It is with great pride that we present the latest edition of China’s Media & Entertainment Law. This guide embodies our ongoing desire to not only provide our clients with practical, relevant and authoritative legal advice, but also to encourage the study and analysis of this field of law.

China’s media and entertainment industry continues to be highly dynamic, both in terms of ongoing regulation and how emerging technologies and different forms of media and entertainment are used by consumers. As a civil (codified) law jurisdiction, China relies on a growing volume of rules, implementing measures, official notices and other written law to govern the industry. While the text of these documents often appears simple, in practice the interpretation, application and enforcement of the law is subtle and varied. Some policies are not issued or clearly articulated to the public; and it is often difficult to regulate at the same pace as the industry develops. These factors, among others, make the navigation of this field of law difficult – particularly for those with no presence or experience in China. The ongoing, frequent promulgation of new regulations and policies has also made it difficult to decide when to publish this series!

The third edition of China’s Media & Entertainment Law comprises nine detailed guides to the media and entertainment industry. While we could not be completely exhaustive, we have nonetheless attempted to cover as many issues as possible and address those topics which, in our experience, are the most important. In each guide, a commentary is accompanied by key laws and regulations in the original Chinese, together with our own, English translations.

The series highlights recurring themes in the industry, namely: the increasingly pervasive influence of new media; the Chinese government’s quest for a balance between controlling content and encouraging industry development; the tension between foreign investment and the government’s desire to nurture local businesses; the difficulties in protecting intellectual property rights; and the unclear allocation of authority among certain government agencies. These issues play out against the background of incessant industry development and an ongoing desire (fostered in part by government policy) for Chinese media companies to expand overseas. Indeed, outbound investment and the dissemination of “soft culture” from China are critical elements of the government’s long-term plans for the media industry.

TransAsia is privileged to represent some of the leading international and domestic companies in the PRC media and entertainment sector, and to enjoy close working relationships with key regulators. We have drawn upon this experience in order to explain how the written law in China is actually interpreted and implemented in practice. We hope that this series will be useful to other legal practitioners, businesses, policy makers and academics alike, as well as those readers who simply have an interest in the field.We welcome comments and suggestions.

Jesse TH Chang

September 2012

Beijing