The National Communications Commission (NCC) reiterated yesterday that the decision to revoke the license of ERA TV’s variety channel was absolutely lawful, adding that it had given the station plenty of opportunities to turn over a new leaf.
“Like the Taiwanese proverb said, our good intentions were kissed by the thunder instead [meaning nursing a viper in the bosom],” commission spokesperson Chen Jeng-chang (陳正倉) said in response to strong reactions to the ruling from both ERA and the Satellite Television Broadcasting Association (STBA).
Chen told a press conference that ERA was not penalized for making just one mistake.
He said a taskforce formed by independent media experts conducted a preliminary review of the license renewal application submitted by ERA’s variety channel and proposed rejecting the application because the channel had a history of 49 violations.
However, the commission decided to allow the channel to renew its license in February after taking into account the investment the station had made and the interests of both ERA employees and the audience, Chen said, but the renewal had been granted with two conditions.
ERA was required to strictly abide by Articles 17 and 19 of the Satellite Broadcasting Act (衛星廣播電視法) — which regulate the media contents and hidden advertisements — for a period of a year following the renewal. The channel’s program rerun rate was also limited to 60 percent of its daily content within six months after the renewal, he said.
ERA was told the license would be invalidated if it failed to meet those conditions.
“It was like a student who already had three major demerits and three minor demerits on his record,” Chen said. “The student should have been expelled from school, but was placed on probation instead.”
The channel was fined in 44 of the 49 violations and given warnings in the other five, Chen said. Most of the punishments were handed out for failing to clearly distinguish between programs and ads, a situation regulated by Article 19 of the act.
“In our annual performance evaluation of ERA’s variety channel, we also warned them that their violations in this particular aspect were high, higher than other channels,” Chen said. “They promised to improve.”
However, ERA was fined three times after the license was renewed, in March and again in June, for not clearly distinguishing between the regular program content and commercials, he said.
Some of the criticism has focused on the legality of limiting the program rerun rate to 60 percent of the channel’s daily content. However, Chen said the channel had proposed the condition itself, the commission had not arbitrarily set a percentage.
The STBA said the commission had not followed the procedures stated in Articles 35 to 39 of the act before revoking the channel’s license, but Chen said the association had confused the regulations governing media content with those covering license renewal.
The commission applied Article 6, which specifically governs license renewal, Chen said.
Article 4 in the Enforcement Rules Governing the Satellite Broadcasting Act (衛星廣播電視法施行細則) states that the regulatory agency must evaluate the following items when reviewing the application for license renewal: execution of the operational plan and any improvement, record of violations of the act, record of infringing others’ rights by broadcasting certain programs and commercials, and the handling of disputes with subscribers.
Jason Ho (何吉森), director of the commission’s communication content department, said the ruling did not ban infomercials, as some have claimed. The NCC and STBA have jointly stipulated rules to regulate the broadcast of informercials, he said.
The commission said ERA and 18 other channels were scheduled to renew their licenses between last year and this year. ERA topped the rest with a record 49 violations and a total of NT$16.75 million (US$561,000) in penalties. It was followed by Videoland Drama Channel (緯來戲劇台), which had 27 violations and penalties totaling NT$6.6 million.
GOOD DIPLOMACY: The KMT has maintained close contact with representative offices in Taiwan and had extended an invitation to Russia as well, the KMT said The Chinese Nationalist Party (KMT) would “appropriately handle” the fallout from an invitation it had extended to Russia’s representative to Taipei to attend its international banquet last month, KMT Chairman Eric Chu (朱立倫) said yesterday. US and EU representatives in Taiwan boycotted the event, and only later agreed to attend after the KMT rescinded its invitation to the Russian representative. The KMT has maintained long-term close contact with all representative offices and embassies in Taiwan, and had extended the invitation as a practice of good diplomacy, Chu said. “Some EU countries have expressed their opinions of Russia, and the KMT respects that,” he
CHANGES: After-school tutoring periods, extracurricular activities during vacations or after-school study periods must not be used to teach new material, the ministry said The Ministry of Education yesterday announced new rules that would ban giving tests to most elementary and junior-high school students during morning study and afternoon rest periods. The amendments to regulations governing public education at elementary schools and junior high schools are to be implemented on Aug. 1. The revised rules stipulate that schools are forbidden to use after-school tutoring periods, extracurricular activities during summer or winter vacation or after-school study periods to teach new course material. In addition, schools would be prohibited from giving tests or exams to students in grades one to eight during morning study and afternoon break periods, the
AMENDMENT: Contact with certain individuals in China, Hong Kong and Macau must be reported, and failure to comply could result in a prison sentence, the proposal stated The Chinese Nationalist Party (KMT) and the Taiwan People’s Party (TPP) yesterday voted against a proposed bill by Democratic Progressive Party (DPP) lawmakers that would require elected officials to seek approval before visiting China. DPP Legislator Puma Shen’s (沈伯洋) proposed amendments to the Act Governing Relations Between the People of the Taiwan Area and the Mainland Area (臺灣地區與大陸地區人民關係條例), stipulate that contact with certain individuals in China, Hong Kong and Macau should be reported, while failure to comply would be punishable by prison sentences of up to three years, alongside a fine of NT$10 million (US$309,041). Fifty-six voted with the TPP in opposition
Advocates of the rights of motorcycle and scooter riders yesterday protested in front of the Ministry of Transportation and Communications in Taipei, making three demands. They were joined by 30 passenger vehicles, which surrounded the ministry to make three demands related to traffic regulations — that motorcycles and scooters above 250cc be allowed on highways, that all motorcycles and scooters be allowed on inside lanes, and that driver and rider training programs be reformed. The ministry said that it has no plans to allow motorcycles on national highways for the time being, and said that motorcycles would be allowed on the inner