Interpretation of the Film Law: Non-grading censorship standards will be announced

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For overseas films, Article 19 of the draft stipulates that "Enterprises, other organizations and individuals shall not undertake the processing and post-production business of overseas films that contain content that harms my country's national honor and interests, endangers social stability, and harms national sentiments." Article 5 of the draft stipulates: "People's governments at or above the county level shall incorporate the development of the film industry into their national economic and social development plans.

The

draft is called "the first Law of Chinese Film" by the media, which is about to change the situation that Chinese films have "no law to follow". The draft did not deal with the issue of "film classification", which was generally concerned by public opinion before.

on October 30th, the standing Committee of the National people's Congress deliberated for the first time the draft Law on the Promotion of the Film Industry (hereinafter referred to as the "draft"). On November 6th, the full text of the draft was published and public opinions were solicited. The draft is called "the first Law of Chinese Film" by the media, which is about to change the situation of "no law to follow" in Chinese films.

the Film Administration regulations of the State Council came into force on February 1, 2002, and then, in 2003, the draft began to be drafted for more than 12 years. During this period, China's film industry has grown by leaps and bounds, with the box office rising from less than 1 billion yuan a year to nearly 30 billion yuan in 2014 (exceeding 33 billion in the first three quarters of 2015), and the annual production of films from less than 100 to more than 600. the number of screens has grown from less than 2000 to 29000, and the film market reached 65 billion yuan in 2014.

there is no doubt that this law will have an important impact on the future development of Chinese films. Before that, let's take a look at what the draft contains and what people in the industry say.

support: "with great benefits, the film industry will be unprecedentedly prosperous."

Article 5 of the draft stipulates: "the people's governments at or above the county level shall incorporate the development of the film industry into their national economic and social development plans."

Article 39 of the draft

famous film researcher Yu Yong said in an interview that this policy alone is not enough to give life to many old cinemas in third-and fourth-tier cities. At present, the number of screens in China's film market is nearly saturated, and most of the young people who are the main consumers work in big cities, although they will short-term drive the box office in third-and fourth-tier cities during the long holidays of National Day and Spring Festival. however, if you want to stimulate the consumption of local people, you must cooperate with the preferential ticket policy at the same time.

the scope of government support for films also covers finance, taxation, finance, land use, talent and many other aspects. Some people in the industry are encouraged by these provisions: "this means that from now on, films will not only be 'little things' to entertain the public, no longer 'children's games' and will no longer be dispensable." but will be treated as a 'major event' of national economic and social development. Up to the central departments, down to the local government, all unprecedented attention, the film industry will usher in unprecedented prosperity. " Article 40 of the draft

stipulates: "the state encourages financial institutions to provide financing services for engaging in film activities and improving film infrastructure, to carry out film-related intellectual property pledge business in accordance with the law, and to support the development of the film industry in terms of credit."

"I have friends in real estate who have completely abandoned the real estate industry and joined the film and television industry." Chen Jingzhi, chairman of Beijing Matt Culture and Entertainment Media Co., Ltd., said. In his view, the introduction of the draft itself has the effect of boosting the atmosphere in the industry. "it is already a great advantage to have laws to follow, which can add a whip to the already rapid development of the film industry, and capital and capital will continue to pour in."

decentralization: lowering the industrial threshold, ordinary people can participate

as far as capital is concerned, a good policy tilt will allow more mature enterprises and institutions to enter at ease, but what about us ordinary people? The draft is also written.

in its explanation of the draft, the National people's Congress said that there is no new administrative examination and approval for the draft, while two items of administrative examination and approval are cancelled and five items of administrative examination and approval are delegated.

in order to encourage more social forces to enter the film market, the draft specifically cancels the "Film production license (single Film)". This means that as long as there are film production funds, personnel organizations or individuals, approved by the provincial government departments to issue a "film production license", they can make films. The draft also makes it clear that the script review of general themes will be cancelled, and the outline of the script will only need to be submitted to the relevant competent authorities for the record.

