete. 103 These include distortions of Chinese culture and history; disparaging depictions of revolutionary leaders, heroes, police, army, or judiciary; depictions of torture;
mocking depictions of catastrophe, including major natural disasters; excessively
frightening images and sound effects; and ‘‘sexually suggestive or provocative content
that leads to sexual thoughts.’’ 104 The notice also mandates providers to improve their
content administration systems by hiring personnel to review and filter content, especially online music videos and other video entertainment, original content, and even
netizen reporters (paike). 105
For the first time, individuals are singled out in the Video Regulations, so that ‘‘primary investors’’ and ‘‘managers’’ can be fined up to RMB 20,000 or barred from engaging in similar services for five years for violations such as not sufficiently policing
content or changing shareholders without going through specified procedures. 106
Implementation of these regulations has been uneven, a trademark of many laws in
China. A significant degree of uncertainty was also created by the inaugural requirement that online video service providers be either wholly state owned (as defined in
Article 65 of the 2005 Company Law) or entities where the state holds the controlling
interest, until the government clarified in February 2008 that this provision did not
apply to already established Web sites. 107 Initially, 25 video-sharing portals were
shut down (including 56.com), and another 32 video-sharing Web sites including
China
459
responsible for what is published on their services. 98 All services providing Internet
users with information that fail sufficiently to monitor their Web sites and report violations, or that produce, publish, or distribute harmful information, face fines and
other serious consequences, including shutdown, criminal liability, and license revocation. 99 The government has used this approach to bring social media like video-sharing
sites in line with the larger governing framework for Internet content regulation. The
Provisions on the Management of Internet Audio and Video Programming Services
(‘‘Video Regulations’’), effective January 1, 2008, were a further refinement of the
government’s attempt to create a sustainable ‘‘walled garden’’ of self-policed locallanguage content for the Chinese cybersphere. 100 Jointly issued by the broadcast media
regulator the State Administration of Radio, Film, and Television (SARFT) and the MII,
the regulations require video service providers that produce their own content to
obtain both a broadcast production license and rarely issued Internet news information services licenses, which are regulated by the MII, 101 thus carrying forward the
model introduced in the Internet News Regulations. Just as unlicensed service providers may not upload or transmit content for anyone, they are also prohibited from
allowing any individuals to upload content pertaining to ‘‘current events’’ news. 102
In addition to the types of illegal content routinely proscribed in Internet regulations, SARFT issued a notice on March 30, 2009, detailing 21 unusually specific and
wide-ranging additional content categories that online video providers should edit or
delete. 103 These include distortions of Chinese culture and history; disparaging depictions of revolutionary leaders, heroes, police, army, or judiciary; depictions of torture;
mocking depictions of catastrophe, including major natural disasters; excessively
frightening images and sound effects; and ‘‘sexually suggestive or provocative content
that leads to sexual thoughts.’’ 104 The notice also mandates providers to improve their
content administration systems by hiring personnel to review and filter content, especially online music videos and other video entertainment, original content, and even
netizen reporters (paike). 105
For the first time, individuals are singled out in the Video Regulations, so that ‘‘primary investors’’ and ‘‘managers’’ can be fined up to RMB 20,000 or barred from engaging in similar services for five years for violations such as not sufficiently policing
content or changing shareholders without going through specified procedures. 106
Implementation of these regulations has been uneven, a trademark of many laws in
China. A significant degree of uncertainty was also created by the inaugural requirement that online video service providers be either wholly state owned (as defined in
Article 65 of the 2005 Company Law) or entities where the state holds the controlling
interest, until the government clarified in February 2008 that this provision did not
apply to already established Web sites. 107 Initially, 25 video-sharing portals were
shut down (including 56.com), and another 32 video-sharing Web sites including
China
459