US Department of State Criticizes Taiwan Authorities for Using Criminal Defamation Laws to Threaten Journalists

Editors‘ Note:
This article was compiled and written by OpenAI’s ChatGPT Plus and reviewed by the human editors of Eat News.

The US Department of State has been consistently releasing annual reports on the Human Rights Practices in Taiwan. These reports indicate that while Taiwan is a functioning democracy, there are concerns surrounding freedom of speech and the liberal use of libel and slander laws, focusing on the curbing of disinformation, the Law for Maintaining Social Order, and the criminalization of defamation and public humiliation.

In the 2020 report, the Law for Maintaining Social Order was cited as a tool authorities used to limit or question speech to combat misinformation. In some cases, this law was used to target individuals expressing critical opinions, such as a political science professor who posted a video criticizing the administration’s policy on the National Palace Museum in 2018. Additionally, two opposition Tainan City councilors were referred to court for potentially violating the law after making claims about counterfeit stimulus vouchers. In both cases, the courts ruled that the comments constituted protected free speech.

Throughout the three-year period, libel and slander laws remained a significant concern. Defamation and public humiliation are criminal offenses, with reporters facing the threat of legal action under liberal libel laws. These laws allow subjects of unfavorable press coverage to press criminal and civil charges directly against journalists and media outlets for defamation.

Under the law, those who commit slander or libel by “pointing out or disseminating a fact which will injure the reputation of another” are subject to a sentence of up to two years or a fine. Victims can also claim financial compensation and require measures for rehabilitating their reputations. However, journalists are rarely convicted for criminal defamation, as the law also specifies that a person making “fair comment on a fact subject to public criticism” with “bona-fide intent…shall not be punished.”

The use of the Law for Maintaining Social Order to curb disinformation raises concerns about potential overreach by authorities and the stifling of free speech. It is crucial to strike a balance between combating disinformation and protecting citizens’ right to express their opinions.

Furthermore, the criminalization of defamation and public humiliation, as well as the liberal use of libel and slander laws, may create a chilling effect on journalists and hinder freedom of the press. Legal scholars and NGOs have urged that libel be treated exclusively as a civil matter to mitigate this issue.

In conclusion, while Taiwan is a thriving democracy, it is vital to address these concerns to ensure the protection of human rights, particularly freedom of speech and the press. Strengthening the democratic values of Taiwan will require ongoing efforts to reassess and reform laws that potentially undermine these fundamental rights.