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Rules and Procedures for the Committees Reviewing Violations of the Communications and Information Technology Law - 1444

Article 1: Definitions

  • The following terms and expressions, wherever they appear in these rules, shall have the meanings indicated opposite each of them; unless the context requires otherwise:

    • The Law: The Communications and Information Technology Law.
    • The Implementing Regulation: The Implementing Regulation of the Law.
    • Rules and Procedures: Rules and Procedures for the Committees Reviewing Violations of the Provisions of the Communications and Information Technology Law.
    • The Council: The Board of Directors of the Communications, Space, and Technology Authority.
    • The Authority: The Communications, Space, and Technology Authority.
    • The Minister: The Minister of Communications and Information Technology.
    • The Governor: The Governor of the Communications, Space, and Technology Authority.
    • The Competent Committee: The committee referred to by the Secretariat to adjudicate the claim.
    • The Secretariat: The Secretariat of the Committees Reviewing Violations of the Provisions of the Law.
    • The Prosecution Entity: The entity competent to prosecute violations before the Committees Reviewing Violations of the Provisions of the Law.
    • The Accused: The natural or legal person against whom the claim is made before the Review Committees for violating the provisions of the Law.

Article 2: Formation of the Committee

  • 1- The Council shall form one or more committees to consider violations of the provisions of the Law, its Executive Regulations, and the decisions of the Regulatory Authority. These committees shall be competent to impose the penalties prescribed in the Law.
  • 2- The committee shall consist of three members with legal and technical qualifications in the fields of communications and information technology, provided that the president of each committee has legal qualifications. The deputy shall have the powers of the president in his absence. Each committee shall have a reserve member. A decision shall be issued by the Council appointing the president and members of the committee based on the nomination of the Governor, and the decision shall specify their remuneration. The term of membership in the committee shall be four (4) years, renewable.
  • 3- The committees shall be independent in their work and shall be administratively affiliated with the Council.
  • 4- No member of the committees shall have any direct interest with any person accused of committing a violation under consideration before them; otherwise, they must recuse themselves and not participate in the committee's consideration of the accusation.
  • 5- The committee shall terminate upon the expiration of its term or by a decision issued by the Council stating the reason for termination.

Article 3: Competencies of the Committees

  • 1- The committees are competent to consider violations of the provisions of the Law, its Executive Regulations, and organizational decisions, and to impose the penalties stipulated in the Law. If the claim brought before them does not fall within their jurisdiction, they shall issue a decision of lack of jurisdiction.

  • 2- The chairman of each committee is responsible for managing its work and is particularly responsible for the following:

    • A- Managing the committee's sessions and meetings.
    • B- Inviting the alternate member to attend the committee's sessions and meetings.
    • C- Corresponding with the authority, relevant bodies, and all those related to its work.
    • D- Notifying the committee's decisions to the authority and all concerned parties.
    • E- Appointing the committee's representatives before the judiciary when pleading in cases filed against the committee regarding the decisions issued by it.
    • F- Approving the annual report of the committee's work and submitting it to the council.

  • 3- The chairman of the competent committee may delegate one of its members or its secretary to perform some of the tasks assigned to him.

Article 4: Secretariat of the Committees for Violations Review

  • The committees are supported by a specialized secretariat responsible for providing support in their tasks and responsibilities, including, in particular, the following:

    • 1- The necessary arrangements for committee meetings.
    • 2- Recording the minutes of committee meetings.
    • 3- Reviewing the regulations referred to the committees alleging violations, and notifying the prosecution authority in case of any deficiency in information or data to be completed within ten (10) working days from the date of referral.
    • 4- Preparing and arranging the presentation of allegations and defenses to the committees.
    • 5- Preparing responses to correspondences received by the committees and presenting them to their chairpersons for approval.
    • 6- Indexing and preserving the committees’ decisions and related cases and rulings.
    • 7- Coordinating with the Authority regarding the publication of decisions that include the penalty of publication.
    • 8- Preparing the annual report on the committees’ work and submitting it to their chairpersons.
    • 9- Managing the content of the committees’ webpage on the internet.
    • 10- The committees’ secretariat is administratively affiliated with the Governor, and its secretary is subject to his supervision.
    • 11- The committees’ secretariat consists of a secretary, an assistant secretary (or more), supported by specialized researchers and administrative assistants to accomplish the tasks with the required quality and method.

Article 5: Allegation of Violations

  • 1- The Authority shall undertake prosecution of violations of the provisions of the Law, its Executive Regulations, and the decisions of the Regulatory Authority pursuant to prosecution lists submitted to the Secretariat. The prosecution lists must be addressed to the Chairman of the competent Committee, ensuring they are submitted without delay and verifying the accuracy of the data contained therein. The Authority has the right to reassess the prosecution position at any stage before a decision is issued by the Committees.

  • 2- The prosecution lists shall be submitted fulfilling the following requirements:

    • A- The full name of the prosecuting entity, or its representative.
    • B- The full name of the defendant, their identification number (or its equivalent for legal persons), their address, and means of contact - if available -.
    • C- The date of the violation occurrence, or the date of knowledge thereof, or both.
    • D- Specification of the alleged violations, the legal basis, and evidence for each violation.
    • E- Requests of the prosecuting entity.

