Media / Entertainment 彙整 - Lee, Tsai & Partners

Jane Tsai and Sally Yang To protect the rights and interests of workers and businesses in the cultural and arts industry, the Ministry of Culture and the Ministry of Economic Affairs have issued on October 5, 2021, the “Copyright Protection Regulations for Workers and Businesses of Cultural and Arts,” in accordance with “Cultural and Arts Rewards and Promotion Act.” This article summarizes the key aspects of the regulations.

2020 年 6 月 1 日

Whether a building can be registered as a historic building or not should be determined by a review committee composed of representatives of the authorities and scholars and experts; and if there is no wanton violation of the law, the court should respect the results of its determination (Taiwan)

Elva Chuang The Supreme Administrative Court rendered the 109-Pan-56 Decision of February 6, 2020 (hereinafter, the “Decision”), holding that whether a building can be registered as a historic building or not should be determined by a review committee composed of […]

2019 年 12 月 31 日

Amendments to the Rules for the Restoration and Reuse of Historic Sites (Taiwan)

Fang-Wei Lin The Ministry of Culture amended “the Rules for the Restoration and Reuse of Historic Sites” (“the Rules”) on September 12, 2019. The major objectives of the amendments are to increase the participation of architects, technicians and job site […]

2019 年 11 月 30 日

5G licensing will still be conducted by two-stage competitive bidding with the Regulations Governing Mobile Broadband Business amended (Taiwan)

Frank Sun The National Communications Commission (hereinafter, the “NCC”) amended the Regulations Governing the Mobile Broadband Business on September 6, 2019. In particular, bidding-based 5G licensing will still be conducted by two-stage competitive bidding. Meanwhile, telecommunications operators applying for 5G […]

2019 年 8 月 31 日

Media should not report news that contributes to increase of suicide, and a maximum fine of NT$1 million may be imposed in case of violation (Taiwan)

Sean Tsou The President promulgated the Suicide Prevention Law (hereinafter, the “Law”) via Hua-Zhong-One-Yi-10800062181 Decree of June 19, 2019. Consisting of 19 articles, the Law came into effect on the day of its promulgation. The Law, which is newly formulated, […]

2019 年 7 月 31 日

The Legislative Yuan adopted the Culture Basic Law to safeguard the rights which should be enjoyed by the citizens as the subjects of culture and cultural rights (Taiwan)

2019.5.10 Elva Chuang The Legislative Yuan adopted the Culture Basic Law (hereinafter, the “Law”) through the entire three-reading procedure on May 10, 2019, and the Law, which consists of 30 articles, was promulgated by the President on June 5, 2019 […]

2018 年 4 月 26 日

Provisions on the Administration of On-demand Cinemas and On-demand Cinema Chains (Mainland China)

2018.3.6 Joyce Wen The Provisions on the Administration of On-demand Cinemas and On-demand Cinema Chains (the “Provisions”) were adopted during a working meeting of the State Administration of Press, Publication, Radio, Film and Television and went into effect on March […]

2018 年 3 月 31 日

Restrictions are eased so that a Chinese-language tour guide in a travel agency receiving tourists speaking rare languages may organize a tour by working with an interpreter (Taiwan)

2018.2.1 Sean Tsou The Ministry of Transportation and Communications (hereinafter, the “MOTC”) promulgated Article 23 of the Regulations Governing Travel Agencies as amended and Article 6 of the Regulations Governing Tour Guides as amended via the MOTC-Jiao-Lu-(1)-10782000755 Directive of February […]

2018 年 1 月 31 日

The Cable Radio and Television Law was amended where the operators are obligated to broadcast parliamentary channels free of charge (Taiwan)

2017.11.21 Grace Chiang The Legislative Yuan adopted Articles 33 and 61 of the Cable Radio and Television Law (hereinafter, the “Law”) as amended during the 9th Meeting of the 4th Session of the 9th Term Legislative Yuan. Paragraphs 4 and […]

2017 年 9 月 30 日

To accommodate amendments to tourist laws and regulations, the Ministry of Transportation supplemented and amended the Penal Standards for the Statute for the Development of Tourism (Taiwan)

2017.7.13 Oli Wong The Ministry of Transportation amended and promulgated the Penal Standards for the Statute for the Development of Tourism (hereinafter, the “Standards”) via the MOTC-JIAO-Lu-(1)-10682004255 Directive of July 13, 2017. Therefore, relevant tourist laws and regulations were amended […]