Yu Yong says that from the time when only studios were able to make films, to buying and selling "factory labels", to major studios like Huayi and Lightning, which imitated the Hollywood model, to now encouraging enterprises and even non-film enterprises and individuals to make films, this shows that the state has made great efforts and determination to promote the development of the film industry.

reducing policy complexity and decentralization is a great benefit not only for mature film production organizations, but also for ordinary people.

an Yugang, general manager of Beijing Film Company World Culture Communication Co., Ltd., approved of decentralization: "because it also lowers the threshold for entry into the film industry, like ordinary people, can also participate."

"but for one thing, we don't get a lot of people going to the cinema." An Yugang said, "this is because ordinary people's participation in the film industry is not high. Now devolving power and lowering the threshold can not only absorb more capital and capital, but also encourage the participation of the common people, which is also a great benefit to enhance the energy of the entire industry. "

Supervision: cinemas can be fined 500000 yuan for box office theft

Article 49 stipulates: "if cinemas fail to truthfully count their sales revenue, the competent film department of the people's government at the county level shall impose a fine of not less than 50,000 yuan and not more than 500000 yuan; if the circumstances are serious, they shall be ordered to suspend business for rectification; if the circumstances are especially serious, the license shall be revoked by the original license issuing authority."

"stealing the box office" has always been an incurable disease in the film industry. An Yugang said: "it is indeed a good move to punish and deter 'box office theft' in the form of legislation. It's only 500000. Isn't it a little light? "

it is true that movies now earn hundreds of millions of dollars at the box office. According to the current sharing policy, cinemas will receive nearly 50% of the box office share. It's just that the sharing of each film will be different, more or less different, in order to benefit more, many cinemas will take risks and steal more of the box office by "handwritten tickets", "altered tickets" and so on. But since it has been stolen, it will not only be for the benefit of tens of thousands of dollars, and where can the online fine of only 500000 be punished?

"wouldn't it be the same if your license is revoked and you open another one?" An Yugang said, "according to foreign policy, it must be punished to lose everything, which is enough to deter it."

in addition to stealing the box office, punishment mechanisms are also mentioned in the draft for screenings and distributions. however, with regard to these punishment mechanisms, Chen Xiaozhi also said, "the symbolic meaning of these punishments is indeed good, but I am afraid it is still very difficult to implement. After all, in today's film industry, piracy and infringement can be found everywhere. It is a good thing to have laws to follow, but who will enforce them? How do you implement it? It remains to be made clear. "

Censorship: the specific standards of film censorship will be published to the public

Article 4 of the Film Industry Promotion Law stipulates: "the freedom of film creation shall be respected. The state guarantees the freedom of film creation. " The second chapter of the draft

clearly expounds the guiding principles of film creation and production. Article 20 of the draft clearly stipulates eight items that "shall not be contained". Compared with the previous "Film Administration regulations" of the 10 "prohibited" content, although less than 2, but also more specific and strict. Article 21 of the draft

stipulates that "the department in charge of film under the State Council shall formulate and improve specific standards for film censorship and publish them to the public." To formulate and improve the specific standards for film censorship, we should solicit opinions from the public and organize experts to demonstrate them. " This is undoubtedly a step forward.

Article 25 of the draft

clearly stipulates the partners of co-production: "Cooperative enterprises and other organizations that have engaged in activities that harm the honor and interests of our country, endanger social stability, or hurt national feelings shall not be approved." With regard to overseas films, Article 19 of the draft stipulates that "enterprises, other organizations and individuals shall not undertake the business of developing, printing and post-production of overseas films that harm the honor and interests of our country, endanger social stability, hurt national feelings, and so on." The explanation of the draft

clearly states: "at present, the task of resisting the erosion of decadent culture and maintaining cultural security is still very arduous, and it is necessary to improve the film content supervision system and measures to further play the positive guiding role of the film."

the draft does not deal with the issue of "film classification", which was generally concerned by public opinion before.

Edit: vian