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Reporter Peiqi Yang / Taipei Report
[Publicado el 7 de diciembre a las 13:22 ｜ 7 de diciembre a las 14:20 Actualizar el motivo de la decisión]In the case of the license change of the Zhongtian news channel, Zhongtian Television Co., Ltd. recently filed a petition with the Taipei High Administrative Court for a temporary penalty. After the November 30 hearing, the Beijing High-Tech Bank announced the results on the afternoon of the 7th, resolving to reject the petition and the entire case can be protested.
▲ Zhongtian TV station applied to the court for a temporary penalty for the photo change, which was rejected by Beijing Gaoxing on the 7th. (Photo by reporter Chen Yi)
According to the reasons for the ruling, Zhongtian TV maintains that the original sanctions were procedurally and substantially illegal, pending administrative litigation on the possible deficiencies that could arise from these procedural requirements, and whether the facts are illegal and legal, etc. , Additional investigation and judgment.
In addition, it is necessary to prudently explore the requirements of Article 18 of the Satellite Broadcasting and Television Law, the renewal review measures for satellite television and broadcasting companies and satellite television and broadcasting companies abroad, and the law of administrative procedure.
In response to the Law on Radio Broadcasting and Satellite Television, the “licensing system” is adopted for the application for renewal of licenses for satellite channels businesses, and even the elements of review and criteria of the National Commission of Communications (NCC) for the license renewal application are based on the solid development of broadcasting and satellite television to protect the public Under the current legal design of censorship for the purposes of audiovisual rights and the maintenance of audiovisual diversification , there are conflicts with the basic rights of the business of satellite channels, freedom of the press, etc., and the limit of censorship is carefully explored.
Therefore, the resolution of these disputes cannot be explained by Zhongtian or the current state of the NCC, and it can be judged whether the legality of the original punishment is obviously doubtful or unequivocal. The demand in this case is highly probabilistic of winning.
The judge also believed that the original punishment did not cause significant harm or imminent danger to Zhongtian. When Zhongtian obtained the original license, he was clearly aware of the fact that he may not be allowed to renew the license after the expiration of the 6-year period, and he can estimate the personnel, construction and other costs to be invested based on to this, it is difficult to say that the NCC cannot renew the license. Ask for non-ordinary damages.
In addition, Zhongtian cannot continue to operate television and radio program production and distribution with its original staff and equipment, or use other existing satellite broadcasting licenses, including the “Zhongtian Television and Satellite Broadcasting Business Comprehensive License”, “Zhongtian Entertainment Satellite Radio and Television Business License” continues to operate for profit. Furthermore, reduced operating income or damage to goodwill cannot be recovered through monetary compensation or other appropriate means. Therefore, it is difficult to recognize that the original punishment has caused significant harm or imminent danger to Zhongtian.
The judge affirmed that considering that the news media are public resources and social tools of all citizens, their use and development must be supervised by national policies and the competent authorities in accordance with the law. If the request is granted, it is like Zhongtian evading state regulations on the supervision of the license renewal of the satellite channel business through a false sanction procedure, except that it will nullify the design of the periodic license renewal system of 6 years as stipulated in the Satellite Television and Broadcasting Law, and will affect the effectiveness of the NCC. The power to manage order.
In addition, the programs and advertisements produced by satellite channel companies and broadcast by cable television system operators have a profound impact on the acquisition and awareness of correct information by the general public. In this preservation proceeding, it is difficult for the court to recognize original evidence based on existing evidence. The punishment has caused significant harm or imminent danger to Zhongtian. Some of the content of the lawsuit has actually reached the goal required by this case, and Zhongtian can also explain that the probability of winning the lawsuit in this case is relatively high.
We will then consider the loss suffered by Zhongtian due to its failure to obtain a license, the counterparty’s ability to manage the order effectively, and the significant impact of satellite-produced programs and announcements on society. Zhongtian’s request for temporary sanctions is obvious. Difficult to allow.
Regarding Zhongtian’s request to resume broadcasting on Channel 52, the judge believes that the content of this license does not include the frequency, and the frequency is formed by the cable systems industry and the satellite channel business or their channel agents through commercial mechanisms. Regarding the legal relationship in private law, NCC has no way to actively intervene in the commercial mechanism and the private law relationship between the systems industry and the satellite channel business, or its channel agents. In this sense, Zhongtian has no way of using NCC as a defendant to file a lawsuit with the same content in this case.
