Yes, it can be. The Regulation on Official Announcements and Advertisements recognises two separate routes of objection: against Directorate General decisions (Art. 115) and against inspection board reports (Arts. 104–105). The two differ in authority, period and outcome.
Objection to a Directorate General decision: 10 working days (Art. 115)
Article 115(1) is clear: a newspaper or online news site to which a Directorate General decision is notified may object to the Board of Directors within 10 working days.
| Element | Rule |
|---|---|
| Period | 10 working days |
| Authority | The Board of Directors |
| Start of the period | The first working day following the day the decision was notified |
| Calculation of the period | The date the objection letter reaches the Agency’s records is the basis |
| Form | A separate letter for each Directorate General decision |
The fifth paragraph fixes the start: the periods in the article begin on the first working day following the day the decision was notified. The day of notification is not counted.
The outcome of an objection
- If the objection is upheld: the Board of Directors sends the file to the Directorate General for the necessary action (Art. 115(2)).
- If no objection is made, it is not made in time, or it is ultimately not accepted: the decision becomes final (Art. 115(3)).
Finality matters greatly in practice: under Article 112(3) applications relating to set-offs and compensations are carried out following the finalisation of the decisions on which they are based. No set-off is applied while the objection process is running.
Objection to inspection board reports (Art. 104)
Article 104 recognises three separate grounds of objection concerning inspection boards. Objections made by newspapers or online news sites:
- Against the constitution of the inspection board in point of procedure
- Against the content of the reports it draws up
- Against the decisions to be taken on the basis of its reports
are resolved according to the procedure in the provisions of the Regulation relating to inspection boards.
Resolution of objections: re-inspection (Art. 105)
Article 105 determines a different authority according to the subject of the objection and grants an important possibility:
| Ground of objection | Competent | 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 reports | 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: if your objection is considered well founded, the inspection may be repeated by a board different from the one that carried out the first. That shows objections to report content have a concrete counterpart.
Under the second paragraph, 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.
You can ask for a copy of the report
The document you will rely on in preparing your objection is the inspection board report. 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: inspection boards draw up their reports within 15 working days at most of the date the inspection was completed; the Directorate General refers reports to the relevant directorate within 2 working days at most; and proceedings on referred reports are completed within 15 working days at most.
When the decision reaches you
Under Article 108, decisions state how and before which authority they may be objected to. Look at that part first; the decision itself tells you the authority and the procedure.
Decisions are sent to the newspaper or online news site within seven working days under Article 107(8).
Conclusion
A Directorate General decision may be objected to before the Board of Directors within 10 working days starting from the first working day after notification; the period is calculated by the date the objection reaches the Agency and a separate letter is required for each decision. The content or constitution of an inspection board report may also be objected to, in which case a fresh inspection may be carried out by another board within 20 days.
If no objection is made, it is not made in time, or it is not accepted, the decision becomes final, and set-off and compensation operations are applied only after finality. Which breaches lead to these decisions is covered in the violations guide.