Chinese legal regulation of advertising activities. Chinese media Legal regulation of advertising in China
It is worth noting that the political institutions that make up the skeleton of China's political system include the mass media (media). It is no secret that in China they are an object of state property, they do not have rights legal entity and financed from state budget. A whole cohort of scientists is studying the problems of the relationship between the political and information environment and their impact on social changes in China, among which it is necessary to single out Liu Lianxi, Ming Dahong, Huang Qin, Peng Lan, Jia LeRong, Wu Xiujuan and others, in particular, they study the mechanisms transmission of information, the use of the Internet for domestic and foreign policy propaganda, the influence of online media on the state processes in China.
At the end of the 1980s, the country entered a political crisis, when the Union of Citizens (students, private entrepreneurs, factory workers) tried to strengthen the conciliatory features in the Chinese political system and consolidate democratic civil liberties. As a result, party bodies banned any spontaneous activities of students, intellectuals and workers; The CCP strengthened the demands for ideological correctness in the military, educational institutions and the media
Today, political communication is an important factor in the socio-political life of the country, while the Internet is becoming one of its influential means, since, in addition to information, organizational, social, educational, and advertising functions, the Internet performs political and ideological ones. The political leadership of China, realizing all the advantages and disadvantages of the Internet, actively uses Internet communications to achieve their own political goals, in particular, external propaganda is an important tool foreign policy PRC, which is reflected in the White Paper "Regulations on the Internet in China". The top leadership of the PRC understands the need to raise the domestic mass media to a level that corresponds to the growing influence and rising world status of the state. In the next few years, China plans to invest $6.5 billion in the development of media holdings, which, according to the government of the country, will be able to compete with such global giants as News Corporation or Time Warner, also in China in the central and regional levels, there are Internet media focused on conducting external propaganda in foreign languages, including English, Russian, French, Spanish, Arabic, and Japanese.
In the Chinese media, there is widespread use of the "close to the people" tactic. In the press on highest level often noted on the priority of solving the problems of the common people. Officials at various levels use all available opportunities to emphasize their concern for ordinary people with the help of the media, arguing that the most important task of the government of the state is to satisfy the basic needs of ordinary citizens. However, the head of state often criticizes the government for insufficient concern for the well-being of citizens, thus emphasizing his spiritual unity with the common people, concern for their fate. This invariably leads to an increase in his rating and support from the population.
Therefore, it can be argued that the "proximity to the people" tactic has two planes of expression. On the one hand, this is the creation of a positive impression regarding certain ideas or socio-political figures, by reinforcing their proximity to the people, and on the other hand, the creation of a simplified, stereotypical and biased idea of the problems in the recipient. This tactic is implemented at different functional levels.
The simplicity and one-sidedness of the presentation of information is important from the point of view of the formation of stereotyped or stereotyped thinking in society. This is especially important in relation to problematic issues: the independence of Taiwan and Tibet, the ecological situation in China, poverty, etc. People simply accept the official position of the Party on the issue without going into details or analytical reflection.
For the Chinese socio-political system, the tactic of "simplification and approach to the people" is very important, since its use in the media helps to maintain people's peremptory trust in the actions of the government and the party.
From this it follows that the search for flexible political reform, receptive to the formation of a new political discourse in modern China, consideration of the provision of the media and their support and control, analysis of the specifics of the information space of the PRC have become an important area of activity for modern China.
Simultaneously with the preservation of the traditional attributes of the political system, which are manifested in a monopoly on power, a tendency to concentrate powers in the hands of one leader, ideological control over the media, the absence of mechanisms of public control over the actions of party and state bodies independent of the authorities, a constitutional reform was initiated in the country. , mainly in the field of guarantees of economic rights to individual and private economic activity, legislative protection of private property and support for the development of private business.
