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Chapter Law Content

Title: Satellite Broadcasting Act CH
Category: National Communications Commission(國家通訊傳播委員會)
Chapter VI Penal Provisions
Article 46
A satellite broadcasting business, the branch office or agent of a foreign satellite broadcasting business, or other type channel and program supply business shall be fined an amount from NT$300,000 up to NT$3,000,000 and be demanded to suspend the operations in the event of one of the following. If the said business refuses to suspend the operations, the fine may be imposed consecutively and enforcement of dismantling or confiscating the facilities will be conducted accordingly:
1. Violation of Paragraph 1 through 3 of Article 6 or Paragraph 1 of Article 64 where Paragraph 1 of Article 66 apply.
2. A continuation of the operations after the abolishment or revocation of permit.
Article 47
Other type channel and program supply business that Paragraph 3 or Paragraph 4 of Article 64 shall be fined an amount from NT$300,000 up to NT$3,000,000 and be demanded to suspend the operations. The fines may be imposed consecutively if the said business refuses to suspend the operations.
Article 48
A satellite broadcasting business, the branch office or agent of a foreign satellite broadcasting business, or other type channel and program supply business shall be fined an amount from NT$400,000 up to NT$2,000,000 and be demanded to suspend the program or advertisement transmission:
1. Violation of Subparagraph 1 of Paragraph 3 of Article 27 or Paragraph 1 of Article 64 where Subparagraph 1 of Paragraph 3 of Article 27 apply.
2. Violation of time slot or methods of broadcasting the program or advertisement prescribed by the regulatory agency as stated in Paragraph 1 of Article 29 or Paragraph 1 of Article 64 where Paragraph 1 of Article 29 apply.
3. Violation of Paragraph 1 and Paragraph 2 of Article 31 or Paragraph 1 of Article 64 where Paragraph 1 and Paragraph 2 of Article 31 apply.
A satellite broadcasting business, the branch office or agent of a foreign satellite broadcasting business, or other type channel and program supply business that refuses follow the disposition of suspending the broadcast of program or advertisement in accordance with preceding Paragraph shall suspend the broadcast of that channel for three to ninety days. Those that refuse to suspend the broadcast will have their permit abolished and license revoked.
Article 49
A satellite broadcasting business, foreign broadcasting business or other type channel and program supply business shall be fined an amount from NT$200,000 up to NT$2,000,000 and be notified to make corrections by a prescribed deadline in the event of one of the following. The fine may be imposed consecutively or the said business may have its permit abolished and license revoked for failure to make corrections by the prescribed deadline:
1. Violation of Paragraph 1 and Paragraph 3 of Article 4, or Paragraph 1 of Article 64 where Paragraph 1 and Paragraph 3 of Article 4 apply.
2. Violation of the minimum paid-in capital and total endowment assets prescribed by the regulatory agency as stated in Paragraph 2 of Article 4 or Paragraph 1 of Article 64 where Paragraph 2 of Article 4.
Article 50
A satellite broadcasting business, foreign broadcasting business or other type channel and program supply business that violates Paragraphs 1 through Paragraph 5 of Article 5 or Paragraph 1 of Article 64 where Paragraphs 1 through Paragraph 5 of Article 5 apply shall be fined an amount from NT$200,000 up to NT$2,000,000 and be notified to make corrections by a prescribed deadline. The fine may be imposed consecutively or the said business may have its permit abolished and license revoked for failure to make corrections by the prescribed deadline
Article 51
A satellite broadcasting business, the branch office or agent of a foreign satellite broadcasting business or other type channel and program supply business that has failed to make corrections by the deadline prescribed by the regulatory agency according to Paragraph 2 of Article 17 or Paragraph 1 of Article 64 where Paragraph 2 of Article 17 apply shall be fined an amount from NT$200,000 up to NT$2,000,000 and be notified to make corrections by a prescribed deadline. The fine may be imposed consecutively or the said business may have its permit abolished and license revoked for failure to make corrections by the prescribed deadline.
