Ministry of Culture: Online music must be reviewed before it can be launched

Cultural departments (bureaus) of provinces, autonomous regions and municipalities directly under the Central Government, Cultural Radio and Television Bureau of Xinjiang production and Construction Corps, Xizang Autonomous region, Beijing, Tianjin, Shanghai, Chongqing Cultural Market Administration (Comprehensive) Law Enforcement Corps:

to promote the construction of online cultural content. To improve the management and service level and promote the healthy development of the online music industry, according to the interim provisions on the Administration of Internet Culture (decree No. 51 of the Ministry of Culture) and the measures for the Administration of content self-examination of Network Cultural Management Units (Wen Shifa [2013] No. 39), it is hereby notified that the work of further strengthening and improving the management of online music content is as follows:

1. The management of online music content shall be audited independently by enterprises.

the network music management unit should follow the principle of "who operates, who is responsible", adhere to the unity of social and economic benefits, and give priority to social benefits. earnestly fulfill the responsibility of the main body of the content audit, be responsible for the content audit of the network music to be provided, and operate online only after the examination and approval.

Cultural administrative departments and comprehensive law enforcement agencies of the cultural market should strengthen guidance and supervision over the self-examination work of enterprises, strengthen daily inspection and random random inspection of the online music market, establish credit management systems such as warning lists and blacklists in the online music market, and strengthen supervision after the event.

II. Strictly implement the self-examination system of network music content, strengthen the subject responsibility of network music business units

(1) Network music business units shall strictly follow the standards and norms such as the measures for the Administration of content self-examination of Network Culture Business Units and the guidelines for the examination of Network Music content, carry out the audit of network music content in their own units, and establish internal work flow and responsibility system Strictly shut down the content to ensure that the content of online music is legal.

Internet music business units that provide network platform (space) for netizens to create, perform and upload personal music shall establish a real-time supervision system for this network platform (space), and dispose of the illegal content immediately.

(2) the network music business unit shall report its content management system, department setup, personnel allocation, work responsibilities, examination process, work standards, etc. through the National Cultural Market Technical Supervision and Service platform (hereinafter referred to as "Supervision and Service platform") to the local provincial cultural administrative department for the record. The newly established unit shall, within 30 days from the date of obtaining the Network Culture Operation license, complete the filing of the above contents before providing services to the public.

(3) online music business units shall, before the end of the first month of each quarter, submit the relevant information about the self-examination of online music content in the previous quarter to the Ministry of Culture for the record through the "Supervision and Service platform". The contents of the filing include: the overall situation of the self-examination of the content, the number of online music examined (including approved and unapproved, the same below), the audited list of online music tracks (including track names, copyright companies, songwriters, performers) and other information. The content of the online music business unit that provides the network platform (space) service is the real-time transportation supervision of this website, the discovery and disposal of problems, and so on. The network music management unit shall be responsible for the authenticity and legality of the submitted information.

(4) if it is difficult for an online music business unit to determine whether the online music content is legal or not, it may apply to the cultural administrative department at or above the provincial level for administrative guidance, and the cultural administrative department shall reply within 7 working days after receiving the application.

III. Strengthen business guidance and supervision after events to promote the healthy development of the online music industry

(1) the Ministry of Culture is responsible for the overall guidance for the examination of online music content. Responsible for the formulation and publication of online music content audit guidelines and other standards and norms, the preparation of content audit training courses, responsible for the final determination of the legality of online music content Responsible for the establishment of warning list and blacklist and other online music market credit management system.

(2) the cultural administrative departments at the provincial level shall be responsible for specifically guiding and supervising the network music business units to carry out self-examination, including guiding enterprises to train self-examiners, randomly checking and verifying the implementation of the enterprise self-examination system, and providing administrative guidance for the self-examination of network music content. The cultural administrative department at or above the provincial level may, according to the needs, set up a content examination expert committee to put forward opinions on the legality of online music content according to the examination opinions of the expert committee.

(3) Cultural administrative departments at all levels and comprehensive law enforcement agencies of the cultural market should strengthen the guidance and inspection of the online music market and the supervision and law enforcement work afterwards. Do a good job in the guidance, service and daily supervision of the online music business units within the jurisdiction, establish a system of inspection and random inspection of the online music market, investigate and deal with violations of laws and regulations and related responsible units in accordance with the law, be responsible for implementing the credit management system of the online music market, such as warning lists and blacklists.

(4) Trade associations and other social organizations should, under the guidance of cultural administrative departments, give full play to the role of communication bridge between enterprises and the government, take the initiative to strengthen industry self-discipline, formulate industry standards and management norms, carry out industry training, and promote law-abiding operation of enterprises.

the term "network music" as mentioned in this notice refers to music products spread through the information network, including songs, music and music videos (MV) with pictures as auxiliary means of music products. The network music management unit refers to the operating Internet cultural unit engaged in the network music service.

this circular shall enter into force as of January 1, 2016. Online music business units have submitted relevant information on online music self-examination since April 1, 2016. If other documents are inconsistent with this circular, this circular shall prevail.

hereby notify.

Ministry of Culture

October 23, 2015

Editor: yvonne