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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 00:58
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Chapter Law Content

Title: Radio and Television Act CH
Category: National Communications Commission(國家通訊傳播委員會)
Chapter I. General Provisions
Article 1
This Act is enacted to promote the healthy development of radio/television businesses; ensure media professionalism and independence; protect the audiovisual rights and interests of the public; enhance public benefits, interests, and welfare; and maintain the audiovisual diversity.
Article 2
The terms used in this Act shall be defined as follows:
1. Radio: Refers to the wireless transmission of sound for direct listening by the public.
2. Television: Refers to the wireless transmission of video for direct listening or viewing by the public.
3. Radio/television stations: Refer to legally approved and established radio/television stations (hereinafter referred to as stations).
4. Radio/television businesses: Refer to businesses that operate radio/television stations.
5. Frequencies: Refer to frequencies used for wireless electric wave transmissions by wireless radio/television stations.
6. Programs: Refer to the content of a scheduled independent unit composed by a series of images, sounds and relevant words.
7. Advertisements: Refer to images, sounds and relevant words broadcasted by an enterprise, agency (institution) group or person for the purpose of marketing or propagating product, concept, service or image.
8. Sponsorships: Refer to monetary or non-monetary payment offered by an enterprise, agency (institution) group or person for the purpose of promoting specific name, brand, image, activity or product under the circumstances of not affecting the content or independency of editing or producing the program.
9. Placement marketing: Refers to the behavior of presenting specific concept, product, brand, service or relevant information and characteristics in a program based on the compensable or quid pro quo relation with an enterprise, agency (institution), group or person for the purpose of marketing or propagation.
Article 3
The regulatory agency of this Act is National Communications Commission.
Article 4
The frequencies used by radio/television businesses are owned by the state and their allocation shall be planned by the MOTC in conjunction with the regulatory agency.
The frequencies mentioned in the preceding paragraph may not be leased, loaned, or transferred.
Article 5
Those established for specific purposes by the government in the name of the government are publicly operated radio/television businesses, whereas those established by companies limited by shares or by foundations, which are formed by ROC citizens, are privately operated radio/television businesses.
The minimum paid-in capital and total endowment assets of a radio/television business shall be prescribed by the regulatory agency.
Those without ROC nationality may not be promoters, shareholders, directors, or supervisors of a radio/television business.
Article 5-1
The government and political parties, as well as foundations established with endowments provided by them, and those commissioned by them, may not directly or indirectly invest in privately operated radio/television businesses.
Unless otherwise provided by law, the government and political parties may not provide endowments for the establishment of a privately operated radio/television business.
Existing situations for the government, political parties, and foundations established with their endowments, and those commissioned by them, that do not meet the provisions of the preceding two paragraphs prior to the implementation of the revision of this Act, shall be corrected within two years of the implementation of the revision of this Act.
Political party workers, political appointees, and elected public officials may not invest in radio/television businesses. Total shareholdings by their spouses, relatives by blood within the second degree of relationship, and lineal relatives by marriage, may not hold more than 1 percent of the issued shares of a radio/television business.
Radio/television businesses that have existing situations that do not meet the provisions of the preceding paragraph prior to the implementation of the revision of this Act shall have them corrected within two years of the implementation of the revision of this Act.
The government, political parties, political party workers, and elected public officials may not be promoters, directors, supervisors, or managers of a radio/ television business.
Radio/television businesses that have existing situations that do not meet the provisions of the preceding paragraph prior to the implementation of the revision of this Act shall have the related personnel discharged of their duties within six months of the implementation of the revision of this Act.
The scope of political party workers, political appointees, and elected public officials mentioned in the preceding article shall be defined in the Enforcement Rules of this Act.
Article 5-2
(Delete)
Article 6
(Delete)
Article 7
In the event of a natural disaster or emergency, the regulatory agency may notify stations to suspend transmissions, broadcast specific programs, or take other necessary measures to safeguard public security and well-being.
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