The state policy of the modern Chinese leadership is aimed at including the state in the global information space and preserving Chinese national identity, while the democratization of political life in modern China is opposed by the traditional commitment to maintaining state control over society. Economic success and political stability contributed to the formation of a new information and communication system, which is developing in special conditions that are not typical for other countries of the world, because China is distinguished by its political system, historical, cultural and social characteristics. The originality of the Chinese mass media is formed in the conditions of the ambiguous attitude of the government towards them, in particular, the state supports the development of the media economy, but exercises strict control over the information content, since the main purpose of the media is to protect state interests, form the unity of the nation and improve social - economic situation of the country.
The content of the tasks of the state information policy of the Chinese leadership is due to the political and socio-economic conditions of the country's development at the stage of its comprehensive modernization and the experience accumulated in this process in the implementation of certain state policy measures in the field of creating, disseminating and using information and the effective use of world experience in conducting information policy in developed countries. states. Modern China, as a subject of geopolitics, acts as a state with a developed information and telecommunications infrastructure and a key link in the Asia-Pacific information space, therefore, the primary goals of the state information policy of the country are to form a single information space and strengthen, on this basis, ties between the center and regions of the state, helping to ensure information security individuals and society, the government also pays great attention to the development of various spheres and branches of information services and the expansion of the legal field for regulating social and political relations on the Internet.
Practical implementation such a policy in the conditions of the PRC required an active campaign to support its main provisions by the public, explain its social orientation, justify its expediency, which contributed to the implementation of political communication in China by means of the Internet, the adoption of a number of legislative acts that contributed to the development of the country's electronic environment, in particular, On September 25, 2000, the "Chinese Electronic Communications Charter" came into force as the first comprehensive set of administrative legislative acts in the field of electronic communications, which determined the further development of the ʼ sphere in the legal framework; in 2002, information/legislation included acts that regulate the use of the Internet, in particular, “Methods for managing information services for the Internet”, “Rules for managing the Internet electronic contracts on the Internet” and “Temporary Rules for Website News Management”.
The current stage of informatization of Chinese society began with the adoption in May 2006 of the State Strategy for the Development of Informatization of the Country for 2006-2020, which defines the goals and objectives of the informatization policy that contribute to the development of a more perfect society in China through the use of information technologies in the next 15 years. The main objectives of the strategy are to ensure the further development of the national information infrastructure; empowering independent innovation in ICT; optimization of the structure of the information industry; improvement of information security mechanisms; making progress in building a more information-oriented economy and society; use of a new model of industrialization based on ICT; development and implementation of an effective national information policy and a system for regulating the process of informatization of Chinese society; expansion of opportunities for wide application of information technologies in all spheres of life.
Social media are becoming an element of China's foreign and domestic political communication to provide favorable conditions for the country's internal development, increase its role in the world, popularize non-confrontational models of interaction with other states through partnerships and openness to dialogue. The further use of such media will contribute to the formation of a positive image of the state, since the government of the country is making significant efforts to disseminate Chinese foreign policy concepts in the global information field. The government of the state pays special attention to strengthening the information counteraction of the United States on the Internet, in particular, through the active involvement of the Chinese Internet audience in the dissemination of positive information about the country, control of public sentiment, the introduction of the latest computer technologies for the qualitative neutralization of anti-Chinese propaganda and the dissemination of its own information abroad. Therefore, the main task of China in the implementation of effective political communication on the Internet is to create the effect of "pluralism of opinions" in the state, which contributes to a less critical perception of Chinese propaganda abroad and reduces pressure on the PRC regarding freedom of speech.
In my opinion, it is worth noting that now in China there is a process of strengthening control over the content of publications that are hosted in the national segment of the Internet and blocking access to unwanted, from the point of view of the authorities, content hosted in domain zones that are not subject to national jurisdiction. At the same time, the Internet is actively used by the ruling Communist Party of China and the government to achieve their goals. In the field of foreign policy, one of the main tasks is the work to form public opinion in foreign countries, in particular, in China at the central and regional levels, Internet media have been created and are functioning as tools of information and propaganda influence on the population of border areas using latest achievements information technologies and multimedia tools, realizing the political goals of the internal development of the state and creating favorable conditions for comprehensive cooperation, therefore, the continuation of research on the impact social media on political transformations in China, analysis of the mass media support of the policy of the Chinese government and the features of the information space of the state are the most relevant for political science.
