[policy interpretation] Establishment of differentiated management pattern of network audio-visual classification

recently, the State Administration of Press, publication, Radio, Film and Television issued the regulations on the Management of Private Network and directed Communication Audio and Audio Program Services, which creatively put forward the concept of "private network and targeted communication". From a management point of view, private network mobile TV, IPTV and Internet TV are classified into one category, which is distinguished from online video services on PC and mobile, and regulations are made on the two major types of business respectively.

introduction: IPTV and Internet TV content must be manageable and controllable, and the employment threshold and content standards should be consistent with radio and television, not with public Internet audio-visual services.

recently, the State Administration of Press, publication, Radio, Film and Television issued the regulations on the Administration of Private Network and directional Audio-visual Program Services (SARFT decree No. 6 of 2016). Some people call it "redefine the business form of new media", while others call it "the most important new media regulatory policy". The author believes that although there are many new references in this regulation, most of them upgrade the policies that have already been implemented to the level of departmental regulations of the General Administration, and there is no need to worry too much about the directional impact of this regulation on the industry.

< strong > clarify the classified management pattern of network audio-visual < / strong >

interpretation of order 6, first of all, we need to sort out the current situation of the domestic network audio-visual media industry, as well as a series of regulations and normative documents issued by the State Administration of Press, publication, Radio, Film and Television.

at present, domestic network audio-visual media probably have the following formats: online video (mainly including PC-side websites and mobile App), IPTV, Internet TV and mobile communication network mobile TV (that is, private network mobile TV). Online video is the most prosperous mainstream industry in the current network audio-visual media; since the launch of triple play, IPTV has continued to be popular under the promotion of the government and telecom operators; in the past three years, Internet TV has also developed explosively on the basis of mature technical conditions. Mobile communication network mobile TV refers to a format of broadcasting audio-visual programs through mobile communication networks. With the evolution of technology, its use experience is similar to that of online video mobile App for users. However, because its program richness is not obviously competitive compared with online video, it requires users to pay for value-added services to telecom operators, so although it has been profitable, the prospect is not optimistic by the industry.

in terms of network audio-visual management, as early as 2004, the former SARFT issued the measures for the Administration of Audio-visual programs spread through the Internet and other Information Networks (General Administration decree No. 39 of 2004). Order 39 makes it clear that it is necessary to hold a license to carry out relevant business, and the license for the dissemination of audio-visual programs on the information network shall be issued by the State Administration of Radio, Film and Television. The "information network communication audio-visual program service" mentioned in order 39 refers to the full service, the receiving terminal includes computer, television, mobile phone, etc., and the transmission network includes fixed network and mobile communication network. It also includes microwave communication network, cable television network, satellite and other metropolitan area network, wide area network, local area network, etc., and the types of services include broadcasting (including on-demand, broadcast, live broadcast), integration, transmission, etc. In the years after

39 came into effect, with the centralized establishment of a number of video websites, the network audio-visual industry developed rapidly. at the end of 2007, the former State Administration of Radio, Film and Television, together with the former Ministry of Information Industry, issued the regulations on the Administration of Internet Audio-visual Program Services (General Administration decree No. 56 of 2007). The "Internet audiovisual program service" referred to in order 56 refers to the production, editing, integration and provision of audio-visual programmes to the public through the Internet (including the mobile Internet), as well as the uploading and dissemination of audio-visual programme services for others. Compared with order 39, order 56 defines the receiving terminal and the transmission network in a relatively general way. In view of the fact that this regulation is jointly issued by the two ministries, the term "Internet" here should be in a narrow sense, in other words, order 56 is mainly set up for public Internet online video services on PC and mobile, and does not apply to the management of dedicated mobile TV, IPTV, Internet TV and other forms of business.

order 56 has become the main management basis for online video business. As other forms of business are in the ascendant, order 39 is temporarily used as the management basis for "backing up". After 2010, with the rise of IPTV and Internet TV, the outline requirements of order 39 are not specific enough, so SARFT has repeatedly managed the rapid development of IPTV and Internet TV by issuing normative documents, policy communication, special actions and so on. This mode of management can respond more quickly to the new situation in the development of the industry, but the important management system must be confirmed through the legislative process. The promulgation of order 6 clearly defines the policies that have been implemented in the departmental regulations of the State Administration of Press, publication, Radio, Film and Television.