Article 52
A satellite broadcasting business, the branch office and agent of a foreign satellite broadcasting business, and other type channel and program supply business shall be warned or be fined an amount from NT$200,000 up to NT$2,000,000 and be notified to make corrections by the prescribed deadline in the event of one of the following. The fine may be imposed consecutively for failure to make corrections by the prescribed deadline
1. Violation of the broadcast time slot and ratio restriction of domestic program as stated in Paragraph 4 of Article 8 or Paragraph 1 of Article 64 where Paragraph 4 of Article 8 apply;
2. Failure to apply for changes of the operations plan during the period as stated in Paragraph 5 of Article 8 or Paragraph 1 of Article 64 where Paragraph 5 of Article 8 applies;
3. Violation of the program level, restrictions on the audience age, advertisement content, time limit or other regulatory matters as stated in Paragraph 3 of Article 28 or Paragraph 1 of Article 64 where Paragraph 3 of Article 28 applies;
4. Violation of Article 30 or Paragraph 1 of Article 64 where Article 30 applies;
5. Violation of Paragraph 1 of Article 36 or Paragraph 1 of Article 64 where Paragraph 1 of Article 36 applies;
6. Violation of Article 40 or Paragraph 1 of Article 64 where Article 40 applies;
7. Violation of Article 44 or Paragraph 1 of Article 64 where Article 44 applies;
A direct satellite broadcasting business, foreign satellite broadcasting business that operates direct satellite broadcasting business, satellite channel and program supply business, branch office and agent of a foreign satellite channel and program supply business, or other type channel and program supply business that violates any situations stated in Paragraph 1 and Paragraph 2 of Article 25, Paragraph 1 of Article 64 where Paragraph 1 and Paragraph 2 of Article 25 apply shall be warned or be fined an amount from NT$200,000 up to NT$2,000,000, and be notified to make correction by a prescribed deadline. The fine may be imposed consecutively for failure to make corrections by the prescribed deadline.
Article 53
A satellite broadcasting business, the branch office and agent of a foreign satellite broadcasting business, and other type channel and program supply business shall be fined an amount from NT$200,000 up to NT$2,000,000 and be demanded to suspend the program or advertisement or to take necessary rectification measures:.
1. Violation of Article 24.
2. Violation of Subparagraph 2 through Subparagraph 4 of Paragraph 3 of Article 27 or Paragraph 1 of Article 64 where Subparagraph 2 through Subparagraph 4 of Paragraph 3 of Article 27 apply.
Article 54
A satellite broadcasting business, the branch office and agent of a foreign satellite broadcasting business, and other type channel and program supply business shall be fined an amount from NT$200,000 up to NT$2,000,000 in the event of one of the following:
1. Violation of Paragraph 3 of Article 31 or Paragraph 1 of Article 64 where Paragraph 3 of Article 31 applies;
2. Violation of Article 32 or Paragraph 1 of Article 64 where Article 32 applies;
3. Violations of readily recognition and distinction of programs and inserted advertisements; methods of the placement marketing and sponsor information being applied or revealed; and restrictions and other regulatory matters shall all be enacted by the regulatory agency as stated in Paragraph 2 of Article 33 or Paragraph 1 of Article 64 where Paragraph 2 of Article 33 applies;
4. Violation of Paragraph 2 of Article 36 or Paragraph 1 of Article 64 where Paragraph 2 of Article 36 applies
5. Violation of advertisement transmission method and the number of advertisements distributed to each time slot as stated in Paragraph 4 of Article 36 or Paragraph 1 of Article 64 where Paragraph 4 of Article 36 applies.
Article 55
A satellite broadcasting business, the branch office or agent of a foreign satellite broadcasting business, or other type channel and program supply business that violates Article 35 or Paragraph 1 of Article 64 where Paragraph 1 of Article 35 apply shall be fined an amount from NT$200,000 up to NT$2,000,000 and be notified to immediately suspend the broadcast. The fine may be imposed consecutively if the said business refuses to suspend the broadcast.
Article 56
Direct satellite broadcasting service business, branch office of foreign satellite broadcasting business that operates direct satellite broadcasting business shall be fined an amount from NT$200,000 up to NT$2,000,000 and be prohibited to broadcast the channel program or advertisement if the said business violates Article 38. The fine may be imposed consecutively or the said business may have its permit abolished and license revoked for failure to stop the broadcasting.
Article 57
Should a satellite broadcasting business, the branch office or agent of a foreign satellite broadcasting business, or other type channel and program supply business evades, disturbs or refuses regulatory agency’s action of asking for the program, advertisement and other relevant information in accordance with Article 30 or Paragraph 1 of Article 64 where Article 39 applies shall be fined an amount from NT$200,000 up to NT$2,000,000 and be demanded to provide the said information by a prescribed deadline. The fine may be imposed consecutively for failure to provide the said information by a prescribed deadline.
Article 58
A satellite channel and program supply business, the branch office and agent of foreign satellite channel business or other type channel and program supply business that violates Article 22 or Paragraph 1 of Article 64 where Article 22 apply shall be warned or be fined an amount from NT$200,000 up to NT$1,000,000 and be notified to make corrections by the prescribed deadline. The fine may be imposed consecutively for failure to make corrections by the prescribed deadline.
