Formosa TV (FTV, 民視) on Friday was ordered by the Taipei High Administrative Court to pay a fine of NT$400,000 to the National Communications Commission (NCC), which has accused the broadcaster of allowing investment by a foreign national.
Former Democratic Progressive Party legislator Yan Chuang Ho-tzu (顏莊和子) held shares in FTV that she kept when she later renounced her Republic of China (ROC) citizenship, which the NCC argued was a violation of Article 5 of the Radio and Television Act (廣播電視法). The article stipulates that “Those without ROC nationality may not be promoters, shareholders, directors, or supervisors of a radio/television business.”
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Yan Chuang originally held dual citizenship with the US, but renounced her ROC citizenship on Oct. 8, 2012.
The FTV had filed an appeal with the Taipei High Administrative Court over the fine, arguing that it had not been informed of, nor had control over, Yan Chuang’s decision to renounce her ROC citizenship. It argued that there was no subjective fault on its part and no violation of its obligations under administrative law, and said that the fine “violated the principle of proportionality.”
The court argued that FTV had not been proactive in dealing with the case, and said the fine was the minimum that could be imposed for the violation, and was therefore not disproportionate.
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