Chinese media
The observe reports Chinese media there is information about the hamper of major news agencies in china and then characteristics. Administrative tasks of the Chinese media committee are also presented.
Despite market reforms, all media are still state and party property, it is forbidden to attract foreign investment in this area, and the political orientation of print and electronic media messages is strictly controlled at all levels.
Draft law on the press from the mid-80s. is under consideration by Parliament.
The regulatory and legal framework for the activities of the media is being formed. A number of provisions have been adopted, which for the first time in the history of the PRC regulate the exercise of the constitutional right of citizens to freedom of the press. The exercise of this right is subject to a ban on the publication of materials that damage "the unity, territorial integrity and sovereignty of the People's Republic of China." There are articles of an ideological nature that prevent the publication of materials that run counter to " basic principles the constitution of the People's Republic of China"
Market reality, foreign economic interests, incl. the need to take appropriate measures in this area when China joins the WTO, make adjustments to rigid ideological schemes. The number of commercial publications has sharply increased in the country - evening, morning, youth and advertising newspapers, which have practically absorbed previously prohibited political and social headings. In the past, political information that was standard for all media began to be supplemented with details from the life of foreign and local political elites; acute domestic political topics are directly affected, incl. problems of unemployment, education, corruption. The press and television have become more targeted, meeting the political and cultural needs of various groups of the population. So, TsTV operates daily on 10 TV channels, Beijing and Shanghai competing with it - on 6 and 5.
Today, China publishes 2160 newspapers, 7916 magazines, at the central and provincial levels there are 294 radio and 560 television stations (a total of 950 TV channels, of which 35 are relayed via satellite to the entire territory of the PRC and foreign countries); There are two telegraph agencies: Xinhua (information on the economy, foreign and domestic policy) and Zhongguo Xinwende (foreign policy propaganda). 550 thousand people are employed in the information sphere. There are already 8 million Internet users in the country (30-40% annual growth). Governance reform process underway
Media, over the past three years, 15 newspaper and magazine concerns and 75 educational television centers have been created.
The most important strategic objectives" management State Committee Press The PRC considers: carrying out further structural reforms in the industry - removing the main media from subordination to government departments, strengthening the fight against illegal publishing activities, incl. and with pirated printed and electronic publications(CDs), controlled "internetization" of Chinese society, the creation of new influential media, "corresponding to the global prestige of the PRC and able to successfully compete in the foreign market."
Notes 1.
Li Dingxin Mikhailov S.A. Wu Li Zhang Hefeng Chiu Juei-Hui. Journalism in China. M., 2006. - 244 p. 2.
National Models of the Information Society / Ed. ed. and comp. E. L. Vartanova, scientific. ed. N. V. Tkacheva. - M.: Publishing house IKAR, 2004. - 142 p. 3.
General and specific properties of Internet media // Lukina M. M., Fomicheva I. D., Mass media in the space of the Internet. - Series "Internet journalism", issue 1. - M .: 2005. - 47 p. Section III Issues of Philosophy, National History and Culture in the Literature and Journalism of the Far East
O. A. Sysoeva
Far Eastern State University for the Humanities,
UDK 327 (510)
Alexey Kotelnikov Alexey Kotelnikov
PECULIARITIES OF THE FUNCTIONING OF THE PRC ELECTRONIC MEDIA ON THE EXAMPLE OF REGULATION OF THEIR ACTIVITIES
FEATURES OF FUNCTIONING OF ELECTRONIC MEDIA OF PRC ON THE EXAMPLE OF THEIR ACTIVITIES’ REGULATION
The features of the functioning of the electronic media of the PRC are considered on the example of regulating their activities, the regulatory and legal framework of the media, the methods of regulation and the requirements for the content and quality of published information are analyzed.
