China Media and Entertainment Law: A Guide for Foreign Companies

The following is general information on Chinese media, content and entertainment regulation, not legal advice for a specific release, platform or licensing deal. Approval practice evolves quickly and several regulators are involved; consult qualified PRC counsel before launching content or signing distribution agreements.

A patchwork, not a single statute

Foreign media companies looking at China often begin by asking for "the media law." There is not one. Content is regulated sector by sector, and each sector has its own regulator, licence and approval pipeline: the National Radio and Television Administration oversees broadcasting, imported content and online audio-visual services; the National Film Administration administers film; the National Press and Publication Administration governs publications and online games; the Cyberspace Administration of China supervises internet content; and the Ministry of Culture and Tourism covers cultural operations and music. The practical skill is mapping a specific piece of content to the right regulator, licence and approval — and to the foreign-investment negative list, which decides whether a foreign company may hold equity in the underlying business at all.

Film — the Film Industry Promotion Law

The governing statute is the Film Industry Promotion Law, in force since 1 March 2017 and China's first legislation dedicated to the film sector. Its core mechanics are familiar to anyone who has released a film in China:

• Content review. A film must pass review before it is screened publicly, and a public screening licence — the "dragon seal" that appears before the opening credits — is required for theatrical release.
• Import quota. Foreign films released theatrically are admitted under an annual import quota reflecting China's WTO commitments, split between revenue-share and flat-fee (buyout) films; the numbers are set by policy rather than statute and are subject to change.
• Foreign investment. The negative list restricts investment in film production and distribution companies, requiring the Chinese side to hold the controlling stake. A foreign studio may invest in a Chinese production or distribution company, but not control it.

Broadcasting and radio/TV — off-limits to foreign investment

Broadcasting in China is a state-run activity. The Regulations on the Administration of Radio and Television, State Council Order No. 228 of 1997 and subsequently amended, provide that radio and television stations are established by government radio and television authorities. The negative list draws the boundary for foreign investors, prohibiting foreign investment in:

• news agencies, including wire services;
• the editing, publishing and production of books, newspapers, periodicals, audio-visual products and electronic publications;
• radio stations and television stations at all levels; and
• radio and television programme production and operation companies.

The consequence is structural: a foreign broadcaster cannot own a Chinese radio or TV production company or station. The standard route into broadcast content is licensing — selling or licensing programmes and formats to Chinese broadcasters, with imported television series and programmes subject to their own registration and approval requirements.

Online audio-visual, games and music

The online sectors each have their own gate.

• Online audio-visual services. Operating an online audio-visual programme service requires a licence issued by the National Radio and Television Administration, and the negative list prohibits foreign investment in online audio-visual programme services. Foreign platforms therefore typically licence content to a Chinese licence-holder or operate through a Chinese partner that holds the licences.
• Online games. Before a game can be released and monetised in China it needs a publication approval — the "version number" — from the National Press and Publication Administration, and its domestic publisher must hold an online publishing service licence. Foreign games are published through licensed Chinese publishers, and online publishing itself is prohibited for foreign investment. The version-number queue is the practical bottleneck; the precise requirements are subject to the latest official rules.
• Music. The negative list carves out music: internet culture operations are prohibited for foreign investment "except music." Foreign investment in online music services is therefore permitted, though the service itself needs an internet culture operating licence and content compliance. Most foreign rights holders monetise by licensing catalogues to Chinese platforms and through collective management.

Co-production and the approved routes into Chinese content

For film, the main onshore vehicle for a foreign producer is the Chinese-foreign cooperative film production framework, governed by the administrative provisions on Chinese-foreign cooperative film production. Co-productions fall into three categories — joint, assisted and commissioned production — and a joint production that is approved is treated as a domestic film, which lets it bypass the import quota. Approval is granted by the National Film Administration, and every co-production must involve a registered Chinese production entity and survive content review.

Across sectors, the lawful routes into Chinese content tend to be the same five: licence finished content (film, television, music, games) to a Chinese licensee; co-produce with an approved Chinese partner; license formats and scripts; license IP for merchandising; and sell technology and services — post-production, visual effects, software — which are not content publishing and sit outside the content licences.

Advertising, IP and the compliance points that matter

• Advertising. The Advertising Law, amended in 2015 and 2021, requires advertising to be truthful and free of false or misleading claims, restricts comparative advertising, and imposes special rules for categories such as medical products, health food, finance and education. Internet advertising must be clearly identifiable as advertising under the 2023 rules on internet advertising.
• Intellectual property. Register trademarks — including Chinese-language versions — with the CNIPA before launch, and register copyright with the China Copyright Protection Centre as evidence. Licensing agreements should be in writing and cover territory, term, royalty and enforcement rights.
• Content and minors. Each sector applies prohibited-content categories, and online games carry real-name registration, play-time limits and age-rating obligations, while platforms must comply with the Personal Information Protection Law and the data-security rules.

Practical steps before you launch

1. Map the content to its regulator and identify the licence or approval it needs before investing — the negative list may foreclose equity in the underlying business altogether.
2. Choose the onshore route: licence finished content, co-produce with an approved Chinese partner, or operate through a Chinese partner that holds the required permits.
3. Register first. File trademarks — including Chinese-language versions — and copyrights with the relevant authorities before launch, then record written licence terms covering territory, term and royalty.
4. Screen the content against each sector's prohibited categories and, for games and children's services, build in the minors-protection, play-time and age-rating obligations.
5. Close the compliance loop. Make internet advertising identifiable, and ensure any platform or app meets the Personal Information Protection Law and data-security requirements.

For the enforcement side — copyright infringement, trademark disputes and litigation strategy in China — see our guide to IP litigation for foreign companies in China, or contact our intellectual property practice.

The provisions summarised here are current as of the date of writing; approval procedures, quotas and licensing requirements are subject to the latest official rules, so confirm the operative standards with qualified PRC counsel for any specific release or deal.