The following terms and phrases, wherever they appear in this Regulation, shall have the meanings specified next to each, unless the context requires otherwise:

Law: Communications Law.

Implementing Regulation: Implementing Regulation of the Communications Law.

Regulation: Regulation of the Committee for Reviewing Violations of the Communications Law.

Authority: Communications and Information Technology Commission.

Council: Board of Directors of the Authority.

Governor: Governor of the Authority.

Committee: Committee for Reviewing Violations of the Communications Law.

Secretariat: Secretariat of the Committee.

Trustee: Trustee of the Committee.

1 - The Committee is formed in accordance with what is stated in Article (38) of the Telecommunications System from five members from the Authority or others, provided that they are experienced and knowledgeable, and that among them there is a legal advisor. They are appointed by a decision issued by the Council based on a recommendation from the Governor, which specifies the President of the Committee and his Deputy, and the Deputy shall have the powers of the President in case of his absence.

2 - The Committee shall be independent in its work and shall be administratively affiliated with the Council.

3 - No member of the Committee shall have any interest with any person accused of violating the Authority's regulations; otherwise, he must recuse himself and not participate in the Committee's consideration of that matter.

4 - The Council, based on a recommendation from the Governor, may appoint alternate members for the Committee to replace those who are absent or in case one of its members excuses himself until a member is appointed to replace him to complete his term.

5 - The decision to form the Committee shall specify its duration, and it may be terminated before the expiration date and reconstituted by a decision issued by the Council.

6 - The Council shall determine the allowances for the members of the Committee who do not hold a position in the Authority.

The Committee is responsible for examining violations of the provisions of the law and imposing the penalties stipulated therein. If the violation brought before the Committee does not fall under its jurisdiction, it shall issue its decision of lack of jurisdiction. If, during its examination of the report, it discovers the existence of another violation punishable under other laws, it may notify the prosecution authority of that.

• 1 - The Committee manages under the name (Trustee of the Committee for Reviewing Violations of the Telecommunications System "Trustee"), and the Trustee is responsible for its administration, reporting administratively to the Governor of the Authority, and is subject to the supervision of the Chairman of the Committee. Its mission is to support the Committee in its tasks and responsibilities, particularly the following:

  • A- Making the necessary arrangements for the Committee's meetings.

  • B- Recording the minutes of the Committee's meetings.

  • C- Reviewing what is referred to the Committee from the violation claims, and notifying the prosecution in case of any deficiency in the information or data for completion.

  • D- Reviewing the submitted memoranda, defenses, and similar documents regarding the alleged violation.

  • E- Receiving correspondence directed to the Committee and preparing responses to it for presentation to the Chairman of the Committee.

  • F- Indexing and preserving the Committee's decisions, and related cases and rulings, and coordinating with the Authority regarding the publication of decisions.

  • G- Preparing the annual report of the Committee's activities and submitting it to its Chairman.

• 2 - Managing the content of the Committee's webpage on the internet.

1 - The Authority shall refer the prosecution regulations for violations committed against the Telecommunications System to the Secretariat, directed to the Chairman of the Committee, in accordance with the approved mechanism, ensuring that it is presented quickly and easily, and that it is accessible for follow-up and inquiries. The Authority has the right to reassess the prosecution's position before a decision is issued by the Committee.

3 - The Secretariat shall prepare and organize the review of the violations that will be presented to the Committee as determined in this regard.

• 1- The Committee shall hold its meetings at its designated headquarters at the Authority’s main center, and it may hold its meetings outside it if necessary.
• 2- The Committee may hold its meetings in any manner it deems appropriate and enables it to perform its jurisdiction, including the use of modern electronic communication means.
• 3- The Committee’s meetings and deliberations are confidential, and attendance is not permitted to non-members and the Trustee except with its approval.
• 4- The Committee shall consider the violation claims submitted to it by the Secretariat.
• 5- The Committee’s meetings and decisions taken shall be recorded in a special minutes, documenting the date and time of the meeting and attendance. The meeting shall not be held except in the presence of the majority of its members, including the President or his deputy.
• 6- The Committee shall confront the person accused of the violation, either in person, in writing, or through any electronic means as it deems appropriate.
• 7- Notifications shall be sent, responses received, and correspondence conducted, including notification of the decision, by any communication means the Committee deems appropriate, including: (electronic messages, email, electronic applications). The Committee may summon the accused to hear his statements, record them in the minutes, and have them signed by those present.
• 8- The Committee may issue its decision in the event of no response from the accused to the notification served regarding the violation.
• 9- The Committee has the right to hear statements or request information from whomever it deems appropriate when considering a violation, and it may summon them to attend.
• 10- The Committee may request the opinion of an expert or whomever it deems appropriate when considering the violation.
• 11- The Committee has the right to access all information related to the violation, including confidential information.
• 12- The Committee shall conduct investigations, hear statements, and receive the information it deems necessary to consider the violation. It may conduct inspections with all its members or delegate whomever it deems appropriate for that purpose. It may also refer the violation back to the prosecution to complete investigation and evidence procedures.
• 13- It is incumbent upon every person accused of a violation and related persons to fully cooperate with the Committee in disclosing any information or data requested.
• 14- The Committee has the right to accept any means of evidence it deems appropriate in a violation under its consideration.
• 15- The Committee must expedite the consideration of violations involving detainees or prisoners, or those affecting the telecommunications and information technology sector.
• 16- The Committee’s decisions shall be issued by majority vote, and in the event of a tie, the President’s vote shall be decisive. The dissenting opinion shall be recorded in the Committee’s meeting minutes.

• 1- The Committee must issue its decisions on all claims presented to it.
• 2- The Committee's decisions must include a number and date of the decision, a description of the committed violation and its circumstances, the effective defenses submitted by the violator, and the response to them. The decision must state the reasons and the imposed fine accordingly upon confirmation of the conviction.
• 3- The Committee's decisions are binding on the person proven to have committed the violation, and that person has the right to appeal before the Board of Grievances within thirty (30) days from the date of notification of the decision.
• 4- The Committee's decision, upon confirmation of the conviction, must stipulate the publication of the penalty on the official authority's website on the internet, or in a local newspaper at the violator's expense, including the name of the violator and the committed violation.
• 5- The Committee shall take into account the final judicial rulings related to its decisions.
• 7- The Committee shall, on its own initiative or upon the request of any concerned party, correct any material errors in its decisions. If there is ambiguity or vagueness in the decision, any concerned party may request the Committee to interpret it.

• 1- The Committee must, when considering violations, study each violation from all its aspects and determine the appropriate fine for it. It may issue a single decision regarding multiple violations.

• 2- The fine imposed by the Committee in accordance with the Communications System shall not exceed twenty-five million Saudi Riyals (25,000,000 SAR), and the fine shall be determined based on the nature of the violation and its severity, on an individual basis.

• 3- If the decision of the Committee includes a specified period for rectifying the violation subject to the decision or addressing it, and the violator has not rectified their violation or addressed it within that period, the authority may file a claim before the Committee to consider punishing the violator with the same penalty.

• 4- The Committee may consider the violator's previous offenses and take that into account when determining the fine.

1- This Regulation shall be effective from the date of its publication on the website, after being approved by the Minister of Communications and Information Technology, and shall annul any provisions and decisions that conflict with it.
2- This Regulation shall be reviewed, and any proposals or amendments shall be submitted to the Board of Directors of the Authority for approval, in preparation for its ratification by the Minister of Communications and Information Technology.