Focus on recordal policy for key online films and dramas

In December 2018, the General Office of the National Radio and Television Administration issued the Notice on Upgrading the Information Recordal System for Online Audio-Visual Programmes. The notice makes adjustments to such recordal regulatory items as the recordal entity and procedure for key online films and dramas, recordal reviews, etc. This column examines the most recent revised recordal regulatory policies governing Chinese-produced key online films and dramas.

Scope of “key online films and dramas”. Pursuant to the notice, online dramas and online animations with an investment exceeding RMB5 million (US$745,000), and online films with an investment exceeding RMB1 million, will be subject to regulation by way of recordal as the key online films and dramas. Key online films and dramas are listed exhaustively in the notice (i.e., all items are listed), including only three types (online dramas, online animations and online films), while excluding online variety shows and other online audio-visual programmes. However, it should be noted that current laws do not expressly define such terms as “online drama”, “online film”, etc.

Recordal entity. Pursuant to the notice, the recordal entity for key online films and dramas is its production organization. Currently, an online audio-visual service entity (the platform) that produces online films and dramas, and broadcasts them on its website, is additionally required to secure a radio and television programme production permit and an audio-visual service permit (AVSP); other entities that produce online films and dramas are required to secure a radio and television programme production permit pursuant to the law.

Tao Shan and Zhu Zhitong are partners at Hylands Law Firm

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