Article 59
A satellite broadcasting business, the branch office and agent of foreign satellite broadcasting business and other type channel and program supply business shall be warned or be fined an amount from NT$200,000 up to NT$1,000,000 in the event of one of the following::
1. Violation of Article 23 or Paragraph 1 of Article 64 where Article 23 apply
2. Violation of the use of inserted characters as stated in Article 34 or Paragraph 1 of Article 64 where Article 34 apply
3. Violation of Paragraph 3 of Article 36 or Paragraph 1 of Article 64 where Paragraph 3 of Article 36 apply.
4. Violations of the specific use standards, methods or other regulatory matters of inserted characters as stated in Paragraph 2 of Article 37 or Paragraph 1 of Article 64 where Paragraph 2 of Article 37 apply.
Article 60
A satellite broadcasting business, the branch office and agent of foreign satellite broadcasting business and other type channel and program supply business that violates Article 12 or Paragraph 1 of Article 64 where Article 12 applies shall be fined an amount from NT$100,000 up to NT$1,000,000 and have its permit abolished and license revoked.
Article 61
A satellite broadcasting business, the branch office and agent of foreign satellite broadcasting business and other type channel and program supply business shall be warned or be fined an amount from NT$100,000 up to NT$1,000,000 and be demanded to make corrections by a prescribed deadline in the event of one of the following. The fine may be imposed consecutively for failure to make corrections by the prescribed deadline:
1. Violations of Paragraph 1 and Paragraph 2 of Article 15 or Paragraph 1 of Article 64 where Paragraph 1 and Paragraph 2 of Article 15 apply;
2. Violation of Article 16 or Paragraph 1 of Article 64 where Article 16 applies;
3. Violation of Article 21 or Paragraph 1 of Article 64 where Article 21 applies;
4. Violation of broadcasting specific programs or messages directed by the regulatory agency as stated in Paragraph 1 of Article 26 or Paragraph 1 of Article 64 where Paragraph 1 of Article 26 applies;
5. Violation of Paragraph 2 of Article 29 or Paragraph 1 of Article 64 where Paragraph 2 of Article 29 applies;
6. Violation of following the order of regulatory agency to make corrections or take other necessary measures as stated in Paragraph 2 of Article 43 or Paragraph 1 of Article 64 where Paragraph 2 of Article 43 applies.
7. Violation of Paragraph 2 of Article 65
Article 62
A satellite broadcasting business, the branch office or agent of a foreign satellite broadcasting business or other type channel and program supply business shall be fined an amount from NT$100,000 from NT$500,000 and be notified to make corrections by a prescribed deadline in the event of one of the following. The fine may be imposed consecutively for failure to make corrections by the prescribed deadline.
1. Violation of Paragraph 1 of Article 13
2. Violations of the permission procedures, installation, examination, issuance / renewal / reissuance of license, abolishment of permit, installation and use management, use frequency, engineer qualifications and evaluation system, and other regulatory matters of the installation of earth station stated in Paragraph 2 of Article 13 or Paragraph 1 of Article 64 where Paragraph 2 of Article 13 applies.
Article 63
A satellite broadcasting business, the branch office and agent of foreign satellite broadcasting business and other type channel and program supply business shall be warned or fined an amount from NT$60,000 from NT$300,000 and be notified to make corrections by a prescribed deadline in the event of one of the following. The fine may be imposed consecutively for failure to make corrections by the prescribed deadline:
1. Violation of Paragraph 1 and Paragraph 3 of Article 42 or Paragraph 1 of Article 64 where Paragraph 3 of Article 42 apply;
2. The content of the written contract or sample of the viewer contract for subscribers violates Paragraph 2 and Paragraph 5 of Article 42 or Paragraph 1 of Article 64 where Paragraph 5 of Article 42 applies;
3. Violation of Paragraph 6 of Article 42 or Paragraph 1 of Article 64 where Paragraph 6 of Article 42 applies, where the said business fails to change the content of written contract or sample of the viewer contract for subscribers according to regulatory agency’s orders or fails to do so within the deadline prescribed by the regulatory agency;
4. Violation of Paragraph 1 of Article 43 or Paragraph 1 of Article 64 where Paragraph 1 of Article 43 apply;
5. Violation of Paragraph 3 of Article 43 or Paragraph 1 of Article 64 where Paragraph 3 of Article 43 apply, where the said business fails to promptly handle complaints, retain the files of such complaints for three months, or reply to the subscriber or audience as requested by the regulatory agency.