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Taiwan libel/slander laws a major human rights issue: U.S. report

2022-04-14
Focus Taiwan
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Provisions that "allow the subjects of unfavorable press coverage to press criminal and civil charges directly against journalists and media outlets for defamation" in Taiwan's Criminal Code is noted again in the U.S. report. CNA file photo
Provisions that "allow the subjects of unfavorable press coverage to press criminal and civil charges directly against journalists and media outlets for defamation" in Taiwan's Criminal Code is noted again in the U.S. report. CNA file photo

Washington, April 12 (CNA) The United States has identified the existence of subjecting journalists to criminal offenses as a human rights issue Taiwan needs to address and voiced concerns about the influence allegedly exerted by China to suppress Taiwan's press freedom.

"Significant human rights issues included the existence of criminal libel laws," according to the chapter about Taiwan in the 2021 Country Reports on Human Rights Practices issued by the U.S. Department of State on Tuesday.

It was the second year in a row the U.S. State Department criticized defamation and public humiliation as being criminal offenses, and noted that reporters face online bullying and the threat of legal action under the "liberal libel laws."

"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," the report said.

It noted that victims of slander can ask for financial compensation and actions to rehabilitate their reputations, provisions that "allow the subjects of unfavorable press coverage to press criminal and civil charges directly against journalists and media outlets for defamation."

The report did note that in practice, journalists were rarely convicted for criminal defamation, as the law also specifies that a person who makes "fair comment on a fact subject to public criticism" with "bona-fide intent...shall not be punished."

But it said that some legal scholars and nongovernmental organizations continued to urge that libel be treated exclusively as a civil matter.

With regard to issues undermining freedom of press, the report said officials in the People's Republic of China (PRC) "reportedly continued to influence Taiwan media outlets through pressure on the business interests of their parent companies in the PRC."

Taiwan journalists reported difficulty publishing content critical of the PRC, alleging that PRC authorities had pressured Taiwan businesses with operations in China to refrain from advertising with Taiwan media outlets which published such material, it said.

The report also highlighted the decision by Taiwan's government in December 2020 not to renew CTi News's broadcast license, which forced it to close down its cable news channel and use an online-only format.

It said the move was seen by opposition politicians and some academics and commentators "as a politically motivated retaliation for CTi News' criticism of the ruling party."

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