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Chapter 4 Annex
Article 14
The supervisory agency shall draw up a budget, such that over 50 percent of outstanding shares in publicly operated terrestrial television enterprises are donated in a conditional release to the Public Television Service Foundation, whose conditions are:
1. Publicly operated terrestrial television enterprises shall integrate the resources of the Public Television Service Foundation and promote the establishment of a digital environment for terrestrial television so as to ensure efficient use of allocated digital spectrum.
2. Publicly operated terrestrial television enterprises shall broadcast diverse, high-quality programming that is in keeping with the public interest. It shall have as a goal ensuring that the rights and lifelong learning ability of children, women, the elderly, people with disabilities, and other specified groups are protected, while ensuring balanced development among the nation's regions and, where necessary, will establish dedicated channels to meet these needs.
3. Publicly operated terrestrial television enterprises shall ensure that, for publicly operated television enterprises, no advertisements are interspersed during hours set for broadcasting children's programming.
4. Publicly operated terrestrial television enterprises shall ensure that programming and advertisements broadcast do not serve to proselytize for religious groups or spread political parties' messages.
5. Publicly operated terrestrial television enterprises shall establish a dedicated account and use the donations within for the production and broadcast of diverse, high-quality programs in line with the public interest.
6. Publicly operated terrestrial television enterprises shall not use the donations received as per this Article for bonuses, dividends, salaries, overtime pay, welfare funds, allowances, retirement funds, severance pay or any other personnel expenditures.
7. Publicly operated terrestrial television enterprises shall not be evasive and refuse to provide information as stipulated in Article 15.
8. Publicly operated terrestrial television enterprises shall meet other goals that lead to the creation of an environment conducive to media professionalism and independence, a high-quality broadcasting culture, and effective operation.
Item 6 of the preceding paragraph shall apply mutatis mutandis concerning the cash dividends and bonuses associated with shares in publicly operated terrestrial television enterprises donated under Item 5 of the previous Article.
The government shall draw up a budget and announce a tender to purchase for the production and broadcasting of a Hakka TV, Indigenous TV, and Taiwan Macroview TV. These should launch the year after this Act is promulgated and be run by the Public Television Service Fund.
Article 15
The supervisory agency shall hold reviews for which the Public Television Supervisory Fund as well as publicly operated terrestrial television enterprises shall provide the following information:
1. That the Public Television Service Foundation has complied with the provisions of Paragraph 1 of Article 13.
2. That publicly operated terrestrial television enterprises have complied with the provisions of Paragraph 3 of Article 10.
Article 16
Publicly operated terrestrial television enterprises are to report to the supervisory agency for Executive Yuan approval plans to purchase privately held shares (henceforth “the share purchase plan”.
The Executive Yuan is to have the plan reviewed by the review committee. Paragraph 4 of Article 7 shall apply when the review committee is reviewing the share purchase plan.
The share purchase plan shall include the following:
1. Names of holders of nonpublic shares, name of shares, and number.
2. Share purchase price and calculation method.
3. Other information.
The Executive Yuan shall send, as per Article 7, the share purchase plan to be reviewed by the review committee. During the plan’s review, a representative of the publicly owned terrestrial television station union shall attend.
Holders of nonpublic shares of publicly owned terrestrial television enterprises of the Public Television Service Foundation shall, within twenty days of announcement by the supervisory agency, submit written documentation of the type and number of shares, requesting that these enterprises purchase all shares, this not being subject to the provisions of Paragraph 1 of Article 167 of the Company Act.
Paragraph 2 and Paragraph 3 of Article 167 and Paragraph 2 and Paragraph 3 of Article 187, and Paragraph 2 of Article 188 of the Company Act shall apply to the purchase of shares as mentioned in the preceding Paragraph, decisions concerning the purchase, and requests for purchases beyond the stated timeframe.
The government shall draw up a budget to cover any shortfall on the part of publicly operated terrestrial television enterprises for the purchase of nonpublic shares with donations accrued through per the provisions of Article 10.
Article 17
This Act shall take effect on its date of promulgation.