Thinking about the risk of short video violations caused by double penalties for law enforcement videos produced by law firms

Hot spot of current affairs

On November 1, the WeChat official account of the National "Anti pornography and Anti illegal" Working Group Office published an article titled "Unauthorized production of radio and television programs, Beijing will be investigated", which aroused widespread concern.

Upon investigation, on September 26, 2021, the Beijing Municipal Bureau of Culture and Tourism issued a punishment decision (Jing) Wen Jian Ye Ye (2021) No. 300029, imposing a warning and a fine of RMB 3000 on a law firm in Beijing for engaging in Internet audio-visual program services without authorization, in accordance with Article 24, Paragraph 1, of the "Regulations on the Administration of Internet Audiovisual Program Services"; According to Article 48 of the "Regulations on the Administration of Radio and Television", a punishment of confiscating two CDs of program carriers and imposing a fine of 10000 yuan on the law firm's unauthorized establishment of a production and operation unit for radio and television programs or unauthorized production of radio and television programs has been issued in accordance with the (Beijing) Law Enforcement [2021] No. 300039 Penalty Decision.

Legal Analysis

In the current era of short video blowout and brutal development, the case of the law enforcement video produced by the law firm being punished has caused many discussions and reflections. Whether it is legal to upload video and audio programs to our media accounts, and what types of videos belong to "radio and television programs" that cannot be produced without authorization? This article analyzes from the following aspects.

（1） About Engaging in Internet Audiovisual Program Services

1. Legal provisions

Article 2 of the Regulations on the Administration of Internet Audiovisual Program Services stipulates: "The term" Internet Audiovisual Program Services "as used in these regulations refers to activities that produce, edit, integrate, and provide video and audio programs to the public through the Internet, as well as provide services for uploading and disseminating audio and video programs to others."

Article 7 stipulates: "To engage in internet audio-visual program services, one shall obtain a License for Information Network Dissemination of Audiovisual Programs issued by the competent department of radio, film, and television or go through the filing procedures in accordance with these regulations. Without obtaining a License issued by the competent department of radio, film, and television or going through the filing procedures in accordance with these regulations, no unit or individual shall engage in internet audio-visual program services."

Article 9 stipulates: "Those engaged in audio-visual services such as hosting, interviewing, and reporting shall, in addition to complying with the provisions of Article 8 of these regulations, also hold a radio and television program production and operation license and an Internet news and information service license.".

2. Basis for punishment of the law firm

The law firm violated the aforementioned provisions by providing its own video programs to the public through its official website without obtaining a "License for Information Network Communication Audiovisual Programs" or performing the filing procedures. Therefore, the Beijing Municipal Bureau of Culture and Tourism, in accordance with Article 24, Paragraph 1, of the Regulations on the Administration of Internet Audiovisual Program Services, "Whoever engages in Internet Audiovisual program services without authorization shall be warned and ordered to make corrections by the competent department of radio, film, and television at or above the county level, and may also be fined not more than 30000 yuan." The law firm shall be punished.
3. Whether uploading video and audio programs to our media account is legal

In the era of We Media, do relevant institutions and individuals need to obtain the above-mentioned "Information Network Communication Audio Visual Program License" to upload audio and video programs through WeChat official account, Tiktok, Station B, Weibo and other media accounts? Is it legal to upload video and audio programs without obtaining a license? According to relevant regulations, there are two situations:

First, institutions that use microblog account, WeChat official account and other social applications to carry out Internet audio-visual program services on the network platform and have held the License for Information Network Communication of Audiovisual Programs shall carry out business in accordance with the requirements of the license.

Second, institutions and individuals who do not hold the Information Network Communication Audio visual Program License use microblog accounts, WeChat official account and other social applications to carry out Internet audiovisual program services. The network platform should be the main provider of this service, and perform various management responsibilities such as content control on program content according to the requirements of audiovisual program management. The program scope should not exceed the business scope specified in the platform's own license.

Therefore, because relevant network platforms have obtained the "Information Network Dissemination Audiovisual Program License", they can provide others with the service of uploading and disseminating audio-visual programs. Institutions and individuals (such as Internet users and self media) who do not hold the "Information Network Dissemination Audiovisual Program License" can also upload and disseminate audio-visual programs through websites with the qualification for information network dissemination audio-visual programs, and their behavior is not illegal. For example, in the above case, if the law firm produces ordinary popular law videos that do not constitute broadcast television programs, they can be published on websites with information network communication audio-visual program licensing qualifications.

