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I. The Enforcement Directions apply to broadcast suspension rulings made, by the National Communications Commission (hereinafter referred to as the Commission), on radio, television programming, or advertising and businesses in accordance with stipulations set forth under Article 43 and Article 44 of the Radio and Television Act.
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II. The applicable subjects of these Enforcement Directions encompass radio and television businesses. However, in the case where a television business operates two or more channels, the channel that violates the regulation will be the applicable subject; in the case where a radio business has branch stations, the branch station(s) that violates the regulation will be the applicable subject(s).
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III. In the instance where a radio or television business broadcasts programming or advertising that violates stipulations set forth under Paragraph 1, Article 43 of the Radio and Television Act, and has been referred to the Consultation Meeting for Programs and Advertisements on Radio and Television for advisory review, whereby over two-thirds (inclusive) or more of the advisory council present, and over two-thirds (inclusive) of the attending council voted to recommend that the programming or advertisement be suspended from broadcasting in accordance with the stipulations set forth under Paragraph 2 of the same provision, the operations unit is to present the motioning to the Commission's council meeting for review and discussion.
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IV. In the instance where a radio, or television business has reached the broadcast suspension alert cap, the Commission's operations unit shall notify the business by letter informing the business of its status as reaching the broadcast suspension alert cap, and shall also notify relevant associations; The Commission's operation unit shall also coordinate with relevant bodies to study and discuss propositional cautions and improvement measures, with which to provide administrative guidance to the said business.
The term broadcast suspension alert cap in the preceding paragraph refers to the sum of penalty fines levied to a radio, or television business for violating Article 43 or Article 44 of the Radio and Television Act, effective from the date of the initial conduct of violation of Paragraph 1, Article 44 going back two years. In the case of a radio business, it refers to penalty fines reaching 2.1 million (inclusive) New Taiwan dollars but under 3 million New Taiwan dollars; in the case of a television business, it refers to penalty fines reaching 4.2 million (inclusive) or higher New Taiwan dollars but under 6 million New Taiwan dollars.
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V. In the instance where a radio, or television business reaches the broadcast suspension cap, it shall be processed in accordance with the following stipulations:
(I) The operations unit shall coordinate with relevant bodies and refer to the broadcast suspension day-count recommendation table (see the annexed table) to examine and discuss whether to issue the said business (channel, branch station) a broadcast suspension ruling, recommended broadcast suspension starting/ending dates, the potential impact arising from the suspension, consumer equity, and other related matters, which shall be submitted to the Commission for review at the Commission Meeting.
(II) The Commission Meeting shall render judgment by reviewing the relevant circumstances and determine whether to issue a broadcast suspension and the broadcast suspension day count.
The term broadcast suspension cap in the preceding paragraph refers to a radio, television business whose total sum of penalty fines for having been issued with penalty levies in two-year period for breaching Article 43 and Article 44 of the Radio and Television Act, effective from the date of the first violation of conduct stipulated in Paragraph 1, Article 44: a radio business that reaches the sum of 3 million New Taiwan dollars (inclusive) or higher; a television business that reaches the sum of 6 million New Taiwan dollars (inclusive) or higher.
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VI. The starting point of the calculation for the sum of penalty fines in a two-year period as stipulated in Directions IV and V of these enforcement directions, refers to penalty fine ruling cases for the violations that occurred after July 1, 2010.
The foresaid penalty fine cap calculation is unaffected by the result of the administrative grievance filing brought; however, the penalty fine cap on ruling that has been confirmed for revocation prior to the broadcast suspension ruling shall be deducted.
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VII. In cases of severe violations of Paragraph 1, Article 44 of the Radio and Television Act, the Commission's operations unit shall promptly coordinate with relevant bodies and shall gather information on said business's relevant operations, details of its violations over the past two years, potential impact of suspension, and consumer equities, which shall be submitted to the Commission for discussion and verification at the Commission Meeting, before proceeding to a ruling hearing meeting. The operations unit, upon taking into consideration the hearing meeting's positive and negative opinions, is to draft a recommendation whether a broadcast suspension is to apply or not, which in turn shall be presented to the Commission Meeting for review, that does not fall under stipulations set forth in Direction V.
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VIII. When the Commission motions broadcast suspension ruling:
(I) The operations unit shall promptly notify the ruling receiver by phone or by electronic mail to begin developing relevant remedial measures, and shall furnish a written broadcast suspension ruling within a prescribed period of time.
(II) The Commission's operations administration division shall commission relevant bodies to form an urgent response team, charged with processing the administrative issues arising from the broadcast suspension action.
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IX. In the instance where the ruling subject is a television business, the ruling judgment shall be notified to cable television operators, direct satellite television operators, multimedia video on demand audiovisual operators, the Executive Yuan Consumer Protection Commission and various local county/municipal governments, and the Association of Terrestrial Television Networks, Taiwan, R.O.C, among other relevant entities.
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X. A radio, or television business receiving a broadcast suspension ruling shall duly inform its audiences of the broadcast suspension period, effective from the following day the Commission's broadcast suspension ruling is received until one day prior to the broadcast suspension date; a cable broadcast television system operator or other broadcast platform that broadcasts a business's programming or advertisements that have been suspended from broadcasting shall duly inform its subscribers of the broadcast suspension period, effective from the following day the Commission's broadcast suspension ruling copy has been received until one day prior to the broadcast suspension. The foresaid informing shall be broadcast at least once every hour.
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XI. A radio, television business receiving a broadcast suspension ruling shall immediately suspend broadcasting effective on the specified broadcast suspension date, and shall also continue to broadcast information on the suspension throughout the broadcast suspension period, with its content to indicate: "The XX Channel (a radio station or branch station), for violating the Radio and Television Act, has been issued a broadcast suspension ruling for ( ) days as regulated; broadcast will be suspended for the period from ( )M ( )D, ( )Y to ( )M ( )D, ( )Y.