Wed, Nov 02, 2011 page8

• Legislator’s lawsuit is a threat to press rights

  • By Taiwanese Human Rights Association of Canada
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  On Sept. 2, Newtalk Internet News reporter Lin Chao-i (林朝億) reported on meetings of Chinese Nationalist Party (KMT) Legislator Hsieh Kuo-liang (謝國樑) and media representatives with members of the National Communications Commission (NCC) to discuss speeding up the process of approving the Want Want China Times media conglomerate takeover of China Network Systems, Taiwan’s second-largest cable television provider.

  The headline of Lin’s article called this an attempt to pressure the NCC.

  Hsieh claimed to be unhappy with the word “pressure” (施壓) and on Oct. 14 filed a lawsuit against Lin alleging “criminal defamation,” and naming Newtalk chairman Su Tzen-ping (蘇正平) as co-defendant.

  Hsieh also requested that the court immediately impose a “provisional seizure” of Lin and Su’s assets to go toward his demand of NT$2.5 million (US$83,000) in damages.

  The Taipei District Court granted this request.

  It should be noted that Hsieh is a senior KMT legislator representing Keelung. He is also the KMT legislative whip and chair of the Judiciary and Organic Laws and Statutes Committee. It is not clear how any of these important functions relate to his meeting with the NCC on this matter.

  Lin is president of the Association of Taiwanese Journalists. Su was director-general of the Government Information Office during the previous DPP administration.

  We note that Hsieh waited well over a month before launching this lawsuit.

  As of the date of this statement, it was reported that in response to a public outcry, Hsieh stated that he would withdraw the demand for the provisional seizure of assets, but plans to continue with the lawsuit.

  The Taiwanese Human Rights Association of Canada (THRAC) is deeply concerned about this case and makes the following statement:

  One, for an experienced reporter to conclude that Hsieh’s actions look like “pressure” is an unremarkable deduction, which can stand the test of public opinion. In the normal course of political reporting, even in Canada, this hardly constitutes “defamation.”

  Two, we urge Hsieh to withdraw this lawsuit against Su and Lin.

  Three, for a legislator to demand, even before the court has passed sentence, that a journalist’s livelihood should be put into difficulty by freezing his bank account and withholding part of his salary is a shocking abuse of power that threatens all public media and puts a chill on freedom of the press.

  Four, the THRAC expresses its dismay at the court’s decision to impose a provisional seizure of assets.

  We urge the minister of justice to undertake legal revisions to strictly limit the use of defamation laws.

  This is especially urgent in light of this case and a new UN Human Rights Committee statement urging limits on the use of defamation cases by state parties to limit freedom of expression.

  Five, we request that President Ma Ying-jeou (馬英九), who is also the KMT chairman, make a clear statement disassociating his party from Hsieh’s actions and issue instructions to all KMT political figures to refrain from any use of defamation laws against the press, except in the most egregious instances.

  We urge the president to give his party’s support to a revision of defamation laws consistent with the recent comments of the UN Human Rights Committee.

  Taiwanese Human Rights Association of Canada president Michael Stainton and the association’s executive committee.
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