Fine for contravention

(1) In the event of wilful or negligent contravention of Section 9-9 of the Representation of the People Act, the Media Authority may impose upon an enterprise a fine for contravention of up to 28 times the basic amount in the National Insurance Scheme. In this context 'enterprise' means a company, cooperative enterprise, society or other association, sole trader, foundation, estate or public enterprise.

(2) In assessing the amount of the fine, special emphasis shall be placed on

a) the seriousness of the contravention

b) whether the enterprise could have prevented the contravention through guidelines, instruction, training, checks or other measures,

c) whether the contravention was committed to promote the interests of the enterprise,

d) whether the enterprise has had or could have benefited from the contravention,

e) whether there has been repeated contravention, and

f) the financial capacity of the enterprise.

3) The contravention fine accrues to the public treasury and is enforceable by execution.

(4) The King may not issue general instructions about the enforcement of the provision to the Media Authority or the Appeal Board, nor may the King issue orders concerning execution of authority in individual cases or reverse decisions.

(5) Decisions concerning imposed contravention fines may be appealed to an independent Appeal Board appointed by the King. The Board shall have three members. The King determines who shall be the chairman of the Board.

(6) The Appeal Board cannot reverse a decision made by the supervisory body of its own initiative.

(7) The Ministry may through regulations provide more detailed rules concerning the implementation of provisions in this section, including concerning the appointment and composition of the Appeal Board and concerning collection of and the deadline for payment of fines.

Added by Act No. 26 of 8 May 2009 (commencing 8 May 2009 pursuant to Decree No. 497 of 8 May 2009).