Regulations Governing the Person in Charge of a Broadcasting Business

2016-01-30
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Article 1
These regulations are promulgated in accordance with Article 13 and Article 50 of the Radio and Television Act.
Article 2
The term broadcasting or television business director of these regulations refer to directors, auditors, president, station chief, station director, or branch station chief of a broadcast or television business, or those in a comparable position.
Article 3
Individuals who are found to fall under any one of the following circumstances are prohibited from acting as the broadcasting or television business director, as referred to in Article 2:
I. An individual who has no, or limited, capacity or who is under guardianship or has been declared as in need of a facilitative treatment.
II. An individual who has been convicted of a crime pursuant to the Organized Crime Prevention Act that has been confirmed with a guilty ruling.
III. An individual who has formerly been a television broadcasting business director and whose positional duties resulted in the broadcast or television license being revoked pursuant to Article 45 of the Radio and Television Act.
IV. An individual who has been convicted of a crime relating to the individual’s broadcasting duty or television news work and has been sentenced to an imprisonment term affirmed by the court.
V. An individual who has been convicted of corruption and has been sentenced to an imprisonment term that has been executed in full, or has yet exceeded a five-year period following the completion of the sentence, or the expiry of the probationary sentence, or an exoneration of the sentence.
VI. An individual who has been convicted of embezzlement, fraud or breach of trust and has been sentenced to an imprisonment term that has not yet been executed in full, or has not exceeded a five-year period following the completion of the sentence, or the expiry of the probationary sentence or its exoneration.
VII. An individual who has claimed bankruptcy, which has been confirmed, and has yet to be reinstated of rights assets.
VIII. An individual who does not reside in Taiwan on a permanent basis.
Article 4
At least one of the independent directors of a broadcasting or television business that has appointed independent directors shall command one of the following professional qualification criteria:
I. Attended a public or private college/university or higher in a department of communications, mass media, law, finance or economic-related subjects or as research with research institutions for three years or longer.
II. Possessing five years or more experience of working in media broadcasting.
Article 5
These regulations shall become effective on the day of their promulgation.