  • 3- Prosecution of violations before the competent Committee shall be conducted within a period not exceeding one hundred and twenty (120) days from the date of knowledge of the fact subject to prosecution; unless there is an excuse accepted by the Committee.

  • 4- The prosecution lists shall be submitted by the Authority and deposited with the Secretariat of the Committees through designated channels, and may be submitted either in paper form or electronically.

Article 6: Procedures for Considering Violations Submitted to the Competent Committee

  • 1- The competent committee shall confront those to whom the violation is attributed either in person, in writing, or through any electronic means as it deems appropriate, and shall receive the response of the person attributed with the violation through the same means; unless the committee decides otherwise.
  • 2- Correspondence between the competent committee and the person attributed with the violation—including notification of the decision—may be conducted by any means of communication that the committees consider appropriate, including: (electronic messages, electronic applications). The committee has the right to summon the person attributed with the violation—or whomever it deems—to hear their statements, and to record this in a report signed by those present.
  • 3- The competent committees have the right to accept any means of evidence they consider appropriate in the violations under their consideration; provided that this does not conflict with the Law of Procedures before the Board of Grievances, the Law of Evidence, and related regulations. They may rely on electronic data issued from devices, smart applications, websites, phone recordings, paper or electronic correspondence, and others.
  • 4- The competent committees may issue their decision if the person attributed with the violation fails to respond to the notice within the specified period.
  • 5- Committee decisions are issued by majority vote, and any dissenting opinion—if any—is recorded in the meeting minutes.
  • 6- The committees, during the consideration of claims, have the right to access all information related to the violation, including confidential information.
  • 7- Every person attributed with the violation—and related persons—must fully cooperate with the committee in disclosing any information or data requested by the committees.
  • 8- The competent committees may refer the violation back to the prosecution authority to complete investigation and evidence procedures, or to fulfill the requirements for filing the claim.

Article 7: Means of Notice and Notification for the Competent Committees

  • 1- Notification shall produce its legal effects if made through any of the following means:

    • A- Mail or fax.
    • B- Email.
    • C- Text messages sent via the documented mobile phone, or one of the accounts registered in any of the governmental electronic systems.
    • D- Telephone call documented with a notification proof report.
    • E- Notice or notification via the electronic platform.

  • 2- The person attributed with the violation shall be notified and informed according to their specific addresses; depending on what is available, including:

    • A- The national address.
    • B- The address documented with the Authority for any persons and entities subject to its supervision or their legal representatives.
    • C- The address registered for the person attributed with the violation with any of the persons or entities subject to the Authority’s supervision.
    • D- The address recorded in the commercial register for companies and institutions.
    • E- The address registered with the Committees Secretariat.
    • F- The address chosen by the foreigner in the Kingdom.

Article 8: Committee Meetings

  • 1- The committees hold their meetings at the Authority's main headquarters, and they may hold their meetings outside it or electronically; as they see fit.
  • 2- The committees' meetings and deliberations are considered confidential, and no one other than their members and secretary may attend except with their approval.
  • 3- The committees' meetings and decisions taken are recorded in a special minutes document, which includes the date of the meeting, its time, and the attendees, and the meeting shall not be held except in the presence of the majority.

Article 9: Secondment and Expertise

  • 1- The competent committee may seek the assistance of experts and specialists in the telecommunications and information technology sector - or other sectors and specializations - to provide opinions on matters related to the claims presented before it; provided that the expert's task and the deadline for submitting the report are specified, and the expert must fully comply with this.
  • 2- The expert must submit the report within the specified period. If the expert is unable to submit the report by the specified deadline, he must provide a report explaining the reason for the delay, and the competent committee may extend the deadline for submitting the report at its discretion.
  • 3- The expert is obligated to maintain the confidentiality of the information and data he has reviewed, and he is not permitted to disclose any information or statement, even after the completion of his task.
  • 4- The competent committee may, when necessary, conduct an inspection or appoint any of its members to do so.
  • 5- In cases of appointment or seeking assistance from experts, the competent committee may request the authority to bear the necessary expenses and costs for that.

Article 10: Committee Decisions

  • 1- Committee decisions must include the decision number and date, a description of the committed violation, the effective defenses presented by the violator, and the response thereto. The decisions must state—upon establishing the conviction—the reasons and the penalty imposed accordingly.
  • 2- Committees must take the necessary procedures to issue their decisions within 90 days from the date of completion of the prosecution requirements before them; unless there is a justified reason for delay, with urgency being considered in violations of an urgent nature, such as those involving detainees or prisoners.
  • 3- Committee decisions must be notified to the parties within a period not exceeding thirty (30) days from the date of issuance. The committees have the authority to extend the period when appropriate.
  • 4- Decisions issued by the committees are enforceable, and an appeal may be filed against them before the Administrative Court within thirty (30) days from the date of notification of the decision.
  • 5- The committees shall, on their own initiative or upon the request of any concerned party, correct any material errors in their decisions. If there is ambiguity or obscurity in the decision, any concerned party may request the competent committee that issued the decision to interpret it.

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