跳至主要內容
:::

所有條文 Article Content

法規名稱(Title) Satellite Broadcasting Act Ch
修正日期(Amended Date) 2022.05.18

  Chapter V Protection of Rights

Article 42
A direct satellite broadcasting business and the branch office of a foreign satellite broadcasting business that operates a direct satellite broadcasting business shall sign a written contract with subscribers.
The content of the contract mentioned in preceding Paragraph shall include:
1. Rates and restrictions on fee adjustment;
2. Numbers and names of channels, and period of authorization;
3. Restrictions on the use of subscriber' basic data;
4. Conditions for compensation in the event that a domestic or foreign satellite broadcasting business is penalized with termination of transmission, or abolishment/revocation of permit;
5. Conditions for giving compensation to subscribers whose rights to visual and audio reception are likely to be impaired in the event that the signals of the subscribed channels are interrupted without justification;
6. Validity of the contract;
7. Toll-free complaint hotlines for subscribers; and
8. Other items, as specified by the regulatory agency.
A satellite broadcasting or the branch office or agent of a foreign satellite broadcasting business that operates satellite channel and program supply business shall sign a written or electronic contract with subscribers if the said business sells channels and programs on a public audio and visual broadcasting platform under its name.
The electronic contract mentioned in preceding Paragraph shall provide an electronic menu that provides the seller’s name, channel name, a summary of the program content, rate and other purchase required information for subscribers to select and purchase the channels and programs. A sample of viewer contract for subscribers shall also be set and submitted to the regulatory agency for future reference.
Details to be recorded in the written subscriber contract and viewer contract sample stated in preceding two Paragraphs shall apply to Paragraph 2 mutatis mutandis.
If the written contract and viewer contract sample stated in Paragraph 1, Paragraph 3 and Paragraph 4 may damage subscribers’ rights and benefits or reveal to lose fairness, the regulatory agency shall demand the said business to make a change by a prescribed deadline.
Article 43
A satellite broadcasting business and the branch office or agent of a foreign satellite broadcasting business shall regularly file the operation status every year according to items designated by the regulatory agency.
Should the regulatory agency determine that the satellite broadcasting business and the branch office or agent of a foreign satellite broadcasting business is inappropriately operated so as to impair, or be likely to impair, the rights and interests of the subscribers, it shall notify the said business or the branch office or agent of the said foreign satellite broadcasting business to rectify the situation within a specified period of time or to take other necessary measures.
A satellite broadcasting business and the branch office or agent of a foreign satellite broadcasting business shall promptly handle subscribers or audience's complaints and shall retain the files of such complaints for three months. The regulatory agency may request the said business to respond to the subscribers in writing or in relevant programs.
Article 44
If an involved party considers a satellite broadcasting program or advertisement to be erroneous, the said party may request a correction within 20 days of its broadcast. The satellite broadcasting business shall make the correction in the same program or advertisement in the same time slot, within 10 days of receiving the request. If the satellite broadcasting business considers that there has been no error in the program or advertisement, it shall state its reasons in a written response to the said party.
Article 45
Should the broadcast content of a direct satellite broadcasting business and the branch office of a foreign satellite broadcasting business result in damages of another person’s name, reputation, privacy, credit, portrait, personality, and other benefits and rights, the victim may apply to the court for removing the content of that part or for making necessary rectification. Those with concerns of infringement may request for prevention.
A satellite broadcasting business or the branch office or agent of a foreign satellite broadcasting business that unlawfully infringes upon other people’s rights on purpose or due to negligence shall be liable for the damage and compensation in accordance with the Civil Code.