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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 VI. Penal Provisions
Article 41
For radio/television businesses that violate the provisions of this Act, the regulatory agency may give the following penalties according to the seriousness of their violations:
Warning
Fine
Broadcast suspension
License revocation
Article 42
A warning shall be issued to radio/television businesses in the event of one of the following:
Violation of Paragraph 2 of Article 10-1, Paragraph 1 of Article 12-2, Articles 13 through 15, Article 17, Article 19, Article 20, or Article 31
Violation of Paragraph 1 of Article 23, Article 24, Article 25, or Paragraph 1 of Article 33
Violation of the classification regulations prescribed according to Paragraph 1 of Article 26-1
Article 43
Television businesses shall be fined from NT$200,000 up to NT$2,000,000, and radio businesses shall be fined from NT$9,000 up to NT$90,000 in the event of one of the following:
1. Failure to make corrections after receiving a warning, or repeated violation of the preceding article within one year;
2. The broadcast of a program or advertisement that violates any one of the Subparagraph 2, 3 of Article 21, or Article 32 where Subparagraph 2, 3 of Article 21 apply;
3. Violation of Article 22, Articles 27 through 29, or Article 34 or Article 34-2;
4. Serious violation of Article 33;
5. Violation of readily recognition and distinction of programs and inserted advertisements; methods of the placement marketing and sponsor information being applied / revealed; and restrictions and other to-be-followed details as stated in Paragraph 2 of Article 34-3.
6. Failure to broadcast programs or advertisements in time slots designated according to Paragraph 2 of Article 26-1 or Article 32 where Paragraph 2 of Article 26-1 applies
Radio/television businesses that are penalized for broadcasting programs or advertisements in violation of the preceding paragraph may be subjected to broadcast suspension of the said programs or advertisements.
Article 44
Television businesses shall be fined from NT$400,000 up to NT$2,000,000, radio businesses shall be fined from NT$90,000 up to NT$1,200,000, and the said businesses may be subjected to broadcast suspension from three days up to three months in the event of one of the following:
1. Violation of Article 42 or Article 43 after being penalized twice within one year
2. Broadcast of programs or advertisements that violate Subparagraph 1 of Article 21
3. Broadcast of programs or advertisements that violate Subparagraph 2 or 3 of Article 21
4. Unauthorized broadcast of advertisements in violation of Article 30
5. Violation of Article 35
Radio/television businesses shall be fined from NT$400,000 up to NT$2,000,000 and notified to make corrections by a prescribed deadline for violation of Paragraph 3 of Article 5 or Article 5-1. The fine may be imposed consecutively for failure to make corrections by the prescribed deadline.
Article 44-1
Those that have received permission to establish radio/television businesses may have the said permits annulled by the regulatory agency in the event of one of the following:
Serious violation of Paragraph 2 of Article 10-1
Failure to apply for a station installation permit within six months of obtaining the establishment permit, obtain a station license within the period of validity of the station installation permit, or apply for a radio/television operating license within six months of obtaining the station license
Rejection of the application for a radio/television operating license by the regulatory agency
Change in the share subscriptions by promoters aggregating over 50 percent of the paid-in capital specified in the application for establishment
Total assets donations received or paid-in capital is lower than specified in the application for radio/television station establishment
Article 44-2
Privately operated radio/television businesses shall be fined from NT$200,000 up to NT$2,000,000 and notified to make corrections by 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 minimum paid-in capital and total endowment assets prescribed by the regulatory agency as stated in Paragraph 2 of Article 5.
2. Violation of Paragraph 1 through 3 of Article 5-1
Radio/television businesses shall be fined from NT$200,000 up to NT$2,000,000 and notified to make corrections by a prescribed deadline for violation of Paragraph 6 or 7 of Article 5-1. The fine may be imposed consecutively for failure to make corrections by the prescribed deadline.
Article 45
Radio/television businesses shall have their radio/television operating licenses revoked in the event of one of the following:
1. Receiving a guilty verdict for broadcasting programs or advertisements that commit or incite others to commit the offense of sedition or treason
2. Broadcast of programs or advertisements that seriously violates Paragraph 1 of Article 21
3. Violation of Paragraph 2 of Article 4
4. Violation of regulations prescribed by the regulatory agency in accordance with Article 7 or Article 26
5. Unauthorized broadcast of programs or advertisements during the period of broadcast suspension
6. Violation of this Act within one year of having been subject to broadcast suspension twice
Regarding the event stated in Subparagraph 1 of preceding paragraph, the regulatory agency may suspend broadcast operations before the final judgment.
Article 45-1
Those that illegally install stations, relay stations, or other broadcast systems shall be fined from NT$1,000,000 up to NT$10,000,000, and the equipment shall be confiscated.
The equipment of illegally installed boosters, converters, and community common antennas shall be confiscated.
The local police agency may be requested to assist in enforcing the confiscation penalties under the preceding two paragraphs.
Article 45-2
(Delete)
Article 45-3
Any radio/television business with an establishment permit shall be fined a minimum amount of NT$300,000 up to a maximum of NT$3,000,000 in the event of operating without legally obtaining a station operating license. And the regulatory agency shall notify the said business to stop operation immediately. A business that fails to stop operations may be fined consecutively for each additional violation or it shall have its establishment permit revoked.
Any radio/television business which violates Paragraph 3 of Article 10-1 by illegally setting up a sub-station shall be fined a minimum amount of NT$90,000 up to a maximum of NT$900,000. And the regulatory agency shall notify the business to stop operation immediately. A business that fails to stop operation may be fined consecutively for each additional violation or it shall have its establishment permit revoked.
Article 46
Those that have their radio/television operating licenses revoked under this Act, shall have their station licenses revoked by the MOTC.
Article 47
In case of default in paying a fine given under this Act, the case may be referred to the court for compulsory execution.
Article 48
In case of refusal to accept the penalties of broadcast suspension or license revocation given under this Act, the local police agency may be requested to assist in enforcing the said penalties.
Article 49
(Delete)