The Cabinet has finalized a draft digital communication act and a draft telecommunication service management act to ease restrictions while ensuring a minimum degree of government supervision.
The digital communication bill is a basic draft offering a minimal regulatory framework for the Internet and it is of a civil nature instead of a criminal one, the Cabinet said.
The digital communication bill would require Internet service providers to disclose basic operational information, including the names of operators, operating licenses, privacy terms, information security policy and reporting and complaint mechanisms.
The bill would exempt Internet service providers from the legal consequences of copyright infringement committed by users who transmit or store unauthorized data via the service.
“For example, Facebook is widely used and it would not be held accountable for copyright infringement by its users. Internet service providers would not be liable for copyright infringement if they, upon finding a possible infringement, remove the copyrighted content or perform other appropriate actions,” Cabinet deputy spokeswoman Chang Hsiu-chen (張秀禎) said.
The providers would only be responsible for the information they provide, and they would have no obligation to supervise information transmitted by users.
The bill seeks to facilitate the development of Internet services under the principle of freedom of speech, the Cabinet said.
The draft telecommunication service management bill would also lower the threshold for new telecom service providers to enter the market.
Current regulations state that service operators must obtain licenses before they can use designated frequencies to offer services, but the draft act would allow operators to enter the market with a simple registration process without having to secure a license.
There are four licensed fixed line operators and five licensed mobile providers, and the draft telecommunication act is to ensure flexibility to create a free and fair competition environment to boost innovation.
The bill would impose different degrees of regulation and obligation on different types of market players.
Large companies that have a big influence on the market, such as Chunghwa Telecom Co, the nation’s largest telecommunication provider that leases its facilities to other operators, would be subject to the highest degree of obligation, such as assisting in disaster relief and ensuring a wide coverage of telecommunication services.
The Cabinet would approve the two bills within two weeks and submit them as priority bills to the Legislative Yuan, Chang said.
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