An objection to an inspection board report is possible, and the Regulation on Official Announcements and Advertisements governs it in two articles: Article 104 sets out what may be objected to, Article 105 how the objection is resolved.
What can be objected to? (Art. 104)
The article recognises three separate grounds of objection:
| Ground of objection | What it means |
|---|---|
| The constitution of the inspection board in point of procedure | Procedural irregularity in how the board was formed |
| The content of the reports it draws up | The accuracy or incompleteness of the findings in the report |
| The decisions to be taken on the basis of its reports | The administrative decision given on the report |
The first heading is often skipped: you may object not only to the information in the report but to how the board was constituted. The formation of inspection boards is regulated in Article 94 and the circumstances preventing service in Article 97.
To whom is the objection made? (Art. 105)
Article 105(1) determines a different authority according to the subject of the objection and grants the same possibility to both:
| Ground of objection | Competent authority | Possibility |
|---|---|---|
| Concerning the content of the report | The Directorate General | May have a fresh inspection carried out by another inspection board within 20 days |
| Concerning decisions given on the basis of the report | The Board of Directors | May have a fresh inspection carried out by another inspection board within 20 days |
The words “another inspection board” are decisive: a fresh inspection may be carried out by a board different from the one that carried out the first. That shows an objection to the content of a report has a concrete counterpart — it does not remain on paper.
The Board of Directors may hear you
Article 105(2) provides: objections made against decisions taken on the reports drawn up, and the inspection reports of inspection boards whose constitution is envisaged by the Board of Directors, are examined and decided by the Board of Directors. If requested, the Board of Directors hears the owner of the newspaper or online news site where it considers this necessary.
Ask for the report first
The document you will rely on in preparing your objection is the report itself. Article 103(5) makes that possible: on request, a copy of the report may be given by the Directorate General to the periodical inspected.
The periods in the same article show the timetable of the process:
| Step | Period |
|---|---|
| The inspection board draws up the report | 15 working days at most from completion of the inspection |
| Referral by the Directorate General to the relevant directorate | 2 working days at most |
| Proceedings on the referred reports | 15 working days at most |
Objecting to a decision: 10 working days (Art. 115)
If a Directorate General decision has issued on the report, a separate route of objection operates against it. Under Article 115 the newspaper or online news site to which the decision is notified may object to the Board of Directors within 10 working days.
- The period begins on the first working day following the day the decision was notified.
- In calculating the period, the date the objection letter reaches the Agency’s records is the basis.
- A separate letter must be given for each Directorate General decision.
- If no objection is made, it is not made in time, or it is ultimately not accepted, the decision becomes final.
The route of objection is written in the decision
Under Article 108, decisions state how and before which authority they may be objected to. When you receive a decision, look at that part first.
Under the same article the decision also states the procedure by which the breach or the new indicators were determined, the findings on which the decision rests, any period of breach, any period and amount of set-off or compensation, and the date on which the right to publish resumed where that has been established. Those items show you where to focus your objection.
Decisions are sent within seven working days under Article 107(8).
Conclusion
Objection may be made to the constitution of the inspection board, to the content of the report and to decisions based on the report. For objections to report content the Directorate General, and for objections to decisions the Board of Directors, may have a fresh inspection carried out by another inspection board within 20 days. Against a Directorate General decision, objection is made to the Board of Directors within 10 working days starting from the first working day after notification.
The scope of inspection is covered in the inspection scope guide and the documents sought in the documents guide.