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

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.
    • The 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 Committees Reviewing Violations; for violating the provisions of the Law.
    • The Serious Violation: A violation related to the provisions of Article (26) of the Communications and Information Technology Law, which may cause serious harm to the user or the public interest, or negatively affect competition in the communications and information technology sector.

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.
    1. The committee shall consist of three members with legal and technical qualifications in the fields of communications and information technology, provided that the chairperson of each committee has legal qualifications. The deputy shall have the powers of the chairperson in their absence. Each committee shall have a reserve member. A decision shall be issued by the Council appointing the chairperson 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.
    1. The committees shall be independent in their work and shall be administratively affiliated with the Council.
    1. 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 competent committee’s consideration of the accusation.
    1. 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 regulatory decisions, claimed by the Authority, 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 parties 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 its issued decisions.
    • F- Approving the committee's annual report of activities 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 secretariat of the committees is administratively affiliated with the Governor, and its secretary is subject to his supervision.
    • 11- The secretariat of the committees consists of a Secretary and one or more Assistant Secretaries, 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 statements submitted to the Secretariat, provided that the prosecution statements are addressed to the Chairman of the competent Committee, with due regard to not delaying their submission and ensuring 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 statements 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, and his identification number (or its equivalent for legal persons), 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 the evidence for each violation.
    • E- The requests of the prosecuting entity.

  • 3- Prosecution of violations before the Committees shall be conducted within a period not exceeding (360) days from the date of knowledge of the fact subject to prosecution; unless there is an excuse accepted by the Committee.

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

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

  • 1- The competent committee shall confront those accused of the violation in person, in writing, or through any electronic means at its discretion, and shall receive the response of the accused via the same means; unless the committee decides otherwise.
  • 2- Correspondence between the competent committee and the accused—including notification of the decision—may be conducted by any communication means deemed appropriate by the committees, including: (electronic messages, electronic applications). The committee may summon the accused—or whomever it deems—to hear their statements and 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 before them; provided 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 committee shall decide on the subject of the claimed violation after the authority and the accused have presented their responses. The committee may issue its decision if it deems a single response from the accused sufficient or upon notification without a response.
  • 5- The competent committees may issue their decision if the accused fails to respond to the notice within the specified period.
  • 6- Committee decisions are issued by majority vote, and any dissenting opinion—if any—is recorded in the meeting minutes.
  • 7- The committees, during the consideration of claims, have the right to access all information related to the violation, including confidential information.
  • 8- Anyone accused of a violation—and related persons—must fully cooperate with the committee in disclosing any information or data requested by the committees.
  • 9- 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. They may also issue a decision to reject the claim.

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

  • 1- Notification is considered effective for its legal consequences 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 under its supervision or their legal representatives.
    • C- The address registered for the person attributed with the violation with any of the persons or entities under 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 within 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; committees have the authority to extend for a specified period when appropriate, provided that this is clarified in the meeting minutes, and urgency is considered in urgent violations.
  • 3- Committee decisions must be notified to the parties within a period not exceeding thirty (30) days from the date of issuance. 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- Committees may, on their own initiative or upon the request of any concerned party, correct any errors in their decisions. If there is ambiguity or vagueness in the decision, any concerned party may request the competent committee that issued the decision to interpret it.

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