Article 39.  Those violating the present Provisions by taking unauthorized actions to establish pay channels or engaging in pay channel activities shall be banned and the equipment used for the illegal activities shall be confiscated.  A fine shall be imposed by the administrative departments of radio and television above the county level of more than 1 time but less than 2 times of the overall investment.

 

Article 40. Those violating the present Provisions by producing and broadcasting  programs prohibited pursuant to Article 20 shall be stopped from producing and broadcasting, and the program carrier shall be taken over.  A fine of more than 10,000 yuan but less than 50,000 yuan shall be imposed by the administrative departments of radio and television above the county level; if the circumstances are serious, the permit shall be revoked; Those violating the regulations on administrative punishments may be given punishments by the department of public security pursuant to the regulations on administrative punishments; violations of the criminal law shall be prosecuted for criminal liability pursuant to the law.

 

Article 41 Those engaging in the following activities that violate the present Provisions shall be ordered to stop the illegal acts and to stop their business for rectification within a specified time period;  they shall be issued a warning and concurrently  the illegal gains shall be confiscated or a fine of less than 20,000 yuan shall be imposed; if the circumstances are serious, the offender shall be ordered to be stripped of its Permit for Network Cultural Business Operations:

 

(1)    cooperation with  the pay channel is not in conformity with the present Provisions;

 

(2) unauthorized actions are taken to change the subject, scope, call sign, logo, identification number,  and the broadcasting areas, etc.;

 

(3) the proportion of professional programs is not in conformity with the Provisions;

 

(4) Non-film and non-television program pay  channels broadcast films and television programs;

 

(5) Foreign programs are broadcast not in conformity with the present Provisions;

 

(6) Those violating Article 23 of these Provisions;

 

(7) Advertisements are broadcast in violation of the Provisions;

 

(8) Those violating Article 16, Article 17, and Article 18 of these Provisions;.

 

(9) Refusing, delaying, or stopping provision of  pay  channel services without reasonable justification;.

 

(10) Failing to perform the obligation of eliminating service stoppages of pay channel services;

 

(11) Failing to provide the commercial data and information to the supervisory and management technical platform according to the provisions of these Measures.

 

Article 42.  Other activities violating the "Regulations for the Administration of Radio, Film, and Television" shall be penalized pursuant to the relevant laws or administrative regulations.

 

Article 43. If any personnel of the administrative departments of radio, film and television take advantage of their supervisory or management posts  to abuse their powers, neglect their duties, or to engage in other malpractices for personal gain and thus violate the criminal law, they shall be prosecuted for criminal liability  ; those whose circumstances are not serious enough for criminal punishment shall be given  administrative sanctions.

 

 

Article 44.  The present Provisions shall come into force on December 1, 2003.

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