Key words: media, China, Internet, media regulatory framework, media regulation practices
The article discusses the features of electronic media functioning on the example of China’s regulatory environment, analyzes the legal base of the media, management practices and the requirements to content and quality of published information
Key words: media, China, Internet, legal base of media, media management practices
Computerization and globalization are the main directions of development of modern society. The rapid progress in the field of new digital and information and computer technologies, the massive use of their achievements in public life, including the sphere of communication, led to a change in traditional media and contributed to the emergence of a new, previously non-existent channel for the dissemination of information - the Internet. The Internet has a number of specific technological, communication and information features, which caused the emergence of fundamentally new media, combining different kinds traditional and electronic media, providing users with an interactive and personalized use of media channels and other original services. Further in the article the term "electronic media" will be used.
For the activities of the media, the system of regulation of the activities of the media is of fundamental importance, because. creates the "rules of the game" in the field.
In accordance with the current Russian legislation, mass media means newspapers, magazines, television and radio programs, documentary films, and other periodical forms of public dissemination of mass information. It follows that the Internet, having a number of characteristics inherent in the mass media, is generally not a mass medium. Currently, there is no legislation obliging online media owners to register them. However, some electronic media go through the registration procedure on a voluntary basis.
In the People's Republic of China, the Internet refers to mass media. As in a number of countries, in the KIR at the earliest stage of the development of the Internet
and electronic media, a legal framework has been created to regulate their activities.
Unlike Russian Federation, there is no direct action law in China to regulate the media. Currently, the country has a number of laws and by-laws that regulate the activities of each specific type MEDIA. The following hierarchy of normative and legal acts has developed: the Constitution of the KIR, basic laws, administrative laws, local laws, laws of the Hong Kong Special Administrative Region, Macao and Taiwan Province, industry regulations, international treaties
In recent years, the "Copyright Law of the People's Republic of China" has been amended, and such regulations, as "Regulations on the protection software computers”, “Regulations on the implementation of the Copyright Law”, “Procedure for the application of administrative penalties for copyright infringement”, “Regulations on the management of collective copyright owners”, etc.
In China, content control
The development of content on the Web has received much attention since the beginning of the development of the Internet in the country. On February 1, 1996, the State Council published the Provisional Procedure for the Management of the International Interconnected Network of Computer Information Networks in the PRC. On May 20, 1997, Art. 13, which regulates the requirements for content on the Web. In 2000, due to the increased attention of the Chinese state to the rapid development of electronic media, the first legislative acts directly regulating the activities of electronic media appeared in the country - "Procedure for the implementation of information services on the Internet", "Temporary procedure for publishing news on Internet sites" and "Procedure for the provision of services of electronic announcements on the Internet". These three legislative acts regulate the activities of electronic media in the field of registration, publication of news and provision of electronic announcement services.
In Art. 15 "Procedure for the implementation of information services on the Internet" defines information that electronic service providers are prohibited from producing, copying, publishing and distributing:
1) statements against the basic principles established by the Constitution of the Kyrgyz Republic;
2) violation of state security, disclosure of state secrets, undermining state power, destruction of the unity of the state;
3) damage to the reputation and interests of the state;
4) incitement of religious hatred and national discrimination, violation of the unity of the nation;
5) violation of the religious policy of the state, propaganda of heresy and feudal superstitions;
6) the spread of rumors, the violation of social order, the loosening of social stability;
7) propaganda of obscenity, por-
nography, gambling, violence, murder, threats, inciting others to commit crimes;
8) insult or slander, violation of the interests of other persons;
9) other information prohibited by legislative or administrative acts.
Article 17 of this Procedure establishes that when an information product supplier “submits an application for listing on the exchange or for cooperation with foreign entrepreneurs, he must first obtain the consent of the governing body of the information industry of the State Council; and the share of foreign capital must comply with the rules of the relevant laws and administrative regulations.