4. Special requirements for audiovisual services such as hosting, interviewing, and reporting

Article 9 of the Regulations on the Administration of Internet Audiovisual Program Services stipulates: "Those engaged in audiovisual services such as hosting, interviewing, and reporting shall, in addition to complying with the provisions of Article 8 of these Regulations, also hold a radio and television program production and operation license and an Internet news information service license. That is, in addition to holding a radio and television program production and operation license, they shall also produce, edit, integrate, and provide hosting, interviewing, and reporting programs to the public through the Internet." In addition to the "Information Network Communication Audiovisual Program License", it is also necessary to obtain a "Radio and Television Program Production and Operation License" and "Internet News Information Service License". Otherwise, whether it is published on its own official website or on a network platform with an audio-visual program license, it is illegal.
（2） About Making Radio and TV Programs

1. Legal provisions

China implements a strict control system for radio and television programs, and a licensing system is implemented for the production entities and business activities of radio and television programs. According to the Regulations on the Administration of Radio and Television and the Regulations on the Administration of the Production and Operation of Radio and Television Programs, the production entities of radio and television programs are limited to radio stations, television stations, and radio and television program production and operation units established with the approval of the radio and television administrative departments of the people's governments at or above the provincial level, and a Radio and Television Program Production and Operation License should be obtained.

2. Basis of punishment

A law firm in Beijing has violated the aforementioned licensing system for radio and television programs by producing programs in the form of hosting, interviewing, and speaking, as well as commenting on political and social events or topics, without obtaining any radio and television program production or business license. Therefore, the Beijing Municipal Bureau of Culture and Tourism has imposed a penalty on the law firm for suspected illegal acts of producing radio and television programs without authorization in accordance with Article 48 of the Regulations on the Administration of Radio and Television.

3. What type of video belongs to radio and television programs

Generally, short videos released by Internet users and self media on network platforms do not constitute "broadcast TV programs.". Most of the information they post is a record of what has happened, experienced, or is about to happen around them. Most videos capture their daily lives, or their own life and work status. Tourism photography does not have the traditional "media" effect, but simply records their work and life status.

It should be noted that some short videos produced and released by netizens and self media with multiple characters and complex plots may have potential risks of violating laws and regulations, and may be suspected of constituting a film and television short drama and being punished by law enforcement. In the above-mentioned cases, the video produced by the law firm includes a host, interview footage, and several professional lawyer discussion footage. Such videos are similar to those hosted by television stations or social interview programs, and are considered to constitute radio and television programs.

Industry · New Deal

1. The State Administration of Radio, Film and Television (SARFT) issued Order No. 11 "Regulations on Administrative Penalty Procedures for Radio and Television"

The "Regulations on Administrative Penalty Procedures for Radio, Film, and Television" covers a total of 55 items, mainly including a comprehensive revision of the current "Interim Regulations on Administrative Penalty Procedures for Radio, Film, and Television" (Order No. 20 of the Ministry of Radio, Film, and Television) issued on December 19, 1996, which will come into effect on December 10, 2021. The newly revised "Administrative Penalty Law" stipulates that the implementation of radio and television administrative penalties must be based on laws, regulations, and rules, and deletes the provisions that normative documents can be used as a basis; "For those who involve the life, health, and financial safety of citizens and have harmful consequences, the period of accountability shall be extended to five years;"; In addition, the "three systems" of administrative law enforcement publicity system, the entire process record system of administrative law enforcement, and the legal review system of major law enforcement decisions have also been added.
On December 15th, the China Network Audiovisual Program Service Association released the "Detailed Rules for the Auditing Standards of Short Video Content on the Internet" (2021)

The Detailed Rules for the Review of Short Video Content on the Internet address the new manifestations of widespread entertainment, vulgarity, and kitsch, which are highly concerned by society, as well as typical prominent issues such as the deterioration of public opinion ecology due to widespread entertainment, the use of minors to produce harmful programs, the illegal dissemination of radio, television, and online audio-visual program fragments, and the unauthorized introduction and broadcasting of overseas programs, It provides more specific and clear work guidance for frontline reviewers of various short video platforms.