after the implementation of order 6, the original order 39 was repealed at the same time, but the scope of application of the two regulations is different. The scope of application of order 6 is to "take television sets and all kinds of handheld electronic devices as receiving terminals, set up virtual private networks through local area networks and the Internet, or take information networks such as the Internet as directional transmission channels." the activity of providing audio-visual program services such as radio and television programs to the public. Although the words are mouthful, but specific to the format, it mainly refers to IPTV, Internet TV and private network mobile TV at present. In the specific contents of the revised draft of order 39 published in June 2015, the predecessor of order 6, it can be clearly seen that the position of the General Administration on the revised version of order 39 is no longer a full-service standard, but a regulation specifically for IPTV, Internet television and other services. However, the title of "measures for the Administration of Audio-visual programs disseminated by the Internet and other Information Networks" still makes people wonder whether the regulation is applicable to online video business. Order 6 creatively uses the concept of "private network and directional communication", in which "private network" is "mobile communication private network", and "directional communication" is specially designed for IPTV, Internet television and other industries that are transmitted through the public Internet, but the content transmission is directional and limited. It can be said that the promulgation of order 6 has established a new pattern of classified management of network audio-visual media at the legislative level.

< strong > "Private Network and targeted Communication" services continue to be strictly managed < / strong >

order 6 distinguishes "private network and targeted communication" services from online video services applicable to order 56. The key lies in the difference in management standards between the two. Most of these differences are not new requirements, but have been implemented in the actual management in the past, and this time they are confirmed in the form of departmental regulations.

in the years of the rapid development of IPTV and Internet television, an important principle has been clarified, that is, the content of IPTV and Internet television must be manageable and controllable, and the employment threshold and content standards should be consistent with radio and television, not with public Internet audio-visual services. As the future of private network mobile TV is not optimistic, at this stage, order 6 is mainly set up for IPTV and Internet TV, and it is classified into one category to make strict requirements, and the main purpose is to "preserve the pure land of TV sets." In the body of the revised draft of order 39, the predecessor of order 6, the term "network radio and television" was used to summarize the above types of business. It is obvious that although they belong to the same network audio-visual media, unlike online video, IPTV, Internet TV and private mobile TV are closer to traditional radio and television in the official management ideas.

in terms of the number and nature of institutions, there are now more than 600 organizations with "license for audio-visual programs of information network dissemination" to engage in online video services, including radio stations, television stations, newspapers and media, as well as many private enterprises. In fact, leading websites in the industry, such as Youku and iqiyi, fall into this category. By contrast, there are 7 Internet TV integrated service organizations and 15 content service organizations; only one IPTV integrated broadcast and control organization, only 2 content service organizations, and 6 dedicated mobile TV integrated broadcast and control organizations. The above three types of business license holders are radio and television broadcasting institutions at or above the provincial level. No matter in terms of quantity or the nature of institutions, the entry threshold for services such as "private network and targeted communication" is obviously strict. For the establishment of new service institutions, order 56 requires online video service providers to obtain a "license for the dissemination of audio-visual programs on the information network" or perform (ICP) filing procedures. On the other hand, for services such as "private network and targeted communication", order 6 clearly requires that it must be licensed and can only be applied by radio and television broadcasters, and the new regulations require convergence with the existing situation.

although the employment threshold is strictly controlled, in terms of specific business operations, order 6 also reserves room for extensive cooperation in the industry. Article 10 mentions: "where a private network or directional audio-visual program service unit adopts a joint venture or cooperation mode to carry out operational business such as program production, purchase and marketing, advertising, marketing, commercial cooperation, receipt and payment settlement, technical services, etc., it shall be filed with the original license issuing authority within 15 days after the signing of the joint venture or cooperation agreement." At present, a number of Internet TV integrated platforms have cooperative relations with video websites and other institutions in terms of content and hardware, and IPTV integrated broadcast control platform also has many types of cooperation with telecom operators. The above requirements can be regarded as recognition of this cooperation-as long as the cooperation conforms to the norms.

in addition, some of the old policies reaffirmed in order 6 have not been implemented properly in the past. For example, "the special network and directional audio-visual program service units mentioned in Article 14 shall be standardized and docked with each other in accordance with the management regulations and relevant standards of the radio, film and television departments." and the "integrated broadcast control service unit mentioned in Article 20 is responsible for the unified integration and broadcast monitoring of the programs broadcast by the content service units." Responsible for electronic program guide (EPG), client, billing, copyright and other management ", there is a lack of implementation in the IPTV business operation. It is worth further observation whether the above situation can be effectively regulated after the triple play has entered a comprehensive promotion period and the relevant requirements have been reiterated in order No. 6.

Edit: vian