Artist : Mr. Chau-yih Yu
The Satellite Broadcasting Act and its relevant rules, published by the National Communications Commission (NCC), apply to all satellite TV channels receiving landing licences and thus carried by cable TV systems and media on demand digital platforms in Taiwan. The contents of programmes or ads transmitted by a satellite TV channel must not violate compulsory or prohibitive regulations under the law. Accordingly, the NCC has banned ads relating to tobacco products, gambling promotion and solicitation on all satellite TV channels. Further, product placement marketing for the following products, services and associated trademarks are also forbidden pursuant to the Regulations for the Distinction between Television Programs and Advertisements, Product Placement Marketing, and Sponsorship:
– international matchmaking;
– prescription medicine or medicine designated by central competent health authorities;
– illegal commodities and services; and
– other commodities forbidden from advertising by law.
However, unless there is specic law requiring prior approval of the ads from the other appropriate authorities, the NCC neither requires an ad to be licensed before being shown in Taiwan nor imposes censorship on TV ads.
Nevertheless, the NCC’s implementation of ad regulation is closely connected to the Consumer Protection Act. Article 23 of the Consumer Protection Act demonstrates that ad disclaimers may not have the legal effects that the advertisers and digital media platforms may have intended:
Where media knows or should have known that the contents of the advertisements are inconsistent with the facts, shall be jointly and severally liable to consumers for their reliance upon such advertisements.
Damage liability set forth at previous paragraph cannot be restricted or waived by any agreement in advance.