2017 年 8 月 8 日

The National Communications Commission has revised the Administrative Rules for Equal Access Services, and mobile broadband operators are required to provide equal access services(Taiwan)

Frank Sun The National Communications Commission promulgated the amendments to Articles 2, 4, 6, and 8 of the Administrative Rules for Equal Access Services (hereinafter, the “Rules”) via the Tong-Chuan-Ping-Tai-10541008410 Directive of March 23, 2016. The amendments are highlighted below: […]

2017 年 8 月 8 日

If a radio and television operator broadcasts contents that violate relevant laws and regulations, even such laws and regulations are silent about specific obligations and penalties for radio and television operators, the competent authorities of the laws may still sanction illegal acts separately. If the competent authorities for the laws and regulations do not impose any penalty, the National Communications Commission may still sanction pursuant to the three laws for the radio and television, provided that an act should not be penalized twice(Taiwan)

Oli Wong The Ministry of Justice issued the Fa-Lu-10503510580 Circular of July 22, 2016 (hereinafter, the “Circular”) to communicate its consultation opinion concerning the issue of applying laws and regulation raised by the National Communications Commission regarding the requirement that […]

2017 年 8 月 8 日

An offshore satellite broadcast and television enterprise shall be reviewed and granted with a license before it may operate(Taiwan)

Lenore Chen The National Communications Commission promulgated the Rules for Reviewing Establishment Application of Satellite Broadcast and Television Enterprises and Offshore Satellite Broadcast and Television Enterprises (hereinafter, the “Rules”), which consist of a total of 19 articles, via the Tong-Chuan-Nei-Rong-10548015871 […]

2017 年 8 月 8 日

Any joint owner of a historical building may independently apply to the competent authority for historical building designation and registration in the capacity of the building’s owner with no need to obtain the consent of all of the owners(Taiwan)

Teresa Huang The Supreme Administrative Court rendered the 105-Pan-102 Decision of March 4, 2016 (hereinafter, the “Decision”), holding that any joint owner of a historical building may independently apply to the competent authority for historical building designation and registration in […]

2017 年 8 月 8 日

Specific Restrictions on Foreign Investment under the New Version of the Administrative Provisions on Online Publishing Services(Mainland China)

Li-kang Weng The State Administration of Press, Publication, Radio, Film and Television (hereinafter, the “SAPPRFT”) and the Ministry of Industry and Information Technology jointly promulgated the Administrative Provisions on Online Publishing Services (hereinafter, the “Provisions”). The Provisions went into effect […]

2017 年 8 月 8 日

The Statute for Developing Tourism was amended to enhance the control of illegal and unlicensed hotels and the administration of tourist areas(Taiwan)

2017.01.11 Oli Wong The President promulgated Articles 2, 19, 34, 38, 49 and 51 of the Statute for Developing Tourism (hereinafter, the “Statute”) as amended and added Article 37-1, Article 55-1 and Article 55-2 via the Hua-Zhong-One-Yi-10600002021 Directive of January […]

2017 年 8 月 8 日

Long-term, continuous and repetitive illegal advertising acts should be assessed as one act in general. Its continuity is disrupted upon sanction by an administrative agency when another act begins.(Taiwan)

2016.11.25 Oli Wong The Supreme Administrative Court rendered the 105-Pan-623 Decision of November 25, 2016 (hereinafter, the “Decision”), holding that long-term, continuous and repetitive illegal advertising acts should be assessed as one act in general. Its continuity is disrupted upon […]

2017 年 8 月 8 日

The National Communications and Commission prescribed the Rules for Evaluating Cable Radio and Television Business Plans on November 4, 2016(Taiwan)

2016.11.04 Oli Wong The National Communications and Commission (hereinafter, the “NCC”) promulgated the Rules for Evaluating Cable Radio and Television Business Plans via the Tong-Chuan-Ping-Tai-10541037550 Directive of November 4, 2016 (hereinafter, the “Rules”), which came into effect on the day […]

2017 年 7 月 31 日

The nature of random inspection conducted by the NCC does not require notification to be served upon the party concerned to be present(Taiwan)

2017.4.20 Frank Sun The Supreme Administrative Court rendered the 106-Pan-189 Decision of April 20, 2017 (hereinafter, the “Decision”), holding that for random examination conducted by the National Communications Commission, there is no need to notify the party concerned to be […]