Article 1 In accordance with paragraph 3 of Article 70-1, and Article 113-1, of the Securities Investment Trust and Consulting Act (hereinafter referred to as the Act), the National Police Agency of the Ministry of the Interior, for requiring internet platform providers, internet application service providers, internet access service providers, or other network communication media enterprises (hereinafter collectively referred to as Internet platform operators) to effect rectification within a limited period of time and imposing penalties, enacts the Directions.
Article 2 The terms used in the Directions are defined as follows:
1. “Internet platform providers” mean businesses that provide on-line storage space, or use the Internet to set up websites to offer such services as information dissemination and web page connections;
2. “Internet application service providers” mean businesses that provide various application services on the Internet;
3. “Internet access service providers” mean businesses that provide Internet connection services through dedicated or dial-up internet access;
4. “Other network communication media enterprises” mean communication intermediary services providers, such as operating advertising networks or online e-newsletter platforms, that use electronic transmission equipment to transmit text, images, data or other information in digital format; and
5. “Advertising” means the act of a business or individual that pays fees to an Internet platform provider in order to use its platform or page to post information in respect of related products or services for the purpose of soliciting securities investment or business.
Article 3 The Criminal Investigation Bureau of the National Police Agency (hereinafter referred to as the “CIB”) is the police authority that disposes cases involving violation of Article 70-1 and Article 113-1 of the Act.
Every police authority or other government officials may collect and send the following information to the CIB:
1. Information verified to be about an Internet platform operator and its advertisement, whose broadcast source shall be saved by taking a screen shot;
2. Information in regard to the URL, ad code, or the others that can be identified as a specific advertisement;
3. Advertisement contents that involve those prohibited and listed in paragraphs 1 and 2 of Article 70-1 of the Act; and
4. Information on the link page, in which it has to be checked to see whether or not it contains a communication software account, contact number or other relevant information.
Article 4 The process and important matters with regard to the implementation of a rectification notification within a period of time as stipulated in paragraph 3 of Article 70-1 of the Act are as follows:
1. For cases that clearly involve the violation of paragraph 1 or 2 of Article 70-1 of the Act, the CIB shall issue an rectification notification, demanding that within 24 hours the Internet platform operator shall remove the illegal advertisement, restrict access to it, cease broadcasting it, or take other necessary measures. The CIB may also send the illegal advertising information to the Internet platform operator to openly disclose it via the Internet or through a designated email or electronic form, so as to make the Internet platform operator carry out rectification measures as soon as possible.
2. After a notification requiring rectification to be effected within a period of time is served, the Internet platform operator should remove the designated advertisements within 24 hours, and submit proof to prove the removal along with information in regard of the advertiser, commissioned publisher or broadcaster, payer (the registered name of businesses and legal entities; the name on the identity document of individuals) and location to the CIB for review.
3. The Internet platform operator may submit the information provided for in the preceding paragraph to the CIB for review via email or an electronic form.
4. Within 12 hours after receiving the to-be-reviewed information provided for in the preceding subparagraph 2, the CIB shall notify the Internet platform operator of the review results via email or an electronic form.
5. The statute of limitations shall remain unchanged regardless of the time needed for the review.
6. The time given to effect rectification may be shortened according to the circumstances of the case if illegal advertisements conform to the following special urgent circumstances:
(1) Leveraging current events while posing as others in investment advertisements.
(2) Investment advertisements using government officials and celebrities impersonation.
Article 5 If paragraph 3 of Article 70-1 of the Act is violated and not rectified within the prescribed time limit, the CIB may impose a fine, demand rectification within a period of time, and impose consecutive fines for continued failure to effect rectification in accordance with Article 113-1 of the Act as follows:
1. NT$120,000 for the first administrative fine.
2. NT$240,000 for the second administrative fine.
3. NT$360,000 for the third administrative fine.
4. NT$480,000 for the fourth administrative fine.
5. NT$600,000 for the fifth administrative fine, and each additional administrative fine afterwards.
The demand for rectification within a period of time and the review process provided for in the preceding paragraph are based on the preceding direction.
Article 6 The notification requiring rectification within a period of time and the administrative disposition shall include the following information:
1. Information contained in the notification:
(1) The basic information of the penalized Internet platform operator includes the title of the operator, the name, date of birth, sex, ID number, and address of the administrator or representative.
(2) The subject matter, facts, reasons and legal basis of the case involve violation against paragraph 1 or 2 of Article 70-1 of the Act. The facts shall provide information with respect to the Internet platform operator, the advertising URL or ad code, and the link page URL directed to the investment advertisement that violates paragraph 1 or 2 of Article 70-1 of the Act.
(3) Limited time for rectification, information to be submitted for review, and the demanded rectification and consecutive administrative fines to be imposed for failure to comply with the required rectification demanded in accordance with Article 113-1 of the Act.
(4) Reference number and issue date of the written administrative disposition, and the name of the authority rendering the disposition with the signature or personal seal of its head officer.
(5) The remedy, the time period to seek the remedy, and the authority to be turned to for the remedy in case dissatisfaction with the administrative disposition arises.
2. Information contained in the written administrative disposition:
(1) The basic information of the penalized Internet platform operator, including the title of the operator, the name, date of birth, sex, ID number, and address of the administrator or representative.
(2) The subject matter, facts, grounds and legal basis of the charge against the act violating paragraph 3 of Article 70-1 of the Act. The facts shall include information with respect to the Internet platform operator, its advertising URL or ad code, and its link page URL on the advertisement that violates paragraph 1 or 2 of Article 70-1 of the Act.
(3) The amount of fine, time limit for rectification, and intent that documents can be submitted for review and overdue payment would be referred to the Administrative Enforcement Agency of the Ministry of Justice for collection
(4) The reference number and issuance date of the written administrative disposition, the name of the authority rendering the disposition with the signature or personal seal of its head officer.
(5) The remedy available in case of dissatisfaction with the administrative disposition, the time period within which the remedy may be sought and the authority accepting an application for the remedy.