In November 2004,SARFT published measures affecting those wishing to set up a Sino-foreign JV or production and distribution of radio and television programming (known as "Order 44"). One of the requirements of Order 44 is that the foreign investor must not have a "record of unfriendliness toward China during the three years preceding the application date".

In these days of convergence, it is not unlikely that Internet behemoths will turn to radio and television programming as a diversification to their business. Those wishing to do so in China needs to keep their collective nose clean. Anything else would be bad for business.

Peter Bullock is Head of Technology & Services Law, Asia Pacific and a Partner of Masons' International Law Firm. He can be contacted at peter.bullock@pinsentmasons.com