"Temporary procedure for publishing news on Internet sites" governs the information content provided by Internet sites. Article 2 of the Procedure defines the concept of "news publication": it is the ability to "publish and reprint news via the Internet." Article 5 this document It is established that only “Internet sites legally established by central-level news media or central-level executive authorities, provincial, autonomous region news media have the right to publish news after obtaining appropriate permission. Other news outlets are prohibited from creating their own news websites.” They can only create their own page on those news sites that have already received permission to create their own sites.
With regard to sites not created by news media, but publishing news, the Procedure establishes requirements for their founders (Article 9) and sources of information: news (Article 7). Permission applies only to new
purchased by complex sites from the news media, and the news media themselves, in turn, must meet certain requirements.
Article 14 defines the conditions for working with foreign sources of information: "News published with links to Internet news sites located abroad, as well as news media and websites registered abroad, must be approved by the Press Office of the State Council of the KIR" .
Thus, almost the only source of news for Chinese electronic media is news media, mainly traditional ones, which have received permission to create their own websites. Chinese non-news media are not allowed to interview or report. Such media outlets only have the right to edit the acquired materials without damaging the original content.
The "Procedure for the provision of electronic announcement services on the Internet" requires economic entities providing information services via the Internet, in the case of providing services for the placement of electronic announcements, to submit a special application when registering a license. The procedure regulates the conditions and restrictions regarding the content of electronic announcements. Article 10 of the Procedure establishes that “economic entities providing services for the placement of electronic ads must publish the license number or registration number, rules for the provision of services for the placement of electronic ads and information about the legal responsibility of users.
Article 14 of the Procedure for business entities providing accommodation services electronic documents, is required to store for 60 days the content of the electronic announcement, the time of publication, the Internet address or Domain name. This information should be provided to the relevant government bodies at their request.
Subsequently, the legal framework for regulating the activities of Chinese electronic media was supplemented by a number of legal acts that develop and specify the provisions discussed in these documents.
In addition to legal regulation, China has administrative control over the activities of electronic media. Prior to the adoption of relevant legislative acts, administrative documents were practically the only means of regulating the functioning of the electronic media.
In October 1999, the State Administration for Broadcasting, Cinematography and Television of the Kyrgyz Republic drew attention to the facts of unauthorized dissemination by Chinese commercial Internet sites of information obtained from foreign media and the media of the Hong Kong Special Administrative Region. As a response, a “Notice on strengthening the management of radio, film and television programs transmitted to the public through information networks” was developed and published, which indicated that in the territory of the Kyrgyz Republic, for the distribution of film and television programs by various information networks (including the Internet), it is necessary to make statement to the State Administration for Radio Broadcasting, Cinematography and Television of the Kyrgyz Republic. On the territory of the Kyrgyz Republic, information networks were forbidden to use the names "network radio station", "network center", "network television", etc. These activities laid the foundation for the development of subsequent laws.
Since May 1997, the Press Office of the State Council of the People's Republic of China has become responsible for the activities of the electronic media. In April 2000, the so-called press office appeared in the structure of the Press Office. The Fifth Department, which is also referred to as the "Network Department" in the Chinese media, is responsible for coordinating the work of electronic media, for planning and building news websites, for organizing cooperation
quality of international news exchanges on the Internet.
In addition to legislative and administrative methods regulating the activities of electronic media, in the PRC there are special documents on the issues of posting information on the Internet, published by the Communist Party of China, as well as orientation articles, published, as a rule, on the pages of the People's Daily newspaper. In addition, the speeches of the PRC leaders on this issue also play an important role in regulating the activities of the electronic media.
Thus, the features of the functioning of electronic media in the PRC in terms of regulating their activities include:
1) a constantly updated regulatory and legal framework;
2) the decisive role of state and party control over the activities of the media;
3) unified methods for regulating the activities of the media, both in relation to traditional media and electronic media, related to the regulation of requirements for the content